ECSheading
From the ECS State Policy Database
Special Education--Inclusion (Mainstreaming)


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

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
HIVetoed 07/2007P-12Directs the department to encourage inclusionary prekindergarten and kindergarten classes of both special education eligible and general education students, including consideration of the following options:
(1) Special education eligible preschool children may receive services in private preschool programs if required by their individual education program;
(2) Facilities for providing early education offer a variety of possibilities via partnerships between public and private offers;
(3) Special education staff may provide services at any site as provided in the individualized education plans process; and
(4) Departmental special education preschool staff may provide services to general education preschool students in their special education preschool classrooms.

Requires the department's kindergarten report card to assess an individual junior kindergarten or kindergarten student's readiness for first grade based on a range of characteristics.

Authorizes the department to give preference to teachers holding early childhood education credentials in placement in junior kindergarten and kindergarten programs.

Directs the department, prior to the 2008 legislative session, to
(1) Complete the planning and development of the appropriate curriculum for the junior kindergarten program; and

(2) Submit its findings and recommendations to the legislature on the planned junior kindergarten curricula, successful models, and assessments to be used in the placement and movement of students between junior kindergarten, kindergarten, and first grade, as well as facilities to be used for junior kindergarten.

Establishes in statute the pre-plus program, which was created as a private-public initiative in 2002. Directs the department of education and the department of human services to develop suitable pre-plus classrooms on department campuses statewide for early childhood education programs serving children ages 3-5. Directs the department to coordinate site selection for public school sites, giving first priority to sites that serve predominantly students who are low-income or with special needs who require full-inclusion opportunities, or schools in restructuring under the federal No Child Left Behind Act.

Directs the department to submit an annual report to the legislature on the number of classrooms that would be suitable for early childhood education programs and the cost of renovating these classrooms to meet early childhood education standards. Bill: http://www.capitol.hawaii.gov/sessioncurrent/Bills/SB613_CD1_.htm
Governor's veto message: http://www.capitol.hawaii.gov/sessioncurrent/bills/GM1037_.PDF
Title: S.B. 613
Source: www.capitol.hawaii.gov

FLSigned into law 05/2006P-12Requires local boards to modify basic courses, as necessary, to to assure exceptional students the opportunity to meet the graduation requirements for a standard diploma, using one of the following strategies:
1. Assignment of the exceptional student to an exceptional education class for instruction in a basic course with the same student performance standards as those required of nonexceptional students in the district student progression plan; or
2. Assignment of the exceptional student to a basic education class for instruction modified to accommodate the student's exceptionality.

Requires local boards to determine which strategies to use based on an assessment of the student's needs and requires this decision to be reflected in the student's individual education plan.

Directs the state board to adopt rules on test accommodations and modifications of procedures for students with disabilities that demonstrate the student's abilities rather than reflect the student's impaired sensory, manual, speaking, or psychological process skills.

Requires a student with disabilities who meets all state and local course, grade point average and testing requirements to be awarded a standard diploma. Provides that a student who completes the course requirements but is unable to meet the testing requirements, additional local requirements or minimum grade point average to be awarded a certificate of completion. Allows a student entitled to a certificate of completion to remain in school as a full- or part-time student for up to 1 additional year and receive special instruction designed to remedy his/her identified deficiencies.

Requires each district to provide instruction to prepare students with disabilities to demonstrate proficiency in the skills and competencies necessary for successful grade-to-grade progression and high school graduation. Allows a student with a disability whose IEP team determines the FCAT cannot accurately measure the student's abilities to have the FCAT diploma requirement waived to receive a standard diploma, provided the student completes the course requirements and does not earn a passing score on the FCAT after one opportunity each in grades 10 and 11.
http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h7087er.doc&DocumentType=Bill&BillNumber=7087&Session=2006
Title: H.B. 7087 - Section 23 (3) - (8)
Source: www.myfloridahouse.gov

CASigned into law 09/2004P-12Require the Superintendent of Public Instruction to conduct an investigation onsite at any time without prior notice when there is substantial reason to believe that there is an immediate danger to the health, safety, or welfare of a child, and to monitor the facilities, the educational
environment, and the quality of the educational program of an existing certified nonpublic, nonsectarian school or agency on a 3-year cycle. Also requires the Superintendent of Public Instruction, with respect to a nonpublic, nonsectarian school, to conduct an investigation, which is to include an unannounced onsite visit, if the Superintendent of Public Instruction receives evidence of a significant deficiency in the quality of educational services provided by the school or noncompliance with other specified requirements. Places additional requirements on a nonpublic, nonsectarian school regarding financial recordkeeping, submitting an annual budget and an annual audit, and documenting services and programs. Increases the base fees charged a nonpublic, nonsectarian school or agency when it applies for certification and when it updates its
application for annual review by the Superintendent of Public Instruction.

Provides that any educational funds received from a local educational agency for the educational costs of individuals with exceptional needs it has placed in nonpublic, nonsectarian schools are to be used solely for those purposes and not for the costs of a residential program.

Requires the State Department of Education to implement a program to integrate individuals with exceptional needs placed in nonpublic, nonsectarian schools into public schools.

Prohibits a licensed residential school for children with exceptional needs from requiring as a condition of residential placement that it provide the appropriate educational programs to those individuals through a nonpublic, nonsectarian school or agency owned, operated by, or associated with, a licensed children's institution. Provides that those services may only be provided if the special education local plan area determines that appropriate public alternative education programs are not available. http://www.leginfo.ca.gov/pub/bill/asm/ab_1851-1900/ab_1858_bill_20040930_chaptered.pdf
Signing message: http://www.governor.ca.gov/govsite/pdf/press_release/AB_1858_sign.pdf
Title: A.B. 1858 (multiple provisions)
Source: www.leginfo.ca.gov

MOSigned into law 06/2003P-12Provides that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment shall occur only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. Also changes provisions relating to special education appeals hearings procedures. http://www.house.state.mo.us/bills03/biltxt/truly/HB0655T.HTM
Title: H.B. 655
Source: StateNet

AZSigned into law 05/2001P-12Establishes a pilot program for the integrated of special education services.
Title: H.B. 2380
Source: Lexis-Nexis/StateNet

CASigned into law 08/2000P-12Requires the State Department of Education to review and make recommendations to the state board regarding any needed updates to regulations concerning the assistance of individuals with exceptional needs by qualified health and school personnel on or before June 15, 2001.
Title: S.B. 1549
Source: Lexis-Nexis/StateNet

MSSigned into law 04/2000P-12Direct the State Department of Education to provide an annual recognition program for schools for providing full inclusion of children with disabilities in all aspects of academic and extracurricular activities.
Title: S.B. 2745
Source: Lexis-Nexis/StateNet

UTSigned into law 03/2000P-12Relates to public schools; modifies special education definitions and rules to be adopted by the State Board of Education; modifies provisions regarding participation of students with a disability in extracurricular activities; modifies the process by which disputes are resolved over educational programs and rights and responsibilities of students with disabilities, their parents and public schools; provides a repealer.
Title: H.B. 146
Source: Lexis-Nexis/StateNet