From the ECS State Policy Database Special Education--Federal Law/Regulations

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. Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date]. State Status/Date Level Summary NY Signed into law 06/2012 P-12 Extends certain provisions relating to the implementation of the federal individuals with disabilities education improvement act of 2004 to June 30, 2015 (previously to expire June 30, 2012). http://assembly.state.ny.us/leg/?default_fld=&bn=A09906&term=&Summary=Y&Text=Y Title: A.B. 9906 Source: assembly.state.ny.us OH Signed into law 06/2011 P-12 Directs the department of education to develop a document that compares a parent's and child's rights under Chapter 3323 of the Ohio code and the Individuals with Disabilities Act (20 U.S.C. 1400 et seq.) with the parent's and child's rights under the Jon Peterson special needs scholarship program, and to revise that document as necessary to reflect any pertinent changes in state or federal statutory law after the initial document is developed. Directs the department and each school district to ensure that this document is distributed in conjunction with the notice required under 20 U.S.C. 1415(d), and any provision of the Code of Federal Regulations implementing that requirement, in the manner and at all the times specified for such notice in federal law or regulation. Pages 401-402 of 1000: http://www.legislature.state.oh.us/BillText129/129_HB_153_EN_part2.pdf Title: H.B. 153 - Parental Rights and Special Education Source: www.legislature.state.oh.us HI Signed into law 06/2011 P-12 Authorizes the Department of Education (DOE) to monitor students with disabilities who are placed, at DOE's expense, at private schools or placements. Require private schools or placements to allow the department of education access to exercise its authority to monitor students. Requires private schools or placements to post rates, fees, and tuition by April of each year. Requires certain private schools or placements to charge the department of education the same rates, fees and tuition charged to parents who unilaterally place a student at the school Requires DOE to pay only for private school or placement services that are specified in a student's individualized education program and to withhold payment to private schools or placements that restrict or deny monitoring by DOE. Exempts certain schools. http://www.capitol.hawaii.gov/session2011/Bills/SB1284_CD1_.HTM Title: S.B. 1284 Source: www.capitol.hawaii.gov CT Signed into law 05/2010 P-12 Reconstitutes the State Advisory Council for Special Education by reducing the number of members to make it consistent with federal law; on and after July 1, 2012, requires a local or regional board of education that is responsible for providing special education and related services to a child to provide applied behavior analysis services to any such child with autism spectrum disorder if the individualized education plan or plan pursuant to federal law requires such services; establishes that the burden of proof lies with the party requesting a special education hearing; and requires the school district from which a child transfers to pay for such child's special education costs for the remainder of the school year. http://www.cga.ct.gov/2010/ACT/PA/2010PA-00175-R00HB-05425-PA.htm Title: H.B. 5425 Source: http://www.cga.ct.gov MD Signed into law 05/2010 P-12 Requires appropriate school personnel to provide copies of specified documents relating to the development of an individualized education program for a child with a disability to the parents of the child within 5 business days after a meeting between the child's parents and school personnel; provides that in the event of an extenuating circumstance, appropriate school personnel must document the extenuating circumstance and communicate that information to the parents of the child. http://mlis.state.md.us/2010rs/chapters_noln/Ch_665_sb0540E.pdf Title: S.B. 540 Source: http://mlis.state.md.us NY Adopted 08/2008 P-12 Conforms certain rules to the Individuals with Disabilities Education Act, ensures that chairpersons of committees on special education are appropriately qualified, and establishes procedures for when a district receives a request for referral of a student for an initial evaluation for special education. Adopted as published in February 20 register, pp 3-6 of 35: http://www.dos.state.ny.us/info/register/2008/feb20/pdfs/rules.pdf Title: Title 8 NYCRR Sections 177.1, 200.1, 200.3-200.7, 200.16, 201.11 Source: Lexis-Nexis/StateNet LA Signed into law 06/2008 P-12 Provides 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 HI Signed into law 06/2008 P-12 Extends 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: CA Signed into law 10/2007 P-12 Relates to existing law which establishes the right of individuals with exceptional needs to receive free public education and ensures the right to special instruction and related services needed to meet their unique needs. Makes various revisions conforming state law to federal requirements relating to pupil identification, assessment, and eligibility, individualized education program development, procedural safeguards, and pupil information confidentiality. Chapter 454 http://info.sen.ca.gov/pub/07-08/bill/asm/ab_1651-1700/ab_1663_bill_20071010_chaptered.pdf Title: A.B. 1663 Source: http://info.sen.ca.gov NY Signed into law 07/2007 P-12 The following provisions are effective until June 30, 2009: Relates to implementation of the federal Individuals with Disabilities Education Improvement Act of 2004; revises provisions of existing law relating to the providing of special education and individualized education plans to pupils with disabilities by school districts and charter schools. Provides that where a charter school arranges for the district of residence to provide special education programs or services, such school district must provide services in the same manner as it serves students with disabilities in other public schools in the school district, including the provision of supplementary and related serices on site to the same extent to which it has a policy or practice of providing such services on site at other public schools. Specifies that amounts payable to a charter schol must be based on the projections of initial-year enrollment set forth in the charter only until actual enrollment data is reported by the charter school to the district. Provides that payment of the federal aid attributable to a student with a disability attending a charter school must be made in accordance with federal law. Defines "school district of location" as the district in which the nonpublic elementary or secondary school attended by the student is located. Provides that a request for special education services on behalf of a student in a nonpublic school must be reviewed by the committee on special education of the school district of location, which must develop an individualized education service program for the student based on the student's individual needs in the same manner and with the same contents as an individualized education program. Provides the committee on special education must assure that special education programs and services are made available to students with disabilities attending nonpublic schools located within the school district on an equitable basis, as compared to special education programs/services provided other students with disabilities attending public or nonpublic schools located in the school district. Provides that the committee on special education of the school district of location is responsible for evaluation and possible identification as a student with a disability of all students attending nonpublic schools located within the school district, including students who are not New York residents. Directs the school district of location to expend a proportionate amount of its federal funds under part B of the Individuals with Disabilities Education Act for the provision of services to students with disabilities attending nonpublic schools, including students who are not New York residents. Requires districts to obtain parental consent prior to the release of personally identifiable information on a student attending a nonpublic school from records collected pursuant to part B of the Individuals with Disabilities Education Act between such student's school district of residence and school district of location. Requires the school district of location to provide special education programs and services to students with disabilities attending nonpublic schools in the district who are not New York residents to the extent required under federal law and regulations, and such students shall not have an individual right to receive special education programs and services. Requires the committee on special education to developed services plans for such students in accordance with federal law and regulations. Provides that in the case of students with disabilities who are New York residents, a school district of location providing services to non-resident students is entitled to recover costs of services, costs of evaluation and costs of committee on special education administration directly from the student's district of residence if the parent's consent is obtained to release personally identifiable information concerning their child. Provides that if such consent is not obtained, the school district of location must submit to the commissioner a claim for costs of services, evaluation costs, and committee on special education administrative costs that includes the address of the student's permanent residence, including the school district of residence. Directs the state comptroller, upon certification by the commissioner of the amount of such claim, to deduct such amount from any state funds that become due the school district of residence. Provides the amount charged by the school district of location for services, evaluation, eligible due process costs and committee on special education administrative costs cannot exceed the actual cost to the school district of location, after deducting any costs paid with federal or state funds. Directs the commissioner to adopt regulations prescribing a dispute resolution mechanism to be available to a school district of residence where such district disagrees with the amount of tuition or costs charged by the school district of location. Establishes provisions in the event, prior to the effective date of this legislation (1) an individualized education program for the 2007-2008 school year is developed by the committee on special education of the student's school district of residence or (2) a student suspected of having a disability has been referred to the committee on special education of the student's school district of resudence. Provides due process complaints relating to compliance of the school district of location with child find requirements, including evaluation requirements, may be brought by the student's parent pursuant to legislation. http://assembly.state.ny.us/leg/?bn=S06361&sh=t Title: S.B. 6361 Source: assembly.state.ny.us LA Adopted 10/2006 P-12 Reverts back to having the state board rather than the state superintendent withhold federal funds under the Individuals with Disabilities Education Act (IDEA) when continuing noncompliance with IDEA is noted in a local school district. Pages 58-59 of 133: http://www.doa.louisiana.gov/osr/reg/0610/0610RUL.pdf Title: LAC 28:XCI.107, 109, and 309 (Bulletin 1922_ Source: www.doa.louisiana.gov NY Signed into law 07/2006 P-12 Enacts temporary transitional legislation to implement the federal individuals with disabilities education improvement act of 2004. Title: S.B. 8355 Source: Lexis-Nexis/StateNet MO Rule Adoption 08/2005 P-12 Establishes the Department of Elementary and Secondary Education is eligible to apply for and receive federal funds under the Individuals with Disabilities Education Act Part B for the provision of special education and related services to eligible children and youth. MISSOURI REG 15900 (SN) Title: 5 CSR 70-742.140 Source: StateNet NY (H) AMENDED ON THIRD READING 06/2005 P-12 Relates to the use of certain federal funds for preschool grants for children with disabilities. http://assembly.state.ny.us/leg/?bn=A02168&sh=t Title: H.B. 2168 Source: StateNet HI Signed into law 06/2005 P-12 Clarifies definitions of "new century charter schools" and "public schools". Requires charter school plans to include a plan for identifying, recruiting, and retaining highly-qualified instructional faculty. Requires a charter school's governance structure to incorporate a conflict of interest policy and a plan for periodic board training. Requires a charter school's plans to include a financial plan based on the most recent fiscal year's per-pupil charter school allocation that demonstrates the ability to meet the financial obligations of one-time start-up costs and ongoing costs such as monthly payrolls, faculty recruitment, professional development, and facilities costs. Amends new century charter school review panel membership to decrease board of education members and add two new members. Allows board of education to deny charter to school recommended by panel and establishes requirements if the board does not approve the charter. Allows charter school employees full participation in the state systems for retirement, workers' compensation, unemployment insurance, temporary disability insurance, and health benefits. Requires the department to provide its position listings to the charter school administrative office and any interested local school board of any new century charter school, and to facilitate and encourage the movement of instructional personnel between the department and new century charter schools, including limiting probationary status to one year, within specified parameters. Allows the new century charter schools to propose to the board of education an alternative weighted student formula. Repeals existing language on evaluating charter schools. Enacts new language requiring the board to adopt guidelines for multi-year evaluations of charter schools that have been chartered for four or more years, or for special evaluations at any time. Provides parameters and procedures for the board to place a charter school on probation and revoke a charter. Expands definition of "organizational viability" for a charter school. Adds that if, at any time, the board of directors of the nonprofit organization governing a new century conversion charter school votes to discontinue its relationship with the charter school, the charter school may submit an application to the board to continue as a conversion school without the participation of the nonprofit organization. Creates the Task Force on Charter School Governance to identify and recommend to the legislature revisions to the existing charter school law and to help create an effective framework for overseeing and supporting new and existing charter schools. Sets forth the areas on which the task force must make recommendations and establishes membership. Requires the charter school administrative office to submit a report to the legislature on the task force's progress, findings, and recommendations no later than twenty days prior to the convening of the regular session of 2006. Ensures more equitable and stable funding for the basic operations of new century charter schools, including: (1) establishing and providing funding for a per pupil allocation funding mechanism; (2) requiring that funds be requested for fringe benefit costs and collective bargaining increases for charter school employee members of collective bargaining units; (3) allowing additional appropriations for workers' compensation benefits; and (4) providing charter schools with access to all federal education funds received by the state. Ensures charter schools' compliance with federal regulations under the Individuals with Disabilities Education Act. Clarifies administrative hearing procedures relating to the education of handicapped children. Appropriates funds for these various purposes. (CD1) http://www.capitol.hawaii.gov/sessioncurrent/bills/sb1643_cd1_.htm Title: S.B. 1643 Source: www.capitol.hawaii.gov CA Signed into law 07/2004 P-12 Makes various revisions generally conforming State law with federal requirements relating to pupil identification, assessment and eligibility, individual education program development, including notice, representation and hearing procedures and requirements, multidistrict special education local plan area monitoring, review and correction procedures, and pupil data confidentiality. http://www.leginfo.ca.gov/pub/bill/asm/ab_0151-0200/ab_152_bill_20040716_chaptered.html Title: A.B. 152 Source: California Legislative Web site KY Signed into law 04/2004 P-12 Requires that a request for an administrative hearing alleging a violation of the federal Individuals with Disabilities Education Act be commenced within three years after the cause of action accrued. This three-year limit does not apply if the eligible parent or student was prevented from requesting the hearing due to (a) failure of the district to provide prior written or procedural safeguards; (b) false representations that the district was attempting to resolve the problem forming the basis of the complaint; or (c) the district's withholding of information relevant to the hearing issues from the parent. http://www.lrc.state.ky.us/RECORD/04RS/SB115/bill.doc Title: S.B. 115 Source: www.lrc.state.ky.us AR Rule Adoption 11/2003 P-12 Establishes rules for identifying private school children with disabilities that are consistent with federal regulations. http://www.sosweb.state.ar.us/elections/elections_pdfs/register/nov-03/005.19.03-006.pdf Title: ADE 154 Source: Arkansas State Web site AR Rule Adoption 11/2003 P-12 Establishes rules regarding IDEA mediation and hearings; extends time period for filing grievance; complies with findings and decision of Birmingham v. Omaha School District, U.S. Court of Appeals, Eighth Circuit. http://www.sosweb.state.ar.us/elections/elections_pdfs/register/nov-03/005.19.03-007.pdf Title: ADE 155 Source: Arkansas State Web site MT Signed into law 04/2003 P-12 Eliminates certain special education definitions to conform to the federal Individuals with Disabilities Education Act. http://data.opi.state.mt.us/bills/2003/billhtml/SB0076.htm Title: S.B. 76 Source: StateNet CA Signed into law 09/2000 P-12 Relates to Special Education. Requires, subject to an appropriation for those purposes in the annual Budget Act or any other measures, the State Department of Education to select and allocate funds to 3 special education local plans areas to implement a 3 year pilot project for alternative due process hearing procedures. Title: A.B. 2321 Source: Lexis-Nexis/StateNet CA Signed into law 08/2000 P-12 Authorizes the Superintendent of Public Instruction to withhold, in whole or in part, state funds or federal funds allocated under the Individuals with Disabilities Education Act from a district, special education local plan area or county office after reasonable notice and opportunity for a hearing if the superintendent makes certain findings regarding noncompliance with state and federal law on special education. Title: S.B. 1843 Source: Lexis-Nexis/StateNet