ECSheading
From the ECS State Policy Database
Special Education--Placement


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
VAIssued 03/2014Postsec.Students with Disabilities Study
S.J.R. 10
Requests that each public institution of higher education in Virginia report to the State Council of Higher Education for Virginia (SCHEV) on the number and percentage of students with developmental and intellectual disabilities who were enrolled at each publi...

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SDSigned into law 02/2014P-12Residential Treatment Centers
H.B. 1032
Clarifies provisions regarding children placed in residential treatment centers or intensive residential treatment centers to specify that: tuition is the responsibility of the school district where the child was
enrolled at the time of placement; the provisio...

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IDSigned into law 03/2013P-12Out 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...

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CASigned into law 09/2012P-12Foster 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...

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LAAdopted 09/2012P-12Special 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...

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NYVetoed 07/2012P-12Cultural 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...

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TXSigned into law 06/2011P-12Reporting 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...

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HISigned into law 06/2011P-12Special 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...

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COSigned into law 05/2011P-12Special 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 ...

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TXAdopted 12/2010P-12Residential 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...

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OHAdopted 04/2010P-12Revocation 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...

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ILSigned into law 08/2009P-12Visiting 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 ...

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ORSigned into law 06/2009P-12Special 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...

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MOSigned into law 05/2009P-12Special 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...

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ORSigned into law 05/2009P-12Teacher 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...

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NYAdopted 10/2008P-12Special 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....

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ILSigned into law 08/2008P-12Residential 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...

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HISigned into law 06/2008P-12Due 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...

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OKSigned into law 05/2008P-12Three 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...

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GAAdopted 02/2008P-12Residential 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...

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NJSigned into law 01/2008P-12Burden 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...

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NYSigned into law 08/2007P-12Hearing 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 ...

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MNSigned into law 05/2007P-12Early 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)...

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ARSigned into law 04/2007P-12Special 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...

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ILSigned into law 02/2007P-12Special 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,...

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CTSigned into law 05/2006P-12Special 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...

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GAAdopted 04/2006P-12Early 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...

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ILSigned into law 07/2005P-12Special 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...

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FLVetoed 05/2005P-12Psychotropic 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...

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CASigned into law 09/2004P-12Special 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 ...

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CASigned into law 10/2003P-12Special 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...

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CASigned into law 09/2003P-12Special 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...

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MESigned into law 06/2003P-12Student 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...

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MDRule Adoption 05/2003P-12Provision 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 ...

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MTSigned into law 03/2003P-12Board 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...

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MSSigned into law 03/2003P-12Appeal 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...

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CAVetoed 09/2002P-12Special 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...

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CASigned into law 09/2002P-12Disabled 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...

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MDSigned into law 05/2002P-12Placement 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...

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MOSigned into law 05/2002P-12Provision 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 ...

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FLSigned into law 05/2001Postsec.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...

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CAVetoed 09/2000P-12Special 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...

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CAVetoed 09/2000P-12Special 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...

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CASigned into law 08/2000P-12Updating 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...

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CASigned into law 06/2000P-12Disability 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...

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MNSigned by governor 05/2000P-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...

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GASigned into law 03/2000P-12Special 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...

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SDSigned into law 03/2000P-12Special 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...

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UTSigned into law 03/2000P-12Special 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...

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