ECS
From the ECS State Policy Database
2008 State Policies / Activities

Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • fax 303.296.8332 • www.ecs.org

The following summary includes policies enacted in 2008. This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. To view the documents, click on the blue triangle next to the topic of interest. To view all, press the button located at the top labeled "Expand All."

Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].

State Status/Date Level Summary
+ Accountability
+ Accountability--Measures/Indicators
+ Accountability--Reporting Results
+ Accountability--Sanctions/Interventions
+ Accountability--Sanctions/Interventions--No Pass No Drive
+ Accountability--Sanctions/Interventions--No Pass No Play
+ Accountability--Sanctions/Interventions--Takeovers
+ Accountability--School Improvement
+ Adult Basic Education
+ Assessment
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+ P-16 or P-20
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+ Service-Learning
+ Special Education
+ Special Education--Federal Law/Regulations
- Special Education--Finance
NYAdopted 10/2008P-12Adds a new section to establish a dispute resolution mechanism for costs for special education services provided to a non-resident student with a disability who is parentally placed in a nonpublic school.
Title: Title 8 NYCRR Section 177.2
Source: Lexis-Nexis/StateNet

ILSigned into law 08/2008P-12Amends the School Code and the Juvenile Court Act of 1987. Distinguishes funding provisions for students in residential programs who are not eligible for special education services and funding provisions for students with disabilities who are in residential programs. Provides that legislation relating to students in residential programs who are not eligible for special education services shall not be construed to relieve the student's resident district of financial responsibility based on the manner in which the student was placed at the facility.

Provides that when a dispute arises over the determination of the student's district of residence, any person or entity, including a school district or residential facility, may make a written request for a residency decision to the state superintendent, who must issue his or her decision in writing. Provides that the decision of the state superintendent is final.

Repeals certain provisions relating to the payment and reimbursement of costs associated with a disabled student placed in residential facilities by a public agency or court. Creates new section 105 ILCS 5/14-7.05 related to the payment of, and dispute resolution over, costs associated with a student with a disability in a residential facility placement. Provides the school district of residency is responsible for and must be reimbursed for the costs of educating the child. http://www.ilga.gov/legislation/95/SB/PDF/09500SB2042lv.pdf
Title: S.B. 2042
Source: www.ilga.gov/legislation

NYSigned into law 07/2008P-12Provides that solely for purposes of providing services to special education students and the computation of state aid, a student with disabilities in a homeschool program must be considered a nonpublic school student eligible to receive services as such, provided the student has an individualized home instruction plan that the local superintendent has determined to be in compliance with state regulations. States that except as provided above, a home school is not to be considered a nonpublic school. http://assembly.state.ny.us/leg/?bn=A11463&sh=t
Title: A.B. 11463
Source: assembly.state.ny.us

RISigned into law 07/2008P-12Excerpt: (b) Notwithstanding any other federal or state law or regulation, the school committee where a parentally placed child who has or develops a disability in private school resides, shall provide the child with the same free and appropriate education as it provides to children in public schools. These children shall have the same rights and remedies in the regulations of the board of regents for elementary and secondary education governing the education of children with disabilities as children in public school relative to initially determining eligibility, implementation and/or any other rights and remedies relative to any special education services the child may be eligible or receive from the public school district.
     (c) For the purpose of this statute, a parentally placed child who has or develops a disability in private school is defined as a child enrolled or placed in a private school by the
unilateral decision of his or her parents and without consolation of the public school district, who either has, or at some point while at the private school is diagnosed with a learning disability. Parents who unilaterally enroll their child in a private school are required to pay the tuition costs related to the child's education that are unrelated to the child's disability, and the public school district where the child resides is responsible for payment of the services related to the child's disability as developed and determined in the child's individual education plan.Clarifies the responsibilities of a municipality in regard to the education of children with special needs, along with responsibilities regarding the provision of a free and appropriate public education to those special needs students whose parents place them in a private school; relates to tuition costs; includes preschool.
http://www.rilin.state.ri.us/PublicLaws/law08/law08141.htm
Title: H.B. 7715
Source: http://www.rilin.state.ri.us

HISigned into law 06/2008P-12Extends the deadline within which to file a request for a due process hearing relating to the education of a child with a disability from ninety days to two years when the request is for reimbursement of costs of a child's placement. Provides that no later than 20 days prior to the convening of each regular session of the legislature, the department must submit a report indicating the total number of requests for a due process hearing relating to the reimbursement of costs for a child's placement filed by a parent or guardian of a child with a disability.

Requires the department to exercise oversight and monitoring of any child who has undergone unilateral special education placement as soon as practicable after the placement. http://www.capitol.hawaii.gov/session2008/Bills/SB2004_CD1_.htm
Title: S.B. 2004
Source:

LASigned into law 06/2008P-12Provides for comprehensive revision of the educational opportunities for children with exceptionalities provisions. The following are the major changes, as set forth in the digest (http://www.legis.state.la.us/billdata/streamdocument.asp?did=488156) of the reengrossed bill:

(1) Shortens current language; retains the requirement that the state and local education agencies must provide a free appropriate public education to students with disabilities ages 3-21.
(2) Adopts the definitions used in federal law (IDEA) except for those listed, "student with an exceptionality", "service agency", "local education agency", "and resident". The definition of "student with an exceptionality" mirrors the federal definition but retains
"gifted/talented".
(3) Provides that proposed law must be administered by the state department of education, with the approval of the state board of elementary and secondary education. Provides for a mechanism to ensure that interagency coordination occurs among state and local agencies. Emphasizes that local education agencies may use Medicaid and other sources of public insurers to provide services.
(4) Requires local education agencies to have in effect policies, procedures and programs to provide special education that are consistent with state policies and procedures. Allows the provision of services to children less than three years of age. Prohibits more than a three-year chronological age span in a class. Allows for the local education agencies to establish programs in concert with other local education agencies in order to pool resources. Requires that the local education agency provide transportation even when a cooperative endeavor between two local education agencies is necessary to provide special education services.
(5) Requires the state department of education to operate one or more residential schools for the education of students with hearing, visual, or orthopedic impairments and adopt regulations necessary to implement proposed law, including admission and placement requirements. Establishes the special school district to provide special education to students enrolled in any state-operated facility as a resident.
(6) Requires the state department of education and local education agencies to establish and maintain regulations and procedures to ensure that parents and children are afforded procedural safeguards, including but not limited to the right of a parent or agency to initiate a request for due process hearing. Limits liability to employees of school systems who render certain services. Defines confidentiality of information during mediation and individualized education program facilitation.
(7) States that local education agencies must provide special education and related services to children who are within the geographical boundaries of the local education agency; however, the local education agency must pay the costs only for such children who are residents therein. Provides that for a child living in a private residential facility in the state who is not a resident of the state or in the legal custody of a state agency, the local
education agency must provide the services and must be reimbursed by the residential facility. Requires the state to fund services for students in the special school
district and the special schools. Allows the state department of education and local education agencies to enter into purchase of service agreements or contracts to provide special education services.
Bill text: http://www.legis.state.la.us/billdata/streamdocument.asp?did=495696
Title: H.B. 1053
Source: www.legis.state.la.us

KSSigned into law 05/2008P-12Provides that a student enrolled in a district and attending both a non-virtual school and a virtual school must be counted as that proportion of one pupil (to the nearest one-tenth) that the student's attendance at the non-virtual school bears to full-time attendance. Provides that a student enrolled in a district and attending special education and related services and also attending a virtual school must be counted as that proportion of one pupil (to the nearest one-tenth) that the student's attendance at the non-virtual school bears to full-time attendance.

Repeals and replaces definition of virtual school.

Repeals and replaces K.S.A. 72-6455 regarding each district's high density at-risk pupil weighting. Creates new section for districts with enrollments of at least 40% but less than 50% at-risk students. Provides that each eligible district's medium density at-risk pupil weighting must be determined by the state board by multiplying the number of at-risk pupils by .06. Provides that if a school district becomes ineligible for medium density at-risk pupil weighting because enrollment of at-risk pupils in the district falls below the minimum threshold, the medium density at-risk pupil weighting of the district must be the greater of: (1) The medium density at-risk pupil weighting in the current school year; (2) the medium density at-risk pupil weighting in the prior school year; or (3) the average of the
medium density at-risk pupil weighting in the current school year and the preceding two school years. Provides that the medium density at-risk pupil weighting provisions expire on June 30, 2011.

Establishes the special education funding task force, and requires the first meeting of the task force to be held on or before August 1, 2008. Directs the special education funding task force to:
(1) Study and make recommendations for changes in the existing formula for funding of special education and related services including medicaid replacement state aid
(2) Conduct hearings and receive and consider suggestions from teachers, parents, the department of education, the state board of education, other governmental officers and agencies and the general public concerning funding for special education and related services
(3) Make and submit reports to the legislature on the work of the task force concerning recommendations of the task force. Provides that such reports must also include recommendations for legislative changes and must be submitted to the legislature before the start of each year's legislative session.
Provides that the task force shall cease to exist on June 30, 2011.

Establishes new section regarding medicaid replacement state aid. Directs the state board to designate a portion of the special education services state aid appropriation as medicaid replacement state aid. Provides that the amount so designated may not exceed $9,000,000 in any school year. Provides that each school district is entitled to medicaid replacement state aid. Provides a formula for calculating each district's medicaid replacement state aid.

Repeals and replaces K.S.A. 72-6445a regarding state financial aid for any district formed by consolidation
http://www.kslegislature.org/bills/2008/531.pdf
Title: S.B. 531
Source: www.kslegislature.org

WISigned into law 04/2008P-12Directs the department of public instruction to determine the average percentage of work time of school nurses, social workers, psychologists and counselors that is spent providing services to students with disabilities. The department must issue rules establishing that the percentage of time determined to be for special education services is the proportional amount that the state will reimburse.
http://www.legis.state.wi.us/2007/data/acts/07Act221.pdf
Title: A.B. 906
Source: http://www.legis.state.wi.us

SDSigned into law 02/2008P-12Revises provisions related to the calculation of state aid to special education; includes a cognitive disability; provides for nonresident students in the care and custody of a state agency.
Title: H.B. 1045
Source: Lexis-Nexis/StateNet

ILSigned into law 01/2008P-12Guarantees that school districts will receive at least as much special education funding in the 2007-08 school year and each year thereafter as they did in the 2006-07 school year. http://www.ilga.gov/legislation/95/HB/PDF/09500HB4148lv.pdf
Title: H.B. 4148
Source: Lexis-Nexis/StateNet

+ Special Education--Placement
+ Special Education--Transition
+ Special Populations--Corrections Education
+ Special Populations--Foster Care
+ Special Populations--Gifted and Talented
+ Special Populations--Homeless Education
+ Special Populations--Military
+ Standards
+ State Comparisons/Statistics
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+ Teaching Quality--Certification and Licensure--Natl. Bd. for Prof. Teach. Stds.
+ Teaching Quality--Certification and Licensure--Special Education
+ Teaching Quality--Certification and Licensure--State Prof. Standards Bds.
+ Teaching Quality--Certification and Licensure--Substitute Teachers
+ Teaching Quality--Compensation and Diversified Pay
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+ Teaching Quality--Induction Programs and Mentoring
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