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 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 fo... 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 ... 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'... 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... 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 p... 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 emotio... 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 Indivi... 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 subseq... 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 qualifi... 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 re... 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 hearin... 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 prog... 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 w... 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... 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 ni... 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 ... 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 child... 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 issue... 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 m... 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... 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 t... 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 chil... 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 a... 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... 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 th... 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 psychot... 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 substanti... 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 plac... 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 f... 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... 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 b... 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... 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... 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 pla... 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 t... 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 ... 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 decis... 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 o... 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... 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 ... 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... 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 o... 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 fo... 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 w... 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 l... 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 provisio... More...