From the ECS State Policy Database Special Education--Placement

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 ID Signed into law 03/2013 P-12 Out of State Special Ed Youth Receiving In State Education S.B. 1097 Allows for the education of school age special education students from outside the state of Idaho who, due to the nature and severity of their disabilities, are residing in licensed public or private residential facilities within the state of Idaho. Local sch... More... CA Signed into law 09/2012 P-12 Foster Children, Including with Special Needs S.B. 121 From bill summary: Requires that, if a foster child's parent or guardian, or other person holding the right to make educational decisions for the pupil, makes the determination that it is in the best interests of the pupil to be placed in an educational progra... More... LA Adopted 09/2012 P-12 Special Education Due Process Hearings LAC 28:XLIII.508, 511, 512, 513, 514, 516, 518, 532, 904, and 905 From Louisiana Register: Rule developed in response to Act 683 of the 2010 legislative session. The Act requires the state board to approve rules regarding the administration of special education due process hearings required under the Louisiana Education of S... More... NY Vetoed 07/2012 P-12 Cultural Considerations in Special Education Placement, Tuition Reimbursement S.B. 7722 Requires that the determination of appropriate educational programs and placements for a student with a disability include, upon the parent's request, a determination of the child's ability to learn in any given educational environment. Requires that such dete... More... TX Signed into law 06/2011 P-12 Reporting on Self-Contained vs. Mainstream Placement Ratios H.B. 1130 Repeals provision directing the Texas Education Agency to annually disseminate to each district a list of districts that for two consecutive years maintain a ratio of full-time equivalent students placed in partially or totally self-contained classrooms to the... More... HI Signed into law 06/2011 P-12 Special Education Students in Private Schools or Placements S.B. 1284 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 t... More... CO Signed into law 05/2011 P-12 Special Education Definitions, Placement and Funding H.B. 1277 Revises special education statutes. Expands definition of children with disabilities to include conditions such as autism and serious emotional disability, and ages birth through two years. Clarifies that "educational placement" means providing services along ... More... TX Adopted 12/2010 P-12 Residential Facility Monitoring; Determinations, Investigations, and Sanctions 19 TAC 97.1072 Creates new s.97.1072, concerning residential facility monitoring. Implements the requirements of the Texas Education Code (TEC), the Individuals with Disabilities Education Improvement Act (IDEA 2004) Amendments of 2004, and 34 Code of Federal Regulations (CF... More... OH Adopted 04/2010 P-12 Revocation of Parental Consent OAC 3301-51-05 Amends rules to reflect recent changes in federal regulations regarding revocation of parental consent. Provides that if, at any time subsequent to the initial provision of special education and related services, a parent revokes consent in writing for the con... More... IL Signed into law 08/2009 P-12 Visiting a Student with Disabilities at School H.B. 628 Amends the Children with Disabilities Article of the School Code. Provides that a parent, an independent educational evaluator, or a qualified professional retained by or on behalf of a parent or child must be afforded reasonable access of sufficient duration ... More... OR Signed into law 06/2009 P-12 Special Education S.B. 72 Reduces responsibilities of education service districts for purpose of special education; allows a parent of a child with a disability to revoke, in writing, consent that allows a school district to evaluate or reevaluate the child or provide special education... More... MO Signed into law 05/2009 P-12 Special Education Classification H.B. 289 Revises laws relating to special education due process hearings; provides for a five-day notice for all special education due process hearings; provides that the responsible public agency must sign a written settlement agreement and a designee must be identifi... More... OR Signed into law 05/2009 P-12 Teacher Licensure for Special Education S.B. 122 Limits teaching licenses that are valid for teaching alternative education programs; clarifies language regarding alternative education programs; declares emergency, effective July 1, 2009. Chapter 252 http://www.leg.state.or.us/09reg/measpdf/sb0100.dir/sb0122... More... NY Adopted 10/2008 P-12 Special Education Programs and Services Title 8 NYCRR Section 177.2 Adds 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.... More... IL Signed into law 08/2008 P-12 Residential Programs S.B. 2042 Amends 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 pr... More... HI Signed into law 06/2008 P-12 Due Process Hearings S.B. 2004 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 tha... More... OK Signed into law 05/2008 P-12 Three Year Placements H.B. 2518 Relates to transfers for children with disabilities; provides that beginning with the 2008-2009 school year, a transfer granted for a child with a disability to another school district must automatically be renewed for three consecutive years; requires the di... More... GA Adopted 02/2008 P-12 Residential Facility Grants GAC 160-5-2-.06 Clarifies rules regarding the providing of grants to local units of administration and facilities serving eligible children, which are children who are in custody of the Department of Juvenile Justice or the Department of Human Resources. http://www.doe.k12.ga... More... NJ Signed into law 01/2008 P-12 Burden of Proof A.B. 4076 Places the burden of proof and burden of production on school districts in due process hearings conducted to resolve special education issues; codifies the practice. http://www.njleg.state.nj.us... More... NY Signed into law 08/2007 P-12 Hearing on Appropriateness of Placement A.B. 5396 From bill analysis: Provides that, in an impartial hearing concerning services provided to students with disabilities, the burden of proof must be on the district or state agency and not on the student's parent, except that a parent seeking unilateral tuition ... More... MN Signed into law 05/2007 P-12 Early Intervening Services Program H.F. 2245 [Early Intervening Services Program] Establishes means by which districts may fulfill requirements for alternative instruction for students prior to special education evaluation. http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H2245.2.html&session=ls85 (Section 31)... More... AR Signed into law 04/2007 P-12 Special education placement S.B. 274 (Special Education) Sections 34 and 39 amend provisions of the Children with Disabilities Act to update law concerning the state's responsibility for ensuring that programs and funding for children with disabilities who are referred to or place in private schools and facilities b... More... IL Signed into law 02/2007 P-12 Special Education Procedures S.B. 2796 Amends the Children with Disabilities Article of the School Code. Makes changes concerning identification, evaluation, and placement of children, the impartial due process hearing procedure, the expedited hearing procedure, the selection, training, evaluation,... More... CT Signed into law 05/2006 P-12 Special Education Due Process and Evaluation S.B. 380 Concerns special education; makes the state statutes concerning the provision of special education, special education due process hearings and evaluations, the State Special Education Advisory Council, and surrogates in schools comply with the federal Individu... More... GA Adopted 04/2006 P-12 Early Intervention Program GAC 160-4-2-.17; -7-.18; -5-3-.10 Clarifies rules regarding the Early Intervention Program for students in grades K-5 http://public.doe.k12.ga.us/_documents/doe/legalservices/160-4-2-.17.pdf, hearing processes http://public.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.18.pdf and student... More... IL Signed into law 07/2005 P-12 Special Education Services S.B. 87 In a provision concerning the notification of a child's possible eligibility to receive services from the Illinois School for the Deaf or the Illinois School for the Visually Impaired, requires the school district to further notify parents and guardians of eli... More... FL Vetoed 05/2005 P-12 Psychotropic Medication H.B. 209 Defines term "psychotropic medication." Prohibits a recipient of state funds from requiring student to be prescribed or administered psychotropic medication as condition of receipt of educational services. Requires that, before a student is evaluated for the p... More... CA Signed into law 09/2004 P-12 Special Education in Private Schools A.B. 1858 (multiple provisions) Require 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 ... More... CA Signed into law 10/2003 P-12 Special Education A.B. 1337 Relates to special education. Prohibits a hearing officer from rendering a decision resulting in the placement or reimbursement for the placement of an individual with exceptional needs in a nonpublic, nonsectarian school or a service or reimbursement for a se... More... CA Signed into law 09/2003 P-12 Special Education: Skilled Nursing Facilities A.B. 1649 Extends the requirement that the superintendent of public instruction appropriate moneys to a school district and county superintendent to fund costs associated with placing a pupil in a nonpublic, nonsectarian school or agency for the purpose of providing spe... More... ME Signed into law 06/2003 P-12 Student with Emotional Disability Eligible for Special Education Services S.P. 538 (LD 1577) (omnibus bill) Includes "emotional disability" as disability rendering a student an exceptional student eligible for special education services. http://www.mainelegislature.org/legis/bills/billtexts/LD157701-1.asp... More... MD Rule Adoption 05/2003 P-12 Provision of a Free Appropriate Public Education COMAR 13A.05.01.13 thru .16; 13A.05.02.04, .05, .13; 13A.08.04.01 thru .06 Ensures State Regulations are in conformance with the Individuals with Disabilities Education Act (IDEA). Implements standards for student behavior intervention practices requiring local school systems and certain other institutions that receive certain State ... More... MT Signed into law 03/2003 P-12 Board to Pay If Student with IEP Enrolls at Private, Nonsectarian Day-Treatment Program H.B. 135 Authorizes a school district to use its tuition fund to pay the costs for a resident student who enrolls in a day-treatment program under an approved individualized education program at a private, nonsectarian school located in or outside of the student's resi... More... MS Signed into law 03/2003 P-12 Appeal of Hearing Officer's Decision H.B. 662 Relates to special education students. When any public agency directly responsible for the education of children with disabilities initiates or refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision... More... CA Vetoed 09/2002 P-12 Special Education Disputes A.B. 164 Requires the Department of Education to establish and administer a statewide program of grant funding to support special education local plan areas in conducting alternative dispute resolution programs for resolving special education disputes. Requires grant r... More... CA Signed into law 09/2002 P-12 Disabled Student Out-of-State Placement S.B. 2012 Requires certain interagency agreements to meet the requirement of federal law to ensure a free and appropriate public education. Requires that any public agency that places a disabled child or a child suspected of being disabled in a facility out of State wit... More... MD Signed into law 05/2002 P-12 Placement in Nonpublic Setting and Provision of Wraparound Services H.B. 1221 Defines "wraparound services." States that child in need of special education may be placed in appropriate nonpublic educational setting if state or local agency can document that child cannot attend a public school in the local system due to home circumstance... More... MO Signed into law 05/2002 P-12 Provision of Special Education Services H.B. 2023 Specifies that appeal of special education identification, evaluation, placement or provision case where review of the hearing panel's decision is sought by the district or parent must be heard without a jury and that the inquiry may extend to a determination ... More... FL Signed into law 05/2001 Postsec. John M. McKay Scholarships for Students with Disabilities Program S.B. 1180 2001-82., Creates the John M. McKay Scholarships for Students with Disabilities Program; provides for eligibility; establishes obligations of school districts and the Department of Education; establishes criteria for private school eligibility; establishes obl... More... CA Vetoed 09/2000 P-12 Special Education Placement Rules A.B. 2392 Permits a referral for assessments to identify an individual with exceptional needs, to be made by a guardian, foster parent, pupil advocate, or designated adult representative of an individual, a person acting in the place of a parent, or a person legally res... More... CA Vetoed 09/2000 P-12 Special Education Enrollment A.B. 2375 Authorizes a county, upon the adoption of a resolution by its board of supervisors and upon approval of the presiding judge of the superior court, to require court appointed special advocates, probation officers, and social workers, as applicable, to take spec... More... CA Signed into law 08/2000 P-12 Updating Regulations for Special Education Students S.B. 1549 Requires 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 J... More... CA Signed into law 06/2000 P-12 Disability Reporting A.B. 776 Requires appointment of qualified medical evaluators for the evaluation of medical-legal issues. Clarifies who is a physician for purposes of appointment or reappointment as an evaluator. Revises the qualifications for the appointment and reappointment of medi... More... MN Signed by governor 05/2000 P-12 H.B. 3800 Creates an exception to a provision in MS 125A.15 which generally makes the nonresident district in which the child is placed responsible for providing an appropriate education and necessary transportation to a disabled child who is temporarily placed in a res... More... GA Signed into law 03/2000 P-12 Special Education, Alternative Education H.B. 114 Relates to elementary and secondary education; changes certain provisions regarding special instructional assistance programs for students with developmental deficiencies; provides for the application of mandatory education requirements to children between age... More... SD Signed into law 03/2000 P-12 Special Education H.B. 1058 The legislation deals with the transfer of a special education student from a resident district to a nonresident district. Under previous law the resident district was held responsible for the students education, under the new law the nonresident district bec... More... UT Signed into law 03/2000 P-12 Special Education H.B. 146 Relates 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 di... More...