 |
State |
Status/Date |
Level |
Summary |
|
 | 21st Century Skills |
| |
| Accountability |
| |
| Accountability--Accreditation |
| |
| Accountability--Measures/Indicators |
| |
| Accountability--Reporting Results |
| |
| Accountability--Rewards |
| |
| Accountability--Sanctions/Interventions |
| |
| Accountability--Sanctions/Interventions--Learnfare |
| |
| Accountability--Sanctions/Interventions--No Pass No Drive |
| |
| Accountability--Sanctions/Interventions--No Pass No Play |
| |
| Accountability--Sanctions/Interventions--Takeovers |
| |
| Accountability--School Improvement |
| |
| Adult Basic Education |
| |
| Assessment |
| |
| Assessment--Accommodations |
| |
| Assessment--College Entrance Exams |
| |
| Assessment--Computer Based |
| |
| Assessment--End-of-Course |
| |
| Assessment--Formative/Interim |
| |
| Assessment--High Stakes/Competency |
| |
| Assessment--Legal Issues |
| |
| Assessment--NAEP (NAEP Results and NAEP Organization) |
| |
| Assessment--Performance Based/Portfolio |
| |
| Assessment--Value Added |
| |
| At-Risk (incl. Dropout Prevention) |
| |
| At-Risk (incl. Dropout Prevention)--Alternative Education |
| |
| At-Risk (incl. Dropout Prevention)--Drugs/Alcohol |
| |
| Attendance |
| |
| Attendance--Compulsory |
| |
| Attendance--Statutory Ages (Upper and Lower) |
| |
| Attendance--Truancy |
| |
| Background Checks |
| |
| Bilingual/ESL |
| |
| Brain Research |
| |
| Business Involvement |
| |
| Career/Technical Education |
| |
| Career/Technical Education--Career Academies/Apprenticeship |
| |
| Cheating |
| |
| Choice of Schools |
| |
| Choice of Schools--Charter Schools |
| |
| Choice of Schools--Charter Schools--Charter Districts |
| |
| Choice of Schools--Charter Schools--Closings |
| |
| Choice of Schools--Charter Schools--Cyber Charters |
| |
| Choice of Schools--Charter Schools--Finance |
| |
| Choice of Schools--Charter Schools--Research |
| |
| Choice of Schools--Choice/Open Enrollment |
| |
| Choice of Schools--Choice/Open Enrollment--Research |
| |
| Choice of Schools--Innovation Schools |
| |
| Choice of Schools--Magnet or Specialized Schools |
| |
| Choice of Schools--Tax Credits |
| |
| Choice of Schools--Vouchers |
| |
| Choice of Schools--Vouchers--Privately Funded |
| |
| Civic Education |
| |
| Civic Education--Character Education |
| |
| Civic Education--Civic Knowledge and Literacy |
| |
| Civic Education--Curriculum/Standards |
| |
| Civic Education--Pledge of Allegiance |
| |
| Class Size |
| |
| Curriculum |
| |
| Curriculum--Alignment |
| |
| Curriculum--Arts Education |
| |
| Curriculum--Censorship |
| |
| Curriculum--Core Curriculum |
| |
| Curriculum--Drivers Education |
| |
| Curriculum--Environmental Education |
| |
| Curriculum--Excusal |
| |
| Curriculum--Family Living Education |
| |
| Curriculum--Financial Literacy/Economics Ed. |
| |
| Curriculum--Foreign Language/Sign Language |
| |
| Curriculum--Geography Education |
| |
| Curriculum--Health/Nutrition Education |
| |
| Curriculum--Home Economics |
| |
| Curriculum--International Education |
| |
| Curriculum--Language Arts |
| |
| Curriculum--Language Arts--Writing/Spelling |
| |
| Curriculum--Mathematics |
| |
| Curriculum--Multicultural |
| |
| Curriculum--Physical Education |
| |
| Curriculum--Science |
| |
| Curriculum--Sex Education |
| |
| Curriculum--Social Studies/History |
| |
| Curriculum--Speech Education |
| |
| Data-Driven Improvement |
| |
| Demographics |
| |
| Demographics--Condition of Children/Adults |
| |
| Demographics--Enrollments |
| |
| Desegregation |
| |
| Economic/Workforce Development |
| |
| Education Research |
| |
| Equity |
| |
| Federal |
| |
| Finance |
| |
| Finance--Adequacy/Core Cost |
| |
| Finance--Aid to Private Schools |
| |
| Finance--Bonds |
| |
| Finance--District |
| |
| Finance--Does Money Matter? |
| |
| Finance--Equity |
| |
| Finance--Facilities |
| |
| Finance--Federal |
| |
| Finance--Funding Formulas |
| |
| Finance--Litigation |
| |
| Finance--Local Foundations/Funds |
| |
| Finance--Lotteries |
| |
| Finance--Performance Funding |
| |
| Finance--Private Giving |
| |
| Finance--Resource Efficiency |
| |
| Finance--State Budgets/Expenditures |
| |
| Finance--Student Fees |
| |
| Finance--Taxes/Revenues |
| |
| Finance--Taxes/Revenues--Alternative Revenues |
| |
| Governance |
| |
| Governance--Deregulation/Waivers/Home Rule |
| |
| Governance--Ethics/Conflict of Interest |
| |
| Governance--Mandates |
| |
| Governance--Regional Entities |
| |
| Governance--School Boards |
| |
| Governance--School Boards--Training |
| |
| Governance--Site-Based Management |
| |
| Governance--State Boards/Chiefs/Agencies |
| |
| Health |
| |
| Health--Child Abuse |
| |
| Health--Mental Health |
| |
| Health--Nutrition |
| |
| Health--School Based Clinics or School Nurses |
| |
| Health--Suicide Prevention |
| |
| Health--Teen Pregnancy |
| |
| High School |
| |
| High School--Advanced Placement |
| |
| High School--College Readiness |
| |
| High School--Credit Recovery |
| |
| High School--Dropout Rates/Graduation Rates |
| |
| High School--Dual/Concurrent Enrollment |
| |
| High School--Early Colleges/Middle Colleges |
| |
| High School--Exit Exams |
| |
| High School--GED (General Education Development) |
| |
| High School--Graduation Requirements |
| |
| High School--International Baccalaureate |
| |
| Instructional Approaches |
| |
| Instructional Approaches--Constructivism |
| |
| Instructional Approaches--Grading Practices |
| |
| Instructional Approaches--Homeschooling |
| |
| Instructional Approaches--Homework/Study Skills |
| |
| Instructional Approaches--Official English |
| |
| Instructional Approaches--Problem Based Learning |
| |
| Instructional Approaches--Single-Sex Education |
| |
| Instructional Approaches--Time/Time on Task |
| |
| Instructional Approaches--Tracking/Ability Grouping |
| |
| Integrated Services/Full-Service Schools |
| |
| International Benchmarking |
| |
| Leadership |
| |
| Leadership--District Superintendent |
| |
| Leadership--District Superintendent--Compensation and Diversified Pay |
| |
| Leadership--Principal/School Leadership |
| |
| Leadership--Principal/School Leadership--Certification and Licensure |
| |
| Leadership--Principal/School Leadership--Compensation and Diversified Pay |
| |
| Leadership--Principal/School Leadership--Evaluation and Effectiveness |
| |
| Leadership--Principal/School Leadership--Induction Programs and Mentoring |
| |
| Leadership--Principal/School Leadership--Preparation |
| |
| Leadership--Principal/School Leadership--Preparation--Alternative |
| |
| Leadership--Principal/School Leadership--Professional Development |
| |
| Leadership--Principal/School Leadership--Recruitment and Retention |
| |
| Leadership--Principal/School Leadership--Tenure |
| |
| Middle School |
| |
| Minority/Diversity Issues |
| |
| Minority/Diversity Issues--African American |
| |
| Minority/Diversity Issues--American Indian / Alaska Native / Native Hawaiian |
| |
| Minority/Diversity Issues--Hispanic |
| |
| No Child Left Behind |
| |
| No Child Left Behind--Adequate Yearly Progress |
| |
| No Child Left Behind--Assessment |
| |
| No Child Left Behind--Choice/Transfer |
| |
| No Child Left Behind--Consequences for Schools |
| |
| No Child Left Behind--Finance |
| |
| No Child Left Behind--Parent Involvement |
| |
| No Child Left Behind--Reauthorization Issues/Waivers |
| |
| No Child Left Behind--Report Cards |
| |
| No Child Left Behind--School Support |
| |
| No Child Left Behind--Special Populations |
| |
| No Child Left Behind--Supplemental Services |
| |
| Online Learning--Digital/Blended Learning |
| |
| Online Learning--Virtual Schools/Courses |
| |
| P-16 or P-20 |
| |
| P-3 |
| |
| P-3 Brain Development |
| |
| P-3 Child Care |
| |
| P-3 Content Standards and Assessment |
| |
| P-3 Data Systems |
| |
| P-3 Early Intervention (0-3) |
| |
| P-3 Ensuring Quality |
| |
| P-3 Evaluation/Economic Benefits |
| |
| P-3 Family Involvement |
| |
| P-3 Finance |
| |
| P-3 Governance |
| |
| P-3 Grades 1-3 |
| |
| P-3 Health and Mental Health |
| |
| P-3 Kindergarten |
| |
| P-3 Kindergarten--Full-Day Kindergarten |
| |
| P-3 Kindergarten--Full Day Kindergarten |
| |
| P-3 Preschool |
| |
| P-3 Public/Private Partnerships |
| |
| P-3 Special Ed./Inclusion |
| |
| P-3 Teaching Quality/Professional Development |
| |
| Parent/Family |
| |
| Parent/Family--Parent Rights |
| |
| Parent/Family--Research |
| |
| Partnerships--University/School |
| |
| Postsecondary |
| |
| Postsecondary Accountability |
| |
| Postsecondary Accountability--Accreditation |
| |
| Postsecondary Accountability--Diploma Mills |
| |
| Postsecondary Accountability--Licensing/Program Review and Approval |
| |
| Postsecondary Accountability--Student Learning |
| |
| Postsecondary Affordability |
| |
| Postsecondary Affordability--Financial Aid |
| |
| Postsecondary Affordability--Textbooks |
| |
| Postsecondary Affordability--Tuition/Fees |
| |
| Postsecondary Affordability--Tuition/Fees--Prepd/College Savings Plans |
| |
| Postsecondary Affordability--Tuition/Fees--Undocumented Immigrants |
| |
| Postsecondary Faculty |
| |
| Postsecondary Faculty--Compensation |
| |
| Postsecondary Faculty--Intellectual Property |
| |
| Postsecondary Faculty--Teaching Assistants |
| |
| Postsecondary Faculty--Tenure |
| |
| Postsecondary Finance |
| |
| Postsecondary Finance--Efficiency/Performance-Based Funding |
| |
| Postsecondary Finance--Facilities |
| |
| Postsecondary Finance--Revenue and Expenditures |
| |
| Postsecondary Governance and Structures |
| |
| Postsecondary Governance and Structures--Administrative/Leadership Issues |
| |
| Postsecondary Governance and Structures--State Executives/State Agencies |
| |
| Postsecondary Institutions |
| |
| Postsecondary Institutions--Community/Technical Colleges |
| |
| Postsecondary Institutions--For-Profit/Proprietary |
| |
| Postsecondary Institutions--Four-Year Baccalaureate |
| |
| Postsecondary Institutions--HBCUs/Minority-Serving Institutions |
| |
| Postsecondary Institutions--Private/Independent |
| |
| Postsecondary Online Instruction |
| |
| Postsecondary Participation |
| |
| Postsecondary Participation--Access |
| |
| Postsecondary Participation--Admissions Requirements |
| |
| Postsecondary Participation--Affirmative Action |
| |
| Postsecondary Participation--Enrollments (Statistics) |
| |
| Postsecondary Participation--Outreach |
| |
| Postsecondary Students |
| |
| Postsecondary Students--Adults |
| |
| Postsecondary Students--Disabled |
| |
| Postsecondary Students--Foster Youth |
| |
| Postsecondary Students--Graduate/Professional |
| |
| Postsecondary Students--International |
| |
| Postsecondary Students--Low-Income |
| |
| Postsecondary Students--Military |
| |
| Postsecondary Students--Minority |
| |
| Postsecondary Success |
| |
| Postsecondary Success--Completion |
| |
| Postsecondary Success--Completion--Completion Rates (Statistics) |
| |
| Postsecondary Success--Developmental/Remediation |
| |
| Postsecondary Success--Retention/Persistence |
| |
| Postsecondary Success--Transfer/Articulation |
| |
| Private Schools |
| |
| Privatization |
| |
| Privatization--Education Management Agencies (EMOs) |
| |
| Proficiency-Based Approaches |
| |
| Promising Practices |
| |
| Promotion/Retention |
| |
| Public Attitudes |
| |
| Public Involvement |
| |
| Purposes of Public Education |
| |
| Reading/Literacy |
| |
| Reading/Literacy--Adult Literacy |
| |
| Religion |
| |
| Religion--Prayer/Meditation |
| |
| Religion--Scientific Creationism (Evolution) |
| |
| Rural |
| |
| Scheduling/School Calendar |
| |
| Scheduling/School Calendar--Day/Class Length |
| |
| Scheduling/School Calendar--Extended Day Programs |
| |
| Scheduling/School Calendar--Summer School |
| |
| Scheduling/School Calendar--Week |
| |
| Scheduling/School Calendar--Year |
| |
| Scheduling/School Calendar--Year Round |
| |
| School Climate/Culture |
| |
| School Safety |
| |
| School Safety--Bullying Prevention/Conflict Resolution |
| |
| School Safety--Code of Conduct |
| |
| School Safety--Corporal Punishment |
| |
| School Safety--Disaster/Emergency Preparedness |
| |
| School Safety--Expulsion/Suspension |
| |
| School Safety--No Child Left Behind--Safe Schools |
| |
| School Safety--Sexual Harassment and Assault |
| |
| School Safety--Special Education |
| |
| School Safety--Uniforms/Dress Codes |
| |
| School/District Structure/Operations |
| |
| School/District Structure/Operations--District Consolidation/Deconsolidation |
| |
| School/District Structure/Operations--District Size |
| |
| School/District Structure/Operations--Facilities |
| |
| School/District Structure/Operations--Food Service |
| |
| School/District Structure/Operations--Libraries |
| |
| School/District Structure/Operations--Org. (K-3/K-8 etc.) |
| |
| School/District Structure/Operations--Personnel (Non-Teaching) |
| |
| School/District Structure/Operations--School Size |
| |
| School/District Structure/Operations--Shared Services |
| |
| School/District Structure/Operations--Staffing Ratios |
| |
| School/District Structure/Operations--Transportation |
| |
| Service-Learning |
| |
 | Special Education |
| |
| DE | Signed into law 08/2012 | pre-K-12 | Allows parents and guardians who successfully challenge the denial of services to their children with special needs to recover the costs of expert witnesses that they needed to hire to advocate for their children. Only parents and guardians who prevailed in their appeals of service denials would be entitled to recover the costs of their experts.
http://legis.delaware.gov/lis/lis146.nsf/vwLegislation/HB+365?Opendocument
Title: H.B. 365
Source: http://legis.delaware.gov/
| |
| DE | Signed into law 08/2012 | P-12 | Clarifies state law provisions regarding the IDEA provision giving school districts the duty to locate, identify, and evaluate all children in need of special education and related services. Provisions now include homeless children or wards of the state and children enrolled in private schools.
http://legis.delaware.gov/LIS/lis146.nsf/vwLegislation/SB+207/$file/legis.html?open
Title: S.B. 207
Source: http://legis.delaware.gov/
| |
| IL | Signed into law 08/2012 | P-12 | Amends provisions related to service animals. Replaces certain references to "guide dog" with "service animal." Includes miniature horse in definition of service animal. Requires a public place of accommodation to make reasonable accommodation for a service animal, including a miniature horse, within certain considerations. http://www.ilga.gov/legislation/publicacts/97/PDF/097-0956.pdf
Title: H.B. 3826
Source: www.ilga.gov
| |
| IL | Adopted 08/2012 | P-12 | From Illinois Register: Authorizes certified school nurses (CSN), physicians, registered nurses with bachelor's degrees, and advanced practice nurses to conduct medical reviews, provided that only a certified school nurse makes recommendations regarding educational interventions, accommodations or modifications based on the findings of the student's medical review. This rulemaking was in response to a request by the school nurses association for the agency to reconsider a 2010 rulemaking that allowed any registered and advanced practice nurse to conduct medical reviews. This change was made at that time to address concerns from some districts that they were having difficulty finding a sufficient number of certified school nurses to conduct these reviews. Pages 473-481 of 492: http://www.cyberdriveillinois.com/departments/index/register/register_volume36_issue31.pdf
Title: 23 IL ADC 226.840
Source: www.cyberdriveillinois.com
| |
| NY | Signed into law 08/2012 | P-12 | Adds provision that an additional parent (other than the parent of the student in question) attend a meeting of a district-level committee on special education unless specifically requested in writing at least 72 hours before such meeting by the parent(s) of the student in question, the student, or a member of the committee. Requires that the parents of the student in question receive written notice of their right to have an additional parent attend any committee meeting regarding the student, along with a statement from the department on the role of having the additional parent attending the meeting. http://assembly.state.ny.us/leg/?default_fld=&bn=A07216&term=&Summary=Y&Memo=Y&Text=Y
Title: A.B. 7216
Source: assembly.state.ny.us
| |
| NY | Signed into law 08/2012 | P-12 | Authorizes teacher and service provider access to a student's individualized education program (IEP) electronically. If any policy provides that a student's IEP is to be accessed electronically, requires that such policy ensure that individuals responsible for implementing the student's IEP be notified and trained on accessing the IEP electronically. http://assembly.state.ny.us/leg/?default_fld=%0D%0A&bn=A07823&term=&Summary=Y&Memo=Y&Text=Y
Title: A.B. 7823
Source: assembly.state.ny.us
| |
| NY | Signed into law 08/2012 | P-12 | Permits boards of cooperative educational services (BOCES) to enter into contracts of up to two years with out-of-state districts for special education and/or career/technical education services, or for the use of existing products that demonstrate how to map the Common Core State Standards (CCSS) to assessments and/or provide access to existing webinars or online courses relating to implementation of the CCSS. Requires any such contract to be approved by the commissioner, the board of cooperative educational services, and the district superintendent of schools. Establishes parameters for contracts, including that they may authorize out-of-state students to participate in an instructional program only if such services are available to all eligible students in the component New York state districts, the number of out-of-state students comprises only 5% of the total enrolled students, and a BOCES spend no more than 30% of its employees' time on services to out-of-state districts. Directs the commissioner of education to prepare two reports regarding such contracts; requires interim report to be submitted to board of regents, governor and legislature by April 15, 2013, and final report, no later than December 15, 2013, with recommendations on whether and under what conditions such contracts should continue to be authorized beyond the July 2014 expiration date of these provisions. Provisions repealed July 1, 2014.
http://open.nysenate.gov/legislation/bill/A10205A-2011
Title: A.B. 10205
Source: open.nysenate.gov
| |
| NJ | Signed into law 07/2012 | P-12 | Requires school buses transporting certain disabled persons to use flashing lights and establishes penalties for drivers who fail to yield.
http://www.njleg.state.nj.us/2012/Bills/AL12/20_.PDF
Title: S 618
Source: http://www.njleg.state.nj.us/
| |
| CT | Signed into law 06/2012 | P-12 | Requires that a permanency plan of a child in the care and custody of the Commissioner of Children and Families include information regarding what steps the department has taken to make any necessary referrals for children under five years of age to early intervention, preschool, or special education services, steps taken to enable a child sixteen years of age or older to learn independent living skills and complete a secondary education or vocation program, and steps taken to develop a personalized transition plan that includes education for children between the ages of sixteen and eighteen. http://www.cga.ct.gov/2012/ACT/Pa/pdf/2012PA-00053-R00SB-00293-PA.pdf
Title: S.B. 293
Source: ga.ct.gov
| |
| CT | Signed into law 06/2012 | P-12 | Requires each local and regional board of education, institution and facility that provides special education for a child to (1) record each instance of the use of physical restraint or seclusion on a child, (2) specify whether the use of seclusion was in accordance with an individualized education program or whether the use of physical restraint or seclusion was an emergency, including the nature of the emergency that necessitated its use, and (3) include such information in an annual compilation on its use of such restraint and seclusion on children. Direcrs the State Board of Education to review the annual compilation and produce an annual summary report and provide such report to the Select Committee on Children each year. http://www.cga.ct.gov/2012/ACT/PA/2012PA-00088-R00HB-05347-PA.htm
Title: H.B. 5347
Source: cga.ct.gov
| |
| CT | Signed into law 06/2012 | P-12 | Directs the Office of Workforce Competitiveness, in collaboration with the Department of Education and the Board of Regents for Higher Education, to study model programs concerning the preemployment training and employment of young adults with autism spectrum disorder and other developmental disabilities. http://www.cga.ct.gov/2012/ACT/SA/2012SA-00009-R00SB-00041-SA.htm
Title: S.B. 41
Source: cga.ct.gov
| |
| CT | Signed into law 06/2012 | P-12 | Requires additional opportunities for meetings and the exchange of information between school district officials and parents of students in, or under evaluation for, special education. Requires teacher certification preparation, in-service training, and professional development to include expanded instruction and training regarding implementing individualized education programs (IEPs). Specifies the school district eligible for special education excess cost grant money when a child is placed in a school district other than his or her district of origin. Requires any IEP for a child identified as deaf or hearing impaired to include a language and communication plan developed by the child's planning and placement team (PPT). Specifies that, if a school district provides special education services to a student whose parents have chosen to send him or her to a private school, the services must comply with the federal Individuals with Disabilities Education Act (IDEA). http://www.cga.ct.gov/2012/ACT/PA/2012PA-00173-R00HB-05353-PA.htm
Title: H.B. 5353
Source: cga.ct.gov
| |
| MI | Signed into law 06/2012 | P-12 | Creates the Autism Council as an advisory body within the Michigan Department of Community Health. Determines membership, operations, and respinsibilities which include charging the council with reviewing and adopting a Michigan Autism Spectrum Disorder (ASD) State Plan and implementing, monitoring, and updateing that plan. http://www.michigan.gov/documents/snyder/EO_2012-11_390797_7.pdf
Title: Ex Order - 2012-11
Source: michigan.gov
| |
| NH | Signed into law 06/2012 | pre-K-12 | Requires the state board of education and the commissioner of the department of education to submit reports detailing any proposed or adopted special education rules which exceed the minimum requirements of state or federal law.
http://www.gencourt.state.nh.us/legislation/2012/HB1360.html
Title: H.B. 1360
Source: http://www.gencourt.state.nh.us/
| |
| NH | Signed into law 06/2012 | P-12 | Establishes a procedure for the provision of special education and related services to a child with a disability who is enrolled in a chartered public school and requires chartered public schools to provide due process in the provision of special education and related services to children with disabilities.
http://www.gencourt.state.nh.us/legislation/2012/SB0300.html
Title: S.B. 300
Source: http://www.gencourt.state.nh.us/
| |
| OH | Signed into law 06/2012 | P-12 | Each time a child's district completes evaluation for a child with a disability or undertakes the development, review, or revision of the child's IEP, requires the district to notify the child's parent about both the autism scholarship program and the Jon Peterson special needs scholarship program. Requires the notice to include specified contact information.
Pages 228-229 of 592: http://www.legislature.state.oh.us/BillText129/129_SB_316_EN_Y.pdf
Title: S.B. 316 - Autism Scholarship and Jon Peterson Special Needs Scholarship Programs
Source: www.legislature.state.oh.us
| |
| OH | Signed into law 06/2012 | P-12 | Directs the department of education to annually (1) Notify each district and community school of the requirements under section 3323.19 (requiring a student identified with disabilities to undergo a comprehensive eye examination performed by a licensed optometrist or physician); and (2) Collect from districts and community schools the total number of students who were subject to the requirements of 3323.19 and the total number of students who received the examination, as verified by documentation received from the district. Additionally requires the department, by December 31, 2013, to issue a report on the compliance of districts and community schools with the requirement to have students with disabilities undergo a comprehensive eye examination.
Pages 155-156, 397 of 401: http://www.legislature.state.oh.us/BillText129/129_SB_316_EN_N.pdf
Title: S.B. 316 - Eye Examination for a Student Identified with Disabilities
Source: www.legislature.state.oh.us
| |
| RI | Signed into law 06/2012 | P-12 | Adds a representative of community-based providers of services to adults with disabilities and a representative of community-based providers of adult behavioral healthcare to the interagency transition council within the department of elementary and secondary education. This act also lowers from 16 to 14 the age for transition planning to be initiated. Makes other technical amendments.
http://www.rilin.state.ri.us/BillText12/HouseText12/H7739Aaa.htm
Title: H.B. 7739
Source: http://www.rilin.state.ri.us
| |
| AZ | Signed into law 05/2012 | P-12 | Requires that a parent or guardian sign a contract to participate in an Arizona Empowerment Scholarship Account if he/she does not plan to enroll the child in a public, private or charter school or a homeschool; Broadens the definition of a qualified student beyond students with disabilities to include a student (1) attending a school or district assigned a "D" or "F" grade, (2) a previous recipient of an ESA or Arizona scholarship for pupils with disabilities, (3) a child of a parent or guardian who is a U.S. Armed Forces member on active duty, (4) certain current or former wards of the juvenile court; Prohibits student from concurrently accepting a scholarship from a school tuition organization and an empowerment scholarship account. Includes (1) educational therapies/services expenses incurred by licensed paraprofessionals or educational aides and (2) services provided by a public school, including individual classes and extracurricular programs, as allowable expenditures of ESA funds; Specifies that a signed ESA agreement does not relieve the previously attended school district or charter school from the obligation to evaluate children for placement in special education programs; Prohibits the expenditure of ESA monies on computers, transportation expenses and consumable educational supplies; Prohibits the parents of qualified students from filing an affidavit of intent to homeschool, in order to enroll for an ESA; Establishes the Department of Education (ADE Fund) and State Treasurer (Treasurer Fund) Empowerment Scholarship Account Funds; Allows the department to retain up to 5 percent of the base level support for each student for the purpose of covering administrative costs and deposits retained monies in the Fund; Stipulates that previously qualified students are eligible to apply for ESA renewal for the duration of high school, regardless of any changes to their multidisciplinary evaluation team plan; Requires the department to determine a period that is between July 1 and May1 of each year to accept applications for the following year and estimate the amount required to fund the ESA by May 30. http://www.azleg.gov/legtext/50leg/2r/laws/0360.pdf
Title: H.B. 2622
Source: azleg.gov
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| GA | Signed into law 05/2012 | P-12 | Clarifies that hardbound and softbound textbooks remain the property of the local unit purchasing or acquiring them, while assistive technology devices and digital versions of textbooks may remain the property of the student. Provides that the electronic format of a textbook that the publisher is required to provide may include a digital version.
Pages 6-7 of 7: http://www.legis.ga.gov/Legislation/20112012/127888.pdf
Title: S.B. 289 - Textbooks and Assistive Technology Devices
Source: www.legis.ga.gov
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| GA | Vetoed 05/2012 | P-12 | Specifies the language school systems must use to notify parents of a child's potential eligibility for a Georgia Special Needs Scholarship. Requires the student's resident school system to ensure the parent of a student with a disability is provided such notice at each individualized education program (IEP) meeting. Authorizes the state board to require a local board to expedite the development of an IEP and waive the scholarship qualification requirement that a student have spent the previous school year in a Georgia public school, on a case-by-case basis for a student's specific medical needs, on parental request. Authorizes the state board to require such an expedited IEP process to be completed before the start of the school year. Directs the state board to provide an annual report through 2015 on the number of waivers approved pursuant to these provisions. Establishes 3 scholarship application deadlines each school year (September 15, December 15, February 15) for a special needs student to transfer. Allows scholarship amounts to be reduced under certain circumstances. Specifies dates for making quarterly scholarship payments, and requires such payments to be equal, as nearly as practical. Directs the state auditor to cite as an audit exception any failure by the department to meet any payment deadlines and to include such audit exceptions on the state's Transparency in Government website.
Bill text: http://www.legis.ga.gov/Legislation/20112012/127590.pdf
Governor's veto message: http://gov.georgia.gov/00/press/detail/0,2668,165937316_184600248_184703295,00.html
Title: H.B. 181
Source: www.legis.ga.gov
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| LA | Signed into law 05/2012 | P-12 | Creates a permanent program out of the two-year School Choice Pilot Program for Certain Students with Exceptionalities. The program is designed for students with various disabilities, including autism, a mental disability, emotional disturbance, developmental delay, other health impairment, specific learning disability, or traumatic brain injury, and has an Individual Education Plan. The program allows students to attend schools of their parents' choosing that provide educational services that specifically address the student's needs. Addresses reporting requirements for the program.
http://www.legis.state.la.us/billdata/streamdocument.asp?did=805343
Title: H.B. 911
Source: http://www.legis.state.la.us
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| ME | SIGNED 05/2012 | P-12 | This bill clarifies that the school administrative unit is responsible for the costs of transporting students who are placed in an educational program at the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf..
Title: S.P. 637
Source: Westlaw/StateNet
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| MS | Signed into law 05/2012 | P-12 | Establishes the Mississippi Dyslexia Therapy Scholarship For Students With Dyslexia program. Outlines student eligibility requirements for receipt of a scholarship and the term of the scholarship. Stipulates the obligations of parents, students and schools and school districts, and prescribes the duties of the department of education and the state board of education regarding the administration of the scholarship program. Grants authority to the Department of Education to verify the eligibility of nonpublic schools and to establish the process for notifications of violations. Authorizes the state board of education to deny, suspend or revoke a school's participation in the scholarship program.
Requires that all compulsory-school-age children be screened for dyslexia during the period between the spring of kindergarten and the fall of grade 1 and other appropriate times as deemed necessary in the public schools of this state. Establishes procedures for screening and evaluation of students for dyslexia and related disorders. Requires that school diagnosticians receive additional training in the evaluation and diagnosis of dyslexia. Requires that students receive comprehensive academic evaluations by trained diagnosticians in the diagnosis of dyslexia if screening indicates risk of dyslexia.
Requires the department of education to submit an annual report to the legislature summarizing student performance, student assessments, funding and any recommended changes. Prescribes appropriate dyslexia qualifications for administrative and instructional personnel. Requires the state department of education to serve as the local educational agency for those schools. Requires the state to pay directly to the school any federal or state aid attributable to a student with a disability attending the school.
http://billstatus.ls.state.ms.us/documents/2012/pdf/HB/1000-1099/HB1031SG.pdf
Title: H.B. 1031
Source: http://billstatus.ls.state.ms.us/
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| MS | Signed into law 05/2012 | P-12 | Establishes the Mississippi Dyslexia Education Scholarship Program and Commission for the purpose of recruiting and training qualified persons to practice dyslexia instruction in this state. Creates the Mississippi Dyslexia Education Scholarship Commission to administer the program. Establishes a board for the Mississippi Dyslexia Education Scholarship Commission and prescribes its powers and duties. Outlines the eligibility requirements for undergraduate students seeking entry into the program. Authorizes the Commission to provide financial assistance to program participants, and requires participants to enter and complete dyslexia education programs. Requires participants who fail to complete their dyslexia education program to repay, on a pro rata basis, any financial assistance received through the program plus penalties.
Establishes the Certified Teacher of the Visually Impaired Scholarship program, to be administered by the Mississippi instructional resource center. Provides that funding for the scholarship is subject to appropriation and shall be administered by the Mississippi Department of Education.
http://billstatus.ls.state.ms.us/documents/2012/pdf/HB/1000-1099/HB1032SG.pdf
Title: H.B. 1032
Source: http://billstatus.ls.state.ms.us/
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| MS | Signed into law 05/2012 | P-12 | Authorizes a parent of an exceptional child to record individualized education program (IEP) meetings with audio or visual recording at the parent's expense. Provides that a parent or guardian or local educational agency must notify the members of the Individualized Education Program team of his, her, or its intent to audio record a meeting at least twenty-four hours prior to the meeting. Requires that such parental right to record be included in the procedural safeguards.
http://billstatus.ls.state.ms.us/documents/2012/pdf/HB/1400-1499/HB1405SG.pdf
Title: H.B. 1405
Source: http://billstatus.ls.state.ms.us/
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| OK | Signed into law 05/2012 | P-12 | New section of law. Establishes a dyslexia teacher training pilot to train higher education faculty to teach multisensory structure reading education for students with dyslexia to teacher candidates. Other purposes are to demonstrate and evaluate the effectiveness of having trained teachers who can provide early reading assistance programs for children with risk factors and evaluate whether the early assistance programs can reduce future special education costs. An additional goal is to create a replicable model that can be followed by other higher education institutions. Requires Regents to promulgate rules. The program will operate by contract with a nonprofit education center that is certified as a multisensory structured language training institute.
http://webserver1.lsb.state.ok.us/2011-12bills/SB/SB1565_ENR.RTF
Title: S.B. 1565
Source: http://webserver1.lsb.state.ok.us
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| OK | Signed into law 05/2012 | P-12 | Creates the Rethinking Special Education Competency and Transition Task Force. The task force will focus on improved educational services and outcomes and meaningful postsecondary transition plans. Topics for study also include how special education services can be enhanced through collaboration models, what are the most salient issues when a parent files a complaint, teacher preparation for accommodating students with learning differences, safeguards to assure annual progress, procedures regarding referral and evaluation for special education services, barriers for students who graduate and want to attend postsecondary education classes, options for creating a statewide special education entity and other states' models. Makeup of the task force is modified to include 24 members.
Clarifies that acceptance of a Lindsey Nicole Henry Scholarship will have the same effect as parental revocation of consent to service through the Individuals with Disabilities Education Act and that the amount of a scholarship will be prorated to reflect the number of school days remaining if the scholarship is granted after the beginning of the school year. Specifies that the state department will notify private schools of the amounts for scholarships within 10 days after receiving the request when total State Aid factors have been determined for the current fiscal year.
http://webserver1.lsb.state.ok.us/cf/2011-12%20ENR/hB/HB3090%20ENR.DOC
Title: H.B. 3090
Source: http://webserver1.lsb.state.ok.us
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| DE | Signed into law 04/2012 | P-12 | Allows students with individualized education plans until the age of 21 to complete their driver education certification.
http://legis.delaware.gov/LIS/lis146.nsf/vwLegislation/HB+264/$file/legis.html?open
Title: H.B. 264
Source: http://legis.delaware.gov/
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| KY | Signed into law 04/2012 | P-12 | Directs the state board to promulgate administrative regulations for an alternative high school diploma for students with disabilities completing a modified curriculum and an individualized course of study. Amends KRS 158.140 to require local boards to award the diploma to eligible students. http://www.lrc.ky.gov/record/12RS/SB43/bill.doc
Title: S.B. 43
Source: www.lrc.ky.gov
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| KY | Signed into law 04/2012 | P-12 | Defines "aphasia", "dyscalculia", "dysgraphia", "dyslexia", "phonemic awareness" and "scientifically based research". Directs the state board to promulgate administrative regulations for districtwide use of a response-to-intervention system for K-3 students, to provide general, compensatory and special education students interventions aligned with scientifically based research. Requires all districts to implement RTI systems for reading and writing by August 1, 2013; math by August 1, 2014; and behavior by August 1, 2015. Directs the department to make technical assistance and training available to all districts in the implementation of the system, and identifies the professional knowledge and skills the technical assistance must be designed to improve. Also directs the department to develop a Web-based resource for teachers that includes among other features instructional tools, based on scientifically based research, to assist students in reading, writing, math and behavior. Encourages the department to coordinate technical assistance and training with state postsecondary institutions, and requires the department to collaborate with specified entities to ensure teachers are prepared to utilize scientifically based interventions in reading, writing, math and behavior. Requires conformity with 20 U.S.C. sec. 1414(a)(1)(E) for initial evaluations of students with suspected disabilities. Directs the department to report annually beginning November 30, 2013 on implementation of the system. Pages 1-4 of 9: http://www.lrc.ky.gov/record/12RS/HB69/bill.doc
Title: H.B. 69 - K-3 Response to Intervention System in Reading, Writing, Math and Behavior
Source: www.lrc.ky.gov
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| KY | Signed into law 04/2012 | P-12 | Amends definition of "specific learning disability" to bring into conformity with federal definition (i.e., specify that it may include conditions such as dyslexia, dyscalculia, dysgraphia, developmental aphasia, or perceptual motor disabilities, and require that determination of a child's specific learning disability must include documentation that a child does not make sufficient progress in meeting age or grade-level content standards when provided with appropriate instruction and learning experiences delivered by qualified personnel, including the child's response to scientific, research-based interventions and additional information derived from an individual evaluation.) Clarifies that term does not include learning problem that is primarily the result of limited English proficiency.
Pages 4-9 of 9: http://www.lrc.ky.gov/record/12RS/HB69/bill.doc
Title: H.B. 69 - Definition of "Specific Learning Disability"
Source: www.lrc.ky.gov
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| MS | Signed into law 04/2012 | P-12 | Revises certain provisions of the blind persons' literacy rights and education act, provides that blind and visually impaired students should receive educational services from certified teachers of the visually impaired, requires each appropriate educational entity to provide for instruction in Braille and use Braille unless the IEP committee determines, after an evaluation of the child's needs, if instruction in Braille or the use of Braille is not appropriate for the child, requires assessments for students to include a minimum research-based learning media assessment, prohibits the denial of instruction in Braille to students with some residual vision, establishes the standard procedure to be used by the IEP or 504 team that Braille instruction or the use of Braille is required for blind students, requires the IEP or 504 team to base its decision on the current ability and needs and future needs of students, while considering the appropriate reading and writing media for children with some residual vision, requires textbook publishers that sell books to Mississippi school districts to furnish American standard code for information interchange (ASCII) or other electronically formatted files compatible with Braille conversion for all books and supplementary materials for literary and nonliterary subjects, requires the state board of education to promulgate and publish regulations, policies and procedures for the administrative operation of the Mississippi instructional resource center, establishes the certification qualifications for specialists in Braille who serve on the advisory committee, establishes the time within which the state superintendent of public education has to respond to the recommendations of the advisory committee, requires the state department of education to recognize Braille and orientation mobility as core subject areas for all blind students, requires the department to adopt a minimum standard for teachers of the blind certified on or before January 1, 2010, establishes the method for determining competency in reading and writing of literary Braille and Nemeth code.
http://billstatus.ls.state.ms.us/documents/2012/pdf/HB/0900-0999/HB0960SG.pdf
Title: H.B. 960
Source: http://billstatus.ls.state.ms.us/
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| OK | Signed into law 04/2012 | P-12 | Requries each school district to provide each parent, guardian or legal custodian of a student with an auditory or visual impairment with written information during the individual education program process concerning the availability of programs offered by the Oklahoma School for the Blind and the Oklahoma School for the Deaf for which the students of the district may be eligible. Requires districts providing special education services to students with auditory or visual impairments to develop procedures to ensure that staff assigned to work with students have effective access to resources and information provided by the Oklahoma School for the Blind and the Oklahoma School for the Deaf.
http://webserver1.lsb.state.ok.us/2011-12bills/SB/SB1119_ENR.RTF
Title: S.B. 1119
Source: http://webserver1.lsb.state.ok.us
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| OR | Administrative Rules 04/2012 | P-12 | Shifts student special education responsibilities from resident school district to the district in which the charter school is located if student is enrolled in a charter school in another school district from which the student resides.
Title: OAR 581-015-2005, 2010, 2040, 2075, 2080
Source: Westlaw/StateNet
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| TN | Signed into law 04/2012 | P-12 | Requires a special education diploma be awarded to students who have satisfactorily completed an IEP, but who have not passed the proficiency tests required for graduation with a regular diploma.
http://www.capitol.tn.gov/Bills/107/Bill/SB2900.pdf
Title: S.B. 2900
Source: http://www.capitol.tn.gov
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| VA | Signed into law 04/2012 | P-12 | Requires each school board to ensure that aides assigned to work with a teacher who has primary oversight of students with autism spectrum disorder demonstrate competency in student behavioral management within 60 days of assignment to such responsibility. The bill also requires the Board of Education to provide standards that school divisions may use to establish a measure for the demonstration of competency in student behavioral management.
http://lis.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0755+pdf
Title: H.B. 325
Source: http://lis.virginia.gov/
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| VA | Signed into law 04/2012 | P-12 | Provides that the Virginia Disability Commission establish work groups to assist the Commission in carrying out its powers and duties. Such work groups include work groups that focus on issues related to (i) housing and transportation, (ii) education and employment, (iii) publicly funded services, and (iv) such other issues as the Commission may deem necessary. The bill also repeals the sunset provision for the Commission, which is set to expire July 1, 2012. This bill incorporates HB 1229.
http://lis.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0741+pdf
Title: H.B. 79
Source: http://lis.virginia.gov
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| AR | Adopted 03/2012 | P-12 | Provides guidelines to ensure the availability and retention of certified speech-language pathologists by providing additional compensation for speech-language pathologists holding a Certificate of Clinical Competence in Speech Language Pathology from the American Speech-Language-Hearing Association. Requires the Department of Education to pay annual incentive bonuses to certified speech-language pathologists who: are licensed in their field, employed full-time at an Arkansas public school, and are not considered a purchased service contractor. Outlines rules for monitoring and funding the incentive bonus program.
http://170.94.37.152/REGS/005.16.11-002F-12901.pdf
Title: AR ADC 005.16.16-1.00 to AR ADC 005.16.16-6.00
Source: http://www.sos.arkansas.gov/rules_and_regs/
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| IN | Signed into law 03/2012 | P-12 | Establishes the center for deaf and hard of hearing education (center) to ensure that children who are deaf or hard of hearing acquire optimal communication and academic abilities. Specifies the duties of the center. Provides that before July 1, 2013, the office of management and budget (OMB) shall, in consultation with the Indiana School for the Deaf, the department of education, the state department of health, and the office of the secretary of family and social services, recommend to the general assembly through the budget process an appropriate agency to provide support for the center. Specifies that until the center is established and operating, the Indiana School for the Deaf shall continue to provide those services that will be transferred at the time the center is established and operating. Provides that the state board of finance and the state budget agency may not transfer for use by or for the center any appropriation made to the Indiana School for the Deaf by the 2011 budget act. Transfers the outreach services and consultative services to local education agencies to assist in meeting the needs of locally enrolled students with hearing disabilities of the Indiana School for the Deaf to the center. Provides that, before October 1, 2012, the OMB (in consultation with the Indiana School for the Deaf, the department of education, the state department of health, and the office of the secretary of family and social services) must submit a transition report to the state budget committee. Requires the OMB in developing the transition report to also consult with other specified entities, and to conduct two public meetings prior to submitting its transition report. Requires the OMB to post the final transition report on its Internet web site. Requires the state budget committee to consider the transition report in the state budget report and budget bill. Changes references throughout the Indiana Code from "hearing impaired" to "hard of hearing". Requires the state board of education to make recommendations before October 1, 2012, to the legislative council and to the state budget committee concerning the unique and appropriate methods of evaluation and accountability that should be applied to the Indiana School for the Blind and Visually Impaired and the Indiana School for the Deaf. http://www.in.gov/legislative/bills/2012/HE/HE1367.1.html
Title: H.B. 1367
Source: www.in.gov
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| NY | Signed into law 03/2012 | P-12 | Part A, Section 12: Extends through 2012-13 school year provision authorizing the board of education of a city school district with a population of 125,000 or more or New York City to increase class sizes in special classes containing students with disabilities in secondary grades by up to specified amounts.
Chapter 57: http://assembly.state.ny.us/leg/?default_fld=&bn=A09057&term=&Summary=Y&Memo=Y&Text=Y#jump_to_Text
Title: A.B. 9057 - Class Sizes for Students with Disabilities in Middle and High Schools
Source: assembly.state.ny.us
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| NY | Signed into law 03/2012 | P-12 | Part K, Section 1: Authorizes a board of cooperative educational services (BOCES) to enter into contracts with the commissioner of the office of children and family services to provide for children in the office's custody any special education programs and related programs the BOCES provides to districts. Provides for June 30, 2015 repeal of these provisions. Chapter 57: http://assembly.state.ny.us/leg/?default_fld=&bn=A09057&term=&Summary=Y&Memo=Y&Text=Y
Title: A.B. 9057 - BOCES Contracts to Provide Special Education Services
Source: assembly.state.ny.us
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| VA | Signed into law 03/2012 | P-12 | Provides that a school division may transfer assistive technology devices purchased by the division for a child with a disability to a different school division to which the child transfers or to a state agency that provides services to a child with a disability upon the child's graduation or when a school division ceases to provide special education services for the student.
http://leg1.state.va.us/cgi-bin/legp504.exe?121+ful+HB382ER+pdf
Title: H.B. 382
Source: http://leg1.state.va.us/
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| WV | Adopted 03/2012 | P-12 | Policies and procedures for local education agency in providing full education opportunities under the IDEA. http://apps.sos.wv.gov/adlaw/csr/ruleview.aspx?document=1744
Title: WV ADC s 126-16-1, 2, 3, 4, 5
Source: apps.sos.wv.gov
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| WY | Signed into law 03/2012 | P-12 | Requires assessment and early intervention for dyslexia and other reading difficulties in K-3. Directs districts to report number of students identified by screening.
http://legisweb.state.wy.us/2012/Enroll/SF0052.pdf
Title: S.F. 52
Source: http://legisweb.state.wy.us
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| IL | Signed into law 01/2012 | P-12 | Removes language requiring the department of human services to complete a financial analysis on each student attending the Illinois School for the Deaf or the Illinois School for the Visually Impaired and to ask parents or guardians to participate, if applicable, in the cost of identified services or activities that are not education related. Requires the department of human services to promulgate rules concerning fees for activities or services at the schools with input from (i) the superintendent of each school and (ii) directors of special education from selected local education agencies that place students at the schools. Removes fees for room and board for residential students and fees for day student meals from the list of established fees parents or guardians of students attending the Illinois School for the Deaf or the Illinois School for the Visually Impaired may be asked to financially participate in. Removes language exempting parents or guardians who are receiving Medicaid or Temporary Assistance for Needy Families (TANF) from financially participating in the established fees. http://www.ilga.gov/legislation/publicacts/97/PDF/097-0664.pdf
Title: S.B. 274
Source: www.ilga.gov
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| OH | Signed into law 12/2011 | P-12 | Specifies dyslexia as a specific learning disability. Directs the superintendent of public instruction to establish a pilot project, to operate for three school years in three districts, to provide early screening and intervention services for children with risk factors for dyslexia, including low phonemic awareness. In establishing and operating the pilot, directs the superintendent to consult with the international dyslexia association or any other nationally recognized organization that specializes in multisensory structured language programs for the treatment of dyslexia. Requires participating districts to report annually to the superintendent data about the operation and results of the pilot project. Directs the state superintendent, not later than December 31 of the third school year of the pilot, to report to the general assembly the superintendent's evaluation of the results of the pilot project and legislative recommendations whether to continue, expand or make changes to the pilot project. http://www.legislature.state.oh.us/BillText129/129_HB_96_EN_N.pdf
Title: H.B. 96
Source: www.legislature.state.oh.us/
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| OH | Signed into law 12/2011 | P-12 | Defines "dyslexia" and "dyslexia specialist". Permits the governing board of any educational service center to engage the services of a dyslexia specialist to provide training for teachers of grades K-4 on the indicators of dyslexia and the instruction that children with dyslexia need to learn, read, write and spell. Provides that if a service center provides this training, it must make the training available to districts within the service center's territory and to other districts, community schools, and STEM schools that have contracted for the training from the service center. Provides that if an educational service center's governing board does not provide the training, a group of local districts within the service center's territory may engage the services of a dyslexia specialist to provide training for teachers independently. Permits a district or school to require the aforementioned training for its teachers as part of the district's or school's regular in-service training programs. Pages 11-12 of 22: http://www.legislature.state.oh.us/BillText129/129_HB_157_EN_N.pdf
Title: H.B. 157 - Dyslexia Training for K-4 Teachers
Source: www.legislature.state.oh.us
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| CA | Signed into law 10/2011 | P-12 | From bill summary: Deletes the schedule for submission of instructional materials for foreign languages and health for state board approval, and the exception to the requirement that criteria for the evaluation of instructional materials be approved when curriculum frameworks are approved or at least 30 months before the date that the materials are to be approved for adoption. Requires the state board to adopt revised curriculum frameworks and evaluation criteria that are aligned to the common core academic content standards developed by the consortium and adopted by the board for mathematics and English language arts no later than May 30, 2013, and May 30, 2014, respectively. Requires state board policies to ensure that the K-12 English language arts curriculum frameworks and K-8 instructional materials include the English language development standards as adopted by the state board in 1997 and revised thereafter, and English language development strategies in the core subjects of mathematics, science, and history-social science. Requires state board policies to ensure that K-12 curriculum frameworks and K-8 instructional materials include strategies to address the needs of pupils with disabilities in mathematics, science, history-social science, and English language arts. Requires the curriculum frameworks to describe the manner in which content can be delivered to intentionally build pupil creativity, innovation, critical thinking, problem solving, collaboration, and communication into and across each content area.
Renames the Curriculum Development and Supplemental Materials Commission the Instructional Quality Commission and makes conforming changes. Deletes the requirement that the commission review specified educational films or video recordings. Requires the criteria developed for evaluating instructional materials to include specified directions to publishers and requires the commission to perform additional prescribed functions. States the intent of the legislature to ensure that school districts are provided with as many standards-aligned instructional material options as possible. Requires the superintendent of public instruction to develop model professional development modules, as specified, and to report to the state board on the development of those modules. Requires the state department of education to use certain federal funds, and any other available state and federal funds, to implement the provisions of this bill. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0201-0250/ab_250_bill_20111008_chaptered.pdf
Title: A.B. 250 - Curriculum Frameworks, Standards, Instructional Materials, Model Professional Development Modules
Source:
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| NH | Notices of Adopted Rules 10/2011 | P-12 | Update the requirements for certification and teacher preparation program for general special education and early childhood special education. The early childhood special education category has been separated from the general special category in Ed 507.39 and Ed 612.07 and adopted in new rules Ed 507.391 and Ed 612.071 to make it easier to see what is required. This was done because of a request from the educators in these categories. NEW HAMPSHIRE REG 252647
Title: NH ADC Ed 507.39, 391; NH ADC Ed 612.07, 071
Source: Westlaw/StateNet
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| NV | Adopted 10/2011 | P-12 | Revises provisions relating to special education endorsements.
Title: NAC 391.054, 343, 347, 356, 360, 363, 376, 380, 381, 383
Source: http://www.leg.state.nv.us
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| CA | Signed into law 09/2011 | P-12 | Replaces references to "mental retardation" to "intellectual disability" in provisions governing special education programs. http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0901-0950/sb_942_bill_20110926_chaptered.pdf
Title: S.B. 942 - Intellectual Disability
Source: www.leginfo.ca.gov
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| NY | Signed into law 09/2011 | P-12 | Requires a provider of special education services or programs to obtain a waiver pursuant to 6503-B (see next paragraph) before providing evaluation services. Provides that to be eligible for approval as an evaluator, a group of appropriately licensed or certified professionals must be formed as a limited liability company or professional services corporation. Provides the approval of any groups of licensed or certified professionals in existence July 1, 2011 that would not be eligible for approval thereafter will terminate on July 1, 2013. Authorizes approved private special education programs to employ licensed professionals or contract with licensed professionals or entities legally authorized to provide professional services. Permits an approved program to operate as any of various specified corporations or limited liability companies, or as a registered limited liability partnership or registered foreign limited liability partnership. Permits a group of appropriately licensed or certified professionals to be formed as either a professional services corporation, or as any of various types of limited liability companies or limited liability partnerships. Establishes parameters on the services different types of corporations, limited liability companies or limited liability partnerships may offer.
Creates 6503-B in the education code. Defines "special education school", "early intervention agency", "early intervention program services", "multi-disciplinary evaluation" (of a preschool child who has or is suspected of having a disability). Provides no special education school may conduct components of a multi-disciplinary evaluation, provide related services, or provide an evaluation component or related services by contract without a waiver pursuant to this section. Provides no early intervention agency may employ or contract with individuals or with various legally-established entities to conduct an early intervention program multi-disciplinary evaluation, provide service coordination services or early intervention program services without a waiver pursuant to this section. Identifies information that must be asked for on waiver application and establishes procedures for obtaining a waiver. Provides that the waiver must provide that services rendered pursuant to section 6503-B, directly or indirectly, must be provided only by a person appropriately licensed to provide such services, or by a professional services entity authorized by law to provide such services. Requires each officer, trustee and director of such school or agency to provide an attestation of his/her good moral character. Directs the commissioner of education to promulgate rules regarding the standards for the waiver for special education schools and early intervention agencies; such rules must include standards for the school's or agency's ability to provide services, the school's or agency's maintenance of student or client and business records, the school's or agency's fiscal policies, and other such standards as may be prescribed by the commissioner. Requires the special education school or early intervention agency operating pursuant to a waiver to display a certificate of such waiver at each site where services are provided. Requires each school or agency to re-apply for a waiver every 3 years. Provides an early intervention agency's waiver may not be renewed unless the agency is approved to provide early intervention program multi-disciplinary evaluations, service coordination or early intervention program services. Creates provisions regarding the renewal of a waiver. Provides a special education school or early intervention agency is under the supervision of the regents of the university of the state of New York and is subject to disciplinary proceedings and penalties. Provides a special education school or early intervention agency operating under a waiver is subject to suspension, revocation or annulment of the waiver for cause. http://assembly.state.ny.us/leg/?default_fld=&bn=S05524&term=2011&Summary=Y&Actions=Y&Memo=Y&Text=Y
Title: S.B. 5524
Source: assembly.state.ny.us
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| OR | Signed into law 08/2011 | P-12 | Requires Department of Education to be responsible for payment of costs of education of students in eligible day treatment
program or eligible residential treatment program by contracting with school district in which program is located. Directs school
district in which program is located to ensure education is provided to student in program. First applies to 2011-2012 school year.
http://www.leg.state.or.us/11reg/measpdf/sb0100.dir/sb0170.en.pdf
Title: S.B. 170
Source: http://www.leg.state.or.us
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| CA | Signed into law 07/2011 | P-12 | From bill summary: Amends the Budget Act of 2011 by reducing the amount of moneys appropriated from the general fund to the state department of education for special education instruction. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0101-0150/ab_108_bill_20110726_chaptered.pdf
Title: A.B. 108 - Special Education Funding
Source: www.leginfo.ca.gov
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| CT | Signed into law 07/2011 | P-12 | Requires the Commissioner of Education to conduct a review of the cost of state-mandated special education requirements including, but not limited to, examining who is best suited to bear the burden of proof in determining whether a student is eligible for special education services. Requires the Commissioner to submit a report on or before February 1, 2012, to the General Assembly. http://www.cga.ct.gov/2011/ACT/sa/pdf/2011SA-00009-R00HB-06103-SA.pdf
Title: H.B. 6103
Source: http://www.cga.ct.gov
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| CT | Signed into law 07/2011 | P-12 | Prevents delays in the evaluation process of children suspected of requiring special education and related services. http://www.cga.ct.gov/2011/ACT/Pa/pdf/2011PA-00235-R00HB-06501-PA.pdf
Title: H.B. 6501
Source: http://www.cga.ct.gov
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| DE | Signed into law 07/2011 | P-12 | Empowers the Department of Education to adopt rules and regulations regarding eligibility for supportive instruction and which also provide for the identification of licensed professionals authorized to certify eligibility for supportive instruction.
http://legis.delaware.gov/LIS/lis146.nsf/vwLegislation/SB+112/$file/legis.html?open
Title: S.B. 112
Source: http://legis.delaware.gov
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| MN | Signed into law 07/2011 | P-12 | Updates statutory terms to conform with federal terminology and Minnesota rule. (Article 3, Sec 1)
http://wdoc.house.leg.state.mn.us/leg/LS87/1/HF0026.0.pdf
Title: H.F. 26
Source: http://www.house.leg.state.mn.us/
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| NC | Signed into law 07/2011 | P-12 | Provides a taxpayer a credit against the tax imposed for each of the taxpayer's eligible dependent children who is a resident of the state and who for one or two semesters during the taxable year is enrolled in grades kindergarten through 12 in a nonpublic school or in a public school at which tuition is charged. http://www.ncga.state.nc.us/Sessions/2011/Bills/House/PDF/H344v7.pdf
Title: H.B. 344
Source: http://www.ncga.state.nc.us
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| FL | Signed into law 06/2011 | P-12 | Expands eligibility for the John M. McKay Scholarships for Students with Disabilities Program to students with disabilities who have 504 accommodation plan issued under federal law (previously the only students eligible were those with an individual educational plan has been written in accordance with rules of the State Board of Education). Provides that parent may choose to enroll student in public school in adjacent district under certain conditions. Provides for scholarship amounts.
http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h1329er.docx&DocumentType=Bill&BillNumber=1329&Session=2011
Title: H.B. 1329
Source: http://www.myfloridahouse.govt
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| 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
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| HI | Signed into law 06/2011 | P-12 | Requires certain private special education schools and programs that provide services to students with disabilities who receive state funding, to comply with federal and state laws, rules, and regulations. Requires accreditation within a certain time for certain private schools or programs that accept students with disabilities who receive state funding. http://www.capitol.hawaii.gov/session2011/Bills/SB1503_CD1_.HTM
Title: S.B. 1503
Source: www.capitol.hawaii.gov
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| ME | Signed into law 06/2011 | P-12 | Provides that the school administrative unit may not have an attorney present at an individualized education program team meeting unless the school administrative unit has provided the parents of a child with a disability at least seven days' written notice prior to the meeting. Provides that if the parent of a child with a disability has an attorney present at the individualized education program team meeting, the school administrative unit may have an attorney present without providing prior written notice. http://www.mainelegislature.org/legis/bills/bills_125th/chapters/PUBLIC363.asp
Title: H.P. 822
Source: http://www.mainelegislature.org
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| ME | Signed into law 06/2011 | P-12 | Repeals provisions providing for planning the transition of students with disabilities to adult services and for transitional services coordination projects for students with disabilities by the Interdepartmental Committee on Transition in order to make state requirements regarding these students not exceed federal requirements. Eliminates the Interdepartmental Committee on Transition and repeals provisions for transitional pilot projects for which funding is no longer provided. Details the duties of school administrative units and the Commissioner of Education with regard to services for students with disabilities who are in transition from school to the community in accordance with the provisions of rules adopted by the Department of Education. Provides for the coordination of the Department of Health and Human Services and the Department of Education in the submission of the annual report on efforts to plan for and develop social and habilitative services for persons who have autism and other pervasive developmental disorders and requires the report to be submitted to the Legislature. http://www.mainelegislature.org/legis/bills/bills_125th/chapters/PUBLIC348.asp
Title: H.P. 986
Source: http://www.mainelegislature.org
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| OH | Signed into law 06/2011 | P-12 | Requires that staff at a nonpublic school participating in the Jon Peterson special needs scholarship program or at a college-preparatory boarding school undergo criminal background checks. Permits the chief administrator of a registered private provider participating in the autism scholarship program to request criminal background information. Specifies that when the superintendent receives a request from a nonpublic school participating in the Jon Peterson special needs scholarship program or the autism scholarship program, the superintendent must proceed as if the request came from a local board
Pages 79-100 of 1000: http://www.legislature.state.oh.us/BillText129/129_HB_153_EN_part1.pdf
Title: H.B. 153 - Background Checks at Certain Schools
Source: www.legislature.state.oh.us
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| OH | Signed into law 06/2011 | P-12 | Specifies that the services provided under the scholarship must include an educational component. Pages 74-77 of 1000: http://www.legislature.state.oh.us/BillText129/129_HB_153_EN_part2.pdf
Title: H.B. 153 - Autism Scholarship Program
Source: www.legislature.state.oh.us
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| OH | Signed into law 06/2011 | P-12 | Establishes the Jon Peterson Special Needs Scholarship Program, effective with the 2012-13 school year, for K-12 students with disabilities to attend either (1) a registered private provider (i.e., a nonpublic school or other nonpublic entity that has been registered by the superintendent of public instruction), (2) a school district that is not the school district in which the child is entitled to attend school or the child's school district of residence, or (3) a public entity other than a school district, to which a parent or person in loco parentis owes fees for services provided to a child. Provides that an eligible student may not be participating in the educational choice scholarship pilot program (low-performing schools scholarship program), the pilot project scholarship program (Cleveland scholarship program), or the autism scholarship program in a year for which scholarship funds are sought. Provides that the scholarship may cover all or a part of the fees for the child to attend the special education program, and other services agreed to by the provider and eligible applicant that are not included in the individualized education program but are associated with educating the child. Specifies the number of scholarships awarded in any fiscal year may not exceed 5% of the total number of students in the state identified as chidlren with disabilities. Requires participating students to take state-mandated assessments and for those results to be reported to the department of education, unless the student is excused from an assessment under federal law or the student's IEP. Establishes a method for determining the amount to be paid for a qualified special education child under the program. Specifies the criteria a nonpublic provider must meet to be eligible to receive payments under the program.
Pages 77-86 of 1000: http://www.legislature.state.oh.us/BillText129/129_HB_153_EN_part2.pdf
Title: H.B. 153 - Jon Peterson Special Needs Scholarship Program
Source: www.legislature.state.oh.us
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| OH | Signed into law 06/2011 | P-12 | Authorizes the director of developmental disabilities to establish an interagency workgroup on autism to improve the coordination of the state's efforts to address the service needs of individuals with autism spectrum disorders and those individuals' families. Authorizes the director to enter into interagency agreements with the government entities represented on the workgroup. Creates the interagency workgroup on autism fund in the state treasury to suppor the activities of the workgroup.
Pages 342-343 of 1000: http://www.legislature.state.oh.us/BillText129/129_HB_153_EN_part3.pdf
Title: H.B. 153 - Interagency Workgroup on Autism
Source: www.legislature.state.oh.us
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| OR | Signed into law 06/2011 | P-12 | Specifies that students receiving a modified diploma, extended diploma or alternative certificate have access to instructional hours and transitional hours equal to at least the total provided students attending public high school. Authorizes student's individualized education program (IEP) team to decide that student will not access total number of hours. Provides notice to parents regarding educational, service options, design and implementation of student's IEP. Effective July 1, 2011.
http://www.leg.state.or.us/11reg/measpdf/hb2200.dir/hb2283.en.pdf
Title: H.B. 2283
Source: http://www.leg.state.or.us/
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| OR | To governor 06/2011 | P-12 | Requires school district in which public charter school is located to be responsible for identifying, locating and evaluating students to determine which students may be in need of special education and related services. Provides for distribution of state funding to school district for those students. Establishes notice requirements , including notice requirements related to special education and related services, when student enrolls in public charter school or withdraws from public charter school. Effective July 1, 2011.
Title: H.B. 2299
Source: Westlaw/StateNet
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| SC | Signed into law 06/2011 | P-12 | Creates the South Carolina Dyslexia Task Force to study and evaluate practices for diagnosing, treating, and educating children with dyslexia and to examine how current statutes and regulations affect these students. Provides for the compostition of the tast force. Requires the task force to report its findings to the General Assembly. http://www.scstatehouse.gov/sess119_2011-2012/bills/241.htm
Title: S.J.R. 241
Source: http://www.scstatehouse.gov
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| TN | Signed into law 06/2011 | P-12 | Requires isolation and restraint to be imposed by school personnel who have been certified for completing a behavior intervention training program or other school personnel when trained personnel are not immediately available. Deletes the definition of state-approved training program and adds the definition of behavior intervention training program for the purposes of isolation and restraint of special education students. Requires the records that local education agencies (LEAs) keep on incidents of isolation and restraint to contain whether the individual imposing the isolation and restraint has completed a behavior intervention training program. Requires LEAs, to the extent possible, to include behavior intervention training during any in-service days that an LEA uses to address the issues of prevention and intervention strategies for students in the area of behavioral and emotional issues. Requires school personnel who have completed a behavior intervention training program to be renewed periodically. Requires all schools to maintain records of isolation and restraint and to report bi-annually on these incidents to the LEA using existing data systems.
Requires LEAs to report annually to the state department on the use of isolation and restraint. Requires the Department to report this information to the State Advisory Council for Education of Students with Disabilities and this requires the Council to make recommendations to the State Board of Education (SBOE). Requires the SBOE to use the recommendations and other data or reports to establish policies to reduce or eliminate the use of isolation and restraint.
http://www.capitol.tn.gov/Bills/107/Bill/HB1336.pdf
Title: H.B. 1336
Source: http://www.capitol.tn.gov
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| TX | Signed into law 06/2011 | P-12 | 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 number of full-time equivalent students placed in resource room or mainstream arrangements that is 25% higher than the statewide average ratio. http://www.capitol.state.tx.us/tlodocs/82R/billtext/pdf/HB01130F.pdf#navpanes=0
Title: H.B. 1130
Source: www.capitol.state.tx.us
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| TX | Signed into law 06/2011 | P-12 | Directs the Texas Education Agency to develop and implement a statewide plan to ensure that each district develops a process for regular classroom teachers teaching a student with a disability to request a review of the student's individualized education program (IEP). Requires that the statewide plan provide for the district must provide a timely response to the teacher's request, and for the student's parent or guardian to be notified of that response. http://www.capitol.state.tx.us/tlodocs/82R/billtext/pdf/HB01335F.pdf#navpanes=0
Title: H.B. 1335
Source: www.capitol.state.tx.us
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| TX | Signed into law 06/2011 | P-12 | Requires that to be eligible to be issued a certificate to teach students with visual impairments, a person must (1) complete all coursework required by an approved educator preparation program or complete approved alternative certification program, (2) perform satisfactorily on each examination prescribed by statute for certification to teach students with visual impairments, after completing the educator preparation program or alternative program, and (3) satisfy any other requirements prescribed by the board. Provides that the coursework or alternative education program requirement does not apply if the application for
the initial certificate was submitted by September 1, 2011. http://www.capitol.state.tx.us/tlodocs/82R/billtext/pdf/SB00054F.pdf#navpanes=0
Title: S.B. 54
Source: www.capitol.state.tx.us
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| TX | Signed into law 06/2011 | P-12 | Includes professional staff who educate students with disabilities on district-level and campus-level planning and decision-making committees. http://www.legis.state.tx.us/tlodocs/82R/billtext/pdf/SB00778F.pdf#navpanes=0
Title: S.B. 778
Source: www.legis.state.tx.us
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| TX | Signed into law 06/2011 | P-12
Postsec. | Requires that minimum academic qualifications for an educator certificate that requires a bachelor degree to require instruction in detection and education of students with dyslexia. Provides this does not apply to an individual obtaining a certificate through an alternative certification program. Requires continuing education requirements for an educator who teaches students with dyslexia to include training on new research and practices in educating students with dyslexia; provides this training may be offered in an online course. Specifies that unless otherwise provided by law, a K-12 or postsecondary student determined to have dyslexia during a dyslexia screening may not be retested for dyslexia for the purpose of reassessing the student's need for accommodations until the district or institution of higher education reevaluates the information obtained from previous testing of the student. Directs the Texas Education Agency to establish a committee to develop a plan for integrating technology into the classroom to help accommodate students with dyslexia. http://www.legis.state.tx.us/tlodocs/82R/billtext/pdf/SB00866F.pdf#navpanes=0
Title: S.B. 866
Source: www.legis.state.tx.us
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| TX | Signed into law 06/2011 | P-12 | Directs the Texas Education Agency to develop a model form for districts to elect to use in developing an individualized education program (IEP). Provides the form may include only specified information. Requires that the form be posted to the agency Web site. Adds provision that the written statement of a student's IEP may be required to include only information included in the model form. Adds section requiring that appropriate state transition planning begin not later than when the student reaches 14 years of age. http://www.legis.state.tx.us/tlodocs/82R/billtext/pdf/SB01788F.pdf#navpanes=0
Title: S.B. 1788
Source: www.legis.state.tx.us
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| CO | Signed into law 05/2011 | P-12 | 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 a continuum of alternative placements, but not a specific place. Clarifies types of settings special education students may be placed, such as certain facilities, foster or group homes. Revises description of least restrictive environments, and clarifies and expands definition of "parent." Defines special education expenditures and which employees, costs, materials and services the funds can support. Describes requirements, circumstances and procedures for administrative units to purchase special education services. Describes procedures and requirements for special education students who enroll in charter schools and online programs.
http://www.leg.state.co.us/clics/clics2011a/csl.nsf/fsbillcont3/A58089DC75F0EAB18725780800800FD9?Open&file=1277_enr.pdf
Title: H.B. 1277
Source: http://www.leg.state.co.us
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| ME | Signed into law 05/2011 | P-12 | Directs the state Board of Education and the Department of Education (DOE) to conduct a study to ensure that teachers and paraprofessionals who work with children with autism spectrum disorders are appropriately and adequately prepared. Requires the DOE to convene a work group with broad stakeholder representation. Provides that the purpose of the work group is to analyze the qualifications of teachers and paraprofessionals who work with children with autism spectrum disorders and to make recommendations that will assist the department in ensuring that the teachers and paraprofessionals are appropriately and adequately prepared. Requires the work group to submit its recommendations to the state Board of Education and the DOE by November 1, 2011 and the State Board of Education and the DOE to submit a report, including the findings and recommendations from the work group, to the legislature by December 7, 2011. Authorizes the legislature to introduce legislation to the Second Regular Session of the 125th Legislature. http://www.mainelegislature.org/legis/bills/bills_125th/chapters/RESOLVE47.asp
Title: H.R. 546
Source: http://www.mainelegislature.org
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| ME | Signed into law 05/2011 | P-12 | Requires the Department of Education to amend state statute Maine Unified Special Education Regulation Birth to Age Twenty to permit a qualified examiner to observe a child at school or at a potential educational placement when the qualified examiner is not employed by the school and is conducting an independent educational evaluation at the request of the parent, at times and durations as the school would permit a qualified examiner that is employed by the school. http://www.mainelegislature.org/legis/bills/bills_125th/chapters/RESOLVE42.asp
Title: H.R. 708
Source: http://www.mainelegislature.org
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| ND | Signed into law 05/2011 | P-12 | Requires school districts to receive state reimbursement for 80% of the room and board costs paid by the district for a student with disabilities who is placed in a facility regardless of whether that facility is located within or outside the student's school district of
residence.
http://www.legis.nd.gov/assembly/62-2011/title-summaries/2011titlesummaries.pdf
Title: H.B. 1074
Source: http://www.legis.nd.gov
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| NV | Signed into law 05/2011 | P-12 | This bill provides that in all due process hearings held pursuant to the feder Individuals with Disabilities Education Act where the school district is a party, the school district bear the burden of proof and the burden of production.
http://www.leg.state.nv.us/Session/76th2011/Bills/AB/AB318_EN.pdf
Title: A.B. 318
Source: http://www.leg.state.nv.us
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| OK | Signed into law 05/2011 | P-12 | Parents requesting a Lindsey Nicole Henry Scholarship for Students with Disabilities must make their request no later than December 1 of the school year during which the scholarship is requested. Removes the date of April 1 by which the school district must notify parents of their rights in regard to the scholarship and leaves in that the district must simply notify them. It also removes language that stated a parent must not be required to accept the offer of enrolling in another public school in lieu of the scholarship and language that instructs the State Department of Education to use funds from general appropriations to pay the scholarship if the district's state aid cannot be reduced enough to cover the expense. Allows for a 2.5% administrative fee by the State Department of Education and gives the Department the authority to reduce state aid to school districts failing to comply with provisions of the program. Also creates the Special Education State-wide Cooperative Task Force until May 31, 2012, to study ways to improve special education and related services. Parents will notify the State Department of Education rather than the school district of the request for a scholarship. The scholarship will be in effect until the student graduates or turns 22, whichever occurs first. Students will not be eligible for the scholarship if they are not having regular contact with the private school teachers at the physical location of the private school.
Link to summary: http://webserver1.lsb.state.ok.us/cf/2011-12%20SUPPORT%20DOCUMENTS/BILLSUM/House/HB1744%20CCS%20BILLSUM.DOC
Bill text: http://webserver1.lsb.state.ok.us/cf/2011-12%20ENR/hB/HB1744%20ENR.DOC
Title: H.B. 1744
Source: Westlaw/StateNet
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| OR | Signed into law 05/2011 | P-12 | Allows student to attend school in school district where student does not have legal residence if student receives written consent from district where school is located. Requires school district to implement existing individualized education program for child who becomes resident of school district until new program is developed. Sunsets July 1, 2017. http://www.leg.state.or.us/11reg/measpdf/hb3600.dir/hb3681.a.pdf
Title: H.B. 2282
Source: http://www.leg.state.or.us/
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| TX | Signed into law 05/2011 | P-12 | Relating to membership of the state continuing advisory committee for special education services. Requires that at least one member be a director of special education programs for a school district or for a shared
services arrangement of multiple school districts. http://www.capitol.state.tx.us/tlodocs/82R/billtext/pdf/HB00861F.pdf#navpanes=0
Title: H.B. 861
Source: www.capitol.state.tx.us
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| TX | Became law without governor's signature 05/2011 | P-12 | Establishes the Interagency Council for Addressing Disproportionality to: (1) Examine the level of disproportionate involvement of children who are racial/ethnic minorities at each stage in the juvenile justice, child welfare and mental health systems; (2) Examine issues relating to the disproportionate delivery of various educational services to children who are racial/ethnic minorities in the education system; (3) make recommendations to reduce the involvement of children who are racial/ethnic minorities in the juvenile justice, child welfare and mental health systems and improve the children's success in the education system; and (4) Assist the Health and Human Services Commission in eliminating health and health access disparities in Texas among racial, multicultural, disadvantaged, ethnic and regional populations. Establishes the composition of the council and requires the council to meet at least quarterly. Sets forth the duties of the council, including reviewing current best practice standards addressing the disproportionate use of children's services by children who are members of a racial or ethnic minority group. Directs the council by December 2012 to prepare a report with the council's findings and recommendations for addressing the disproportionate representation of children who are racial/ethnic minorities in the use of children's services and the council's recommendation as to whether to continue the council. Provides these provisions expire December 1, 2013. http://www.capitol.state.tx.us/tlodocs/82R/billtext/pdf/SB00501F.pdf#navpanes=0
Title: S.B. 501
Source: www.capitol.state.tx.us
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| VT | Signed into law 05/2011 | P-12
Postsec. | Requires schools and local districts coordinate educational services to children and adolescents with a severe emotional disturbance with the department of mental health, the department for children and families, the department of disabilities, aging, and independent living, and the department of education. Makes other provisions for children and adolescents with severe emotional disturbance. Amends the membership on the advisory council on special education. All members of the council shall serve for a term of three years (beginning April 1 of year of appointment) or until their successors are appointed. A majority of the members shall be either individuals with disabilities or parents of children with disabilities. Makes a child or young adult under the custody of the commissioner of children and families and who is accepted to a Vermont college eligible for a grant.
http://www.leg.state.vt.us/docs/2012/Acts/ACT058.pdf
Title: S.B. 100 - Disabilities Sections
Source: http://www.leg.state.vt.us
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| AZ | Signed into law 04/2011 | P-12 | Amends Title 15, Arizona Revised Statutes, by adding chapter 19 creating a "scholarship account" program providing options for K-12 students with disabilities to attend private schools. Designates the expenses which can be applied to the account and rules applying to the program. http://www.azleg.gov/legtext/50leg/1r/bills/sb1553h.pdf
Title: S.B. 1553
Source: http://www.azleg.gov
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| AZ | Signed into law 04/2011 | P-12 | Arizona Revised Statutes 15-761 is amended to reflect previous statutory changes in the definition of speech/language impairment. Chapter 306. http://www.azleg.gov/legtest/50leg/1r/bills/sb1256s.pdf
Title: S.B. 1256--Disabled Students
Source: http://www.azleg.gov
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| IL | Adopted 04/2011 | P-12 | Urges the state board of education to encourage the establishment of a peer buddy program in each school district for children with autism spectrum disorder enrolled in elementary, middle and high school. http://www.ilga.gov/legislation/97/HR/PDF/09700HR0043lv.pdf
Title: H.R. 43
Source: www.ilga.gov
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| IN | Signed into law 04/2011 | P-12 | Requires a school corporation, including a charter school, to expend a proportionate share of its state special education grant on providing special education services to parentally placed nonpublic school students with disabilities.
http://www.in.gov/legislative/bills/2011/HE/HE1341.1.html
Title: H.B. 1341
Source: http://www.in.gov
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| AR | Signed into law 03/2011 | P-12 | Specifies the date for the department of education to pay the licensed pathologist bonus. Details repayment terms for teachers who receive bonus and leave the teaching field.
http://www.arkleg.state.ar.us/assembly/2011/2011R/Bills/HB1819.pdf
Title: H.B. 1819
Source: http://www.arkleg.state.ar.us/
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| CO | Signed into law 03/2011 | P-12 | Revises process for parents or guardians to appeal decisions related to special education students.
http://www.leg.state.co.us/clics/clics2011a/csl.nsf/fsbillcont3/AA346691179A6B4E872578080080E898?Open&file=061_enr.pdf
Title: S.B. 61
Source: http://www.leg.state.co.us
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| CO | Signed into law 03/2011 | P-12 | Revises policies and practices for identifying and serving gifted students and students with disabilities.
http://www.leg.state.co.us/clics/clics2011a/csl.nsf/fsbillcont3/1A5CF1E8E715B76F8725780800801246?Open&file=1077_enr.pdf
Title: H.B. 1077
Source: http://www.leg.state.co.us
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| KY | Signed into law 03/2011 | P-12 | Directs the Kentucky Department of Education, with the assistance of the Kentucky Personnel Cabinet, to adopt a salary schedule for administrators for the Kentucky School for the Deaf and the Kentucky School for the Blind. Requires salary schedules to be comparable to administrators' salaries with similar duties and qualifications in local school districts. Requires the salary schedule to be computed by September 1 of each year and to include 260 days. http://www.lrc.ky.gov/record/11RS/HB425/bill.doc
Title: H.B. 425 - Salaries for Administrators at Special Schools
Source: www.lrc.ky.gov
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| MS | Signed into law 03/2011 | P-12 | Creates the Mississippi Autism Advisory Council. Provides for membership terms of the committee and sets for the duties of the committee.
http://billstatus.ls.state.ms.us/documents/2011/pdf/HB/1100-1199/HB1125SG.pdf
Title: H.B. 1125
Source: http://billstatus.ls.state.ms.us
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| ND | Signed into law 03/2011 | P-12 | Changes terminology from "mental retardation" to "intellectual disability." Removes the requirement that multidisciplinary team include medical professionals and requires school districts to obtain parental consent before accessing any family insurance options, whether public or private, to pay for the cost of determining a student's medically related disability.
http://www.legis.nd.gov/assembly/62-2011/documents/11-0195-04000.pdf
Title: H.B. 1073, S.B. 2142
Source: http://www.legis.nd.gov
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| NY | Signed into law 03/2011 | P-12 | Sec. 51: Provides that effective with the 2011-12 school year, the district of residence must pay the tuition expenses of a child attending any of the state's schools for the deaf. Provides that the amount of tuition paid by the district is eligible for reimbursement to the extent provided in section 4204-b. Provides the state must pay the board and lodging expenses. (Prior to this lawmaking, the state paid for tuition, board and lodging).
Sec. 53: Amends section 4204-b. Provides that effective with the 2011-12 school year, a school district sending a student to one of the state schools for the blind or deaf is responsible for reimbursing the state in an amount equal to the difference between the school district contribution and the tuition paid by the district.
Sec. 54: Provides that effective with the 2011-12 school year, the district of residence must pay the tuition expenses of a child attending any of the state's schools for the blind. Provides that the amount of tuition paid by the district is eligible for reimbursement to the extent provided in section 4204-b. Provides the state must pay the board and lodging expenses. (Prior to this lawmaking, the state paid for tuition, board and lodging).
Chapter 58 http://assembly.state.ny.us/leg/?default_fld=&bn=S02808&Summary=Y&Memo=Y&Text=Y
Title: S.B. 2808 - Part A, Sec. 51, 53, 54
Source: assembly.state.ny.us
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| NY | Signed into law 03/2011 | P-12 | Increases percent reimbursement rate for school districts with a student with a disability placed in a state school or special act school district. Chapter 58 http://assembly.state.ny.us/leg/?default_fld=&bn=S02808&Summary=Y&Memo=Y&Text=Y
Title: S.B. 2808 - Part O
Source: assembly.state.ny.us
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| UT | Signed into law 03/2011 | P-12 | Modifies the Public-Private Partnership for Education Excellence Act by authorizing the Utah Schools for the Deaf and Blind to establish a non-profit foundation. http://le.utah.gov/~2011/bills/hbillenr/hb0415.pdf
Title: H.B. 415
Source: le.utah.gov
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| DE | Signed into law 02/2011 | P-12 | Allows services for children with disabilities to be funded based on identified individual needs rather than on their classification or placement. The "needs-based" funding system provides more flexibility to districts and charter schools in the provision of special education services and is intended to be more equitable in ensuring that resources are distributed based on the specific needs of students receiving special education services.
http://legis.delaware.gov/LIS/lis146.nsf/vwLegislation/HB+1/$file/legis.html?open
Title: H.B. 1
Source: http://legis.delaware.gov/
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| TX | Adopted 01/2011 | P-12 | Specifies graduation requirements for students receiving special education services. Reflects changes to assessment and curriculum requirements for graduation for students receiving special education services as required by House Bill (HB) 3, 81st Texas Legislature, 2009. Provides that students must complete the state's or district's (whichever is greater) required standards through courses that may contain modified content aligned to the standards required under the minimum high school program and the minimum high school program course requirements, including participation in required state assessments. Requires that the student also successfully complete the student's individualized education program (IEP) and meet one of several specified conditions, consistent with the IEP.
Repeals existing language providing that a student receiving special education services may receive a regular high school diploma when the student's ARD committee determines the student has met any of specified criteria, including simply completing the student's individualized education program (IEP).
Adopted as proposed in the October 15, 2010 Texas Register (pp 29-31): http://www.sos.state.tx.us/texreg/pdf/backview/1015/1015prop.pdf.
Title: 19 TAC 89.1070
Source: www.sos.state.tx.us
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| TX | Adopted 12/2010 | P-12 | 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 (CFR), which require the agency to adopt and implement a comprehensive system for monitoring school district compliance with federal and state laws relating to special education. Specifically, the new language establishes procedures for the administration of residential facility (RF) monitoring for public school districts and open-enrollment charter schools related to programs provided to students with disabilities residing in RFs. Alsos adopt in rule the Residential Facility Monitoring (RFM) Manual, dated August 2010. Adopted as published in the October 8, 2010 Texas Register (pp. 8-10 of 59): http://www.sos.state.tx.us/texreg/pdf/backview/1008/1008prop.pdf
Title: 19 TAC 97.1072
Source: www.sos.state.tx.us
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| CA | Signed into law 10/2010 | P-12 | From bill summary: Existing law requires the superintendent of public instruction to develop, and the state board of education to adopt, regulations governing the use of behavioral interventions with individuals with exceptional needs receiving special education and related services.
New provisions specify that the aforementioned law and its implementing regulations are declaratory of federal law and are intended to provide the clarity, definition and specificity necessary for local educational agencies to comply with the federal Individuals with Disabilities Education Act. Provides that this provision and the implementing state regulations may not exceed the requirements of federal law, create new or separate state requirements, or result in a level of state service beyond that needed to comply with federal law and regulations. Requires local educational agencies to agree to adhere to implementing federal and state regulations as a condition of choosing to receive funding from the federal Individuals with Disabilities Education Act. Authorizes the state superintendent to monitor the compliance of local educational agencies and take appropriate action, including fiscal repercussions, if a local educational agency fails to comply or fails to implement the decision of a due process hearing officer based on noncompliance.
http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_1601-1650/ab_1610_bill_20101019_chaptered.pdf
Title: A.B. 1610 - Behavioral Interventions for Students with Disabilities
Source: www.leginfo.ca.gov
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| CA | Vetoed 09/2010 | P-12 | From bill analysis: Clarifies which local educational agency is responsible for the provision and payment of special education services for pupils with disabilities in the foster care system that have been detained in a juvenile hall and who are subsequently placed in a residential treatment facility. Provides that a school district into which a pupil is placed in a regularly licensed children's institution, a licensed foster home, or a family home pursuant to a placement under a designated statute is the district of residence. Also specifies that this school district of residence is responsible for providing the pupil with a free appropriate public education (FAPE). Provides that the county board of education is responsible for providing special needs pupils detained in juvenile halls with a free appropriate public education. However, if the expanded individualized education program team determines that placement is appropriate, requires the provider of educational services to determine the school district responsible for paying and providing for education placement, pursuant to criteria specified by the bill.
Bill text: http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_1051-1100/sb_1059_bill_20100823_enrolled.pdf
Governor's veto message: http://dl5.activatedirect.com/fs/distribution:letterFile/yvcee9xanplikz_files/z65dx754ubhqyl/0/0?&_c=d|yvcee9xanplikz|z65p1zm6c0d0km&_ce=1286394506.209c38dd7056afc055dbbd8c2df9ecb8
Title: S.B. 1059
Source: www.leginfo.ca.gov
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| DE | Signed into law 09/2010 | P-12 | This bill creates certain rights for children who are deaf or hard of hearing in the Delaware School System.
http://legis.delaware.gov/LIS/lis145.nsf/vwLegislation/HB+283/$file/legis.html?open
Title: H.B. 283
Source: Westlaw/StateNet
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| NJ | Signed into law 09/2010 | P-12 | Clarifies that a school district is eligible to receive and use chapter 193 State funding to provide special education evaluation services to nonpublic school pupils who are not residents of the State.
http://www.njleg.state.nj.us/2010/Bills/AL10/71_.HTM
Title: A.B. 2300
Source: http://www.njleg.state.nj.us
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| CA | Signed into law 08/2010 | P-12 | Adds that a nonpublic, nonsectarian school that provides K-12 special education services must, in providing state-adopted, standards-based, core curriculum and instructional materials, also provide technology-based materials as defined in statute. http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_1701-1750/ab_1742_bill_20100804_enrolled.pdf
Title: A.B. 1742
Source: www.leginfo.ca.gov
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| GA | Adopted 07/2010 | P-12 | Establishes rules for appropriate use of seclusion (including time-out) and restraint for all students, when necessary for student safety.
http://www.doe.k12.ga.us/_documents/doe/legalservices/160-5-1-.35.pdf
Title: 160-5-1-.35
Source: www.doe.k12.ga.us
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| IL | Signed into law 07/2010 | P-12 | Provides that a child with a disability who receives residential and educational services from or paid by the department of human services is eligible to receive transition services (rather than transition services provided by the state board of education) from the age of 14.5 through age 21, regardless of the child's residential services arrangement. Directs the department of human services to review its policies and regulations that create obstacles to the provision of these services and, within the constraint of existing federal or state law, change or modify the policies and regulations to support the provision of transition services in accordance with Article 14 of the School Code. Defines "child with a disability" as a child with a disability as defined by the federal Individuals with Disabilities Education Improvement Act of 2004 (rather than persons who are 22 years old or younger and are afflicted with a disability as defined by the Americans with Disabilities Act of 1990 that is attributable to a developmental disability, a mental illness, a physical disability or a combination of those). http://www.ilga.gov/legislation/publicacts/96/PDF/096-1189.pdf
Title: H.B. 5688
Source: www.ilga.gov
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| NY | Signed into law 07/2010 | P-12 | Extends the law allowing physical therapy assistants to provide services in public and private primary and secondary schools to 2015. http://assembly.state.ny.us/leg/?default_fld=%0D%0A&bn=A09959&Summary=Y&Actions=Y&Memo=Y&Text=Y
Title: A.B. 9959
Source: assembly.state.ny.us
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| AK | Adopted Text or Summary of Text 06/2010 | P-12 | The Department of Education & Early Development proposes to adopt regulation changes in Title 4 of the Alaska Administrative Code, 4 AAC 06.775(i) having to do with the Nonstandardized Assessment Administrative Manual. The district's special education director or superintendent must approve the determination that a student is eligible for the nonstandardized assessment. If eligible, the district must apply to the state department of education for approval of a nonstandardized assessment. The district must file the request for approval no later than September 30 of the school year in which the student expects to graduate. If approved, the district must administer the assessment as provided in the Participation Guidelines and sent it to the department for review no later than March 15. The department will follow the procedures described in the Guidelines to determine whether the student has passed the assessment and they will evaluate the nonstandardized assessment under the department's document Alaska Nonstandardized Assessment Administrative Manual, dated June 2005 and adopted by reference.
http://www.touchngo.com/lglcntr/akstats/aac/title04/chapter006/section775.htm
Title: 4 AAC 06.775
Source: http://www.touchngo.com/lglcntr/akstats
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| CA | Signed into law 06/2010 | P-12 | Respectfully memorializes the Congress and the President of the United States to enact one of the bills pending before Congress that would fully fund the federal Individuals with Disabilities Education Act. http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0001-0050/ajr_31_bill_20100628_chaptered.pdf
Title: A.J.R. 31
Source: www.leginfo.ca.gov
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| CT | Signed into law 06/2010 | P-12 | Establishes a task force to study individualized educational programs (IEPs); Requires the task force to: (1) Examine the existing processes and procedures for the development and administration of IEPs; (2) Examine relevant federal laws and propose legislation that codifies such federal laws into state law; (3) Reevaluate existing IEPs under federal law standards; (4) Examine the training required for personnel administering IEPs and develop ways in which such training can be included in professional development for certified employees; (5) Develop a program for the auditing of IEPs at the district level; and (6) Examine ways in which to address issues of noncompliance by personnel and districts in the administration of IEPs. http://www.cga.ct.gov/2010/ACT/SA/2010SA-00009-R00HB-05426-SA.htm
Title: HB 5426
Source: http://www.cga.ct.gov
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| FL | Signed into law 06/2010 | P-12 | Revises provisions relating to John M. McKay Scholarships for Students with Disabilities Program; authorizes the commissioner of education to deny, suspend, or revoke private school's participation in the scholarship program if owner or operator of such school has operated educational institution in this state or another in manner contrary to health, safety, or welfare of public, etc. http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h1505er.docx&DocumentType=Bill&BillNumber=1505&Session=2010
Title: H.B. 1505 - Sec. 1
Source: www.myfloridahouse.gov
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| FL | Signed into law 06/2010 | P-12 | Establishes standards and procedures regarding the use, monitoring, and documentation and reporting of seclusion and restraint on students with disabilities; prohibits school personnel from using a mechanical physical restraint on a student or manual physical restraint that restricts a student's breathing; also prohibits school personnel from closing, locking, or physically blocking a student in a room that is unlit and does not meet the rules of the state fire marshal for seclusion time-out rooms; requires a school to prepare an incident report within 24 hours after a student is released from a restraint or seclusion; requires incident reports to be provided to the department of education each month that the school is in session; requires schools to notify the parent or guardian of the student in writing before the end of the school day each time restraint or seclusion is used; requires school districts to develop policies and procedures regarding incident-reporting, data collection, and monitoring and reporting of data collected; requires each school district to provide the required policies and procedures to the department of education no later than January 31, 2011. http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h1073er.docx&DocumentType=Bill&BillNumber=1073&Session=2010
Title: H.B. 1073 - Sec. 4
Source: http://www.myfloridahouse.gov
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| FL | Signed into law 06/2010 | P-12
Postsec. | Requires regional autism centers (located at 7 state colleges and universities) to coordinate and disseminate local and regional information regarding available services for children with developmental disabilities; requires autism centers to support state agencies in developing training for early child care providers and educators regarding developmental disabilities. http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h1073er.docx&DocumentType=Bill&BillNumber=1073&Session=2010
Title: H.B. 1073 - Sec. 5
Source: http://www.myfloridahouse.gov
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| FL | Signed into law 06/2010 | P-12 | Requires the commissioner of education to develop recommendations for incorporating training related to autism and other developmental disabilities into continuing education or inservice training requirements for instructional personnel; requires recommendations to address specific topics and beginning with the 2010-2011 school year; requires the department of education to incorporate the course curricula recommended by the commissioner into existing requirements for the continuing education and inservice training of instructional personnel; grants the state board of education rulemaking authority for the continuing education and inservice requirements related to teaching students with developmental disabilities. http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h1073er.docx&DocumentType=Bill&BillNumber=1073&Session=2010
Title: H.B. 1073 - Sec. 6
Source: http://www.myfloridahouse.gov
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| FL | Signed into law 06/2010 | P-12 | Creates a new statutory section regarding specialized instructional services for children with disabilities; details eligibility requirements for specialized instructional services; allows the parent of a child eligible for the prekindergarten program for children with disabilities to select one or more specialized instructional services that are consistent with the child's individual educational plan; requires the state department of education to approve specialized instructional service providers whose servies meet certain standards.
http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h1505er.docx&DocumentType=Bill&BillNumber=1505&Session=2010
Title: H.B. 1505 - Sec. 4
Source: www.myfloridahouse.gov
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| FL | Signed into law 06/2010 | Postsec.
Community College | Permits a state university or community college to waive tuition and fees for a classroom teacher, who is employed full-time by a school district and who meets the academic requirements established by the community college or state university, for up to 6 credit hours per term on a space-available basis; limites such courses to undergraduate courses related to special education, mathematics, or science; prohibits the waiver from being used for courses scheduled during the school district's regular school day. http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0723er.docx&DocumentType=Bill&BillNumber=0723&Session=2010
Title: HB 723
Source: http://www.myfloridahouse.gov
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| FL | Signed into law 06/2010 | P-12 | Establishes a waiver from the results of end of course (EOC) assessments for certain students with disabilities. Requires restraint or seclusion incident reports to include age, grade, and ethnicity. Establishes an auditory-oral education program. Adds services by a certified listening and spoken language specialist to the special education services that may be provided to a child with disabilities. Requires the state department of education to review and revise the matrix of services for exceptional students and implement any changes by the 2012-13 school year.
http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h1255er.docx&DocumentType=Bill&BillNumber=1255&Session=2011
Title: H.B. 1255 - Sec. 8, 10, 15, 16
Source: http://www.myfloridahouse.gov
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| GA | Vetoed 06/2010 | P-12 | Revises and clarifies language relating to the organization of schools serving grades 6, 7 and/or 8. Provides that schools serving any of those grades qualify for the middle school program for students. Eliminates provision that for students not performing on grade level, the minimum 5 hours of instruction that middle schools must provide must include remedial academic instruction in English/language arts, reading, math, science or social studies as required to bring such students to grade level performance. Eliminates provision allowing middle schools to submit a waiver request to the state board to schedule a minimum of 4.5 hours of academic instruction (instead of 5), and requiring the state board to grant such a request if the school has achieved an acceptable rating for the preceding year.
Amends provisions related to the scholarship program for K-12 special needs students. Requires specific eligibility notice to be provided to parents of students with a disability each January and April via letter, e-mail and, if the school system utilizes automated telephone calls, by such automated system. Also requires the district to ensure that a student is notified at each IEP meeting. Requires the department to provide scholarship application deadline opportunities on August 1, October 1 and March 1 of each school year for a student to transfer. Requires that quarterly scholarship payments from the department be paid in equal amounts, and that if a student enrolled in the participating school after the school's start date, on or before specified dates for students entering a school during each of four specified quarters. Specifies payment procedures if a quarterly payment date is missed because a student had not been enrolled in a school at least 10 days in the prior quarter.
Bill text: http://www.legis.state.ga.us/legis/2009_10/pdf/hb907.pdf
Governor's veto message: HB 907 was originally intended to allow additional flexibility for management of middle schools, which I support. During the legislative process, however, language from another bill was added which imposes onerous requirements on the Department of Education regarding the Special Needs Voucher, most significant of which was the unqualified requirement to pay such vouchers in four equal quarterly payments. In a budget environment as challenging as this one – an environment in which public schools are being forced to operate on smaller budgets – it is not appropriate to tie administrators' hands and require them to fund vouchers fully as they seek budget flexibility elsewhere during these uncertain economic times. For these reasons, I VETO HB 907. (From http://gov.georgia.gov/00/press/detail/0,2668,78006749_160096907_160291947,00.html)
Title: H.B. 907
Source: www.legis.state.ga.us
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| LA | Signed into law 06/2010 | P-12 | Establishes a school choice pilot program in certain parishes for certain students with special needs the opportunity to attend schools of their parents' choosing. Provides for the purpose of the program; ligibility requirements for participating students and nonpublic schools.
http://www.legis.state.la.us/billdata/streamdocument.asp?did=722085
Title: H.B. 216
Source: http://www.legis.state.la.us
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| LA | Signed into law 06/2010 | P-12 | Requires the State Board of Elementary and Secondary Education to adopt guidelines for the use of seclusion, physical restraint, and mechanical restraint of certain students.
http://www.legis.state.la.us/billdata/streamdocument.asp?did=722518
Title: H.B. 405
Source: http://www.legis.state.la.us/
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| NH | Signed into law 06/2010 | P-12 | This bill clarifies school district financial liability for special education and related services provided to a child.
http://www.gencourt.state.nh.us/legislation/2010/SB0520.html
Title: S.B. 520
Source: http://www.gencourt.state.nh.us
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| NH | Signed into law 06/2010 | P-12
Postsec. | Requires each county correctional facility to designate one person to serve as the contact person for all matters related to special education for incarcerated inmates up to the age of 21. County correctional facilities will be monitored according to any interagency agreements established between the department of education and the county correctional facility. Granite State high school will comply with requirements for the special school district in the department of corrections.
http://www.gencourt.state.nh.us/legislation/2010/SB0311.html
Title: S.B. 311
Source: http://www.gencourt.state.nh.us
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| OK | Signed into law 06/2010 | P-12 | Creates the Lindsey Nicole Henry Scholarships for Students with Disabilities Program. Provide a scholarship to a private school of choice for students with disabilities for whom an individualized education program (IEP) in accordance with the Individuals with Disabilities Education Act (IDEA) has been developed. Scholarships are to be awarded beginning with the 2010-2011 school year. Allows the parent or legal guardian of a public school student with a disability may exercise their parental option and request to have a Lindsey Nicole Henry Scholarship awarded for the child to enroll in and attend a private school.
http://webserver1.lsb.state.ok.us/2009-10bills/HB/HB3393_ENR.RTF
Title: H.B. 3393
Source: http://webserver1.lsb.state.ok.us
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| RI | Signed into law 06/2010 | P-12 | Extends the reporting deadline for the Special Joint Commission to Study the Education of Children with Autism, created during the 2009 legislative session, to January 26, 2011. Provides said commission will expire on June 28, 2011. http://www.rilin.state.ri.us/PublicLaws/law10/res10/res10368.htm
Title: H.R. 7253
Source:
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| AZ | Signed into law 05/2010 | P-12
Postsec. | Exempts private schools approved by the department of education's division of special education prescribed in the pupil's individualized education program from rules adopted by the state board of education prior to 11/24/09.
Changes the office of the county school superintendent from a local education service agency to a local education agency.
Removes requirement that district open enrollment policies be filed with the department of education and requires district policies for open enrollment to be posted on the district's website and available to the public upon request.
Reduces the amount of time pupils in grades seven and eight must be enrolled in an instructional program from 1068 hours to at least 1000 hours beginning in fiscal year 2010-2011.
Requires the board of regents, in consultation with the community college districts in Arizona, to develop and implement common equivalencies for specific levels of achievement on advanced placement examinations and international baccalaureate examinations offered in the state's high schools in order to award commensurate postsecondary academic credits at community colleges and public universities in the state.
Repeals the College and Career Readiness Task Force enacted last year. Chapter 332
http://www.azleg.gov/legtext/49leg/2r/bills/hb2725s.pdf
Title: H.B. 2725--Multiple Provisions
Source: http://www.azleg.gov/legtext/49leg/2r/bills/hb2725s.pdf
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| 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
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| 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
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| VT | to governor 05/2010 | P-12 | This section of the bill seeks to ensure that a secondary student with a disability has the opportunity to join his or her age-appropriate peers in all senior-year activities and ceremonies even if the student's individualized education plan (IEP), 504 plan, or both anticipate that the student will need more than four years in which to complete all graduation requirements.
http://www.leg.state.vt.us/docs/2010/bills/Passed/H-066.pdf
Title: H.B. 66 - High School Seniors with Disabilities Section
Source: http://www.leg.state.vt.us
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| MD | Signed into law 04/2010 | P-12 | Requires that appropriate school personnel provide the parents of a child with a disability with accessible copies of all documents relating to the development of an individualized education program (IEP) at least 5 business days before a scheduled meeting. However, documents prepared by a school psychologist or other medical professional that are to be discussed at the meeting may be provided to the parents orally and in writing prior to the meeting. Not later than 5 business days after a scheduled meeting, appropriate school personnel must provide the parents of the child with a copy of the completed IEP or, if it has not been completed, a draft copy of the IEP. The completed or draft IEP must be provided to the parents in an accessible format. The bill takes effect July 1, 2010. http://mlis.state.md.us/2010rs/bills/hb/hb0269e.pdf
Title: H.B. 269
Source: http://mlis.state.md.us
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| MD | Signed into law 04/2010 | P-12 | Requires the state board of education to establish standards for the mastery of Braille for use in English, language arts, and mathematics instruction of students who are blind or visually impaired in pre-kindergarten through grade 12 by September 1, 2012. By September 1, 2013, the state board and the Professional Standards and Teacher Education Board must review and, as appropriate, modify certification and recertification requirements for teachers of students who are blind or visually impaired. http://mlis.state.md.us/2010rs/bills/hb/hb0413e.pdf
Title: H.B. 413
Source: http://mlis.state.md.us
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| MD | Signed into law 04/2010 | P-12 | Requires the state department of education to review the Alternate School Assessment, survey certain teachers regarding satisfaction or lack thereof and solicit recommendations as part of the review. http://mlis.state.md.us/2010rs/bills/sb/sb0557t.pdf
Title: S.B. 557
Source: http://mlis.state.md.us
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| NE | Signed into law 04/2010 | P-12 | Changes provisions relating to payment for educational services; defines and redefines terms under the Special education Act; relates to determinations of a student's resident district.
http://www.nebraskalegislature.gov/FloorDocs/Current/PDF/Slip/LB1087.pdf
Title: L.B. 1087
Source: http://www.nebraskalegislature.gov
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| OH | Adopted 04/2010 | P-12 | 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 continued provision of special education and related services, the district:
(a) Must discontinue providing special education and related services to the child, and must provide prior written notice before ceasing provision of special education and related services
(b) Should not use the procedures in Subpart E of Part B of the IDEA, including the mediation procedures or the due process procedures described in state administrative code, to obtain agreement or a ruling that the services must be provided to the child
(c) Should not be considered to be in violation of the requirement to make FAPE available to the child for the failure to provide the child with further special education and related services
(d) Should not be required to convene an individualized education program (IEP) team meeting or develop an IEP pursuant to administrative code for the child for further provision of special education and related services. http://www.registerofohio.state.oh.us/pdfs/3301/0/51/3301-51-05_PH_FF_A_RU_20100414_0849.pdf
Title: OAC 3301-51-05
Source: www.registerofohio.state.oh.us
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| VA | Signed into law 04/2010 | P-12 | Requires the Department of Behavioral Health and Developmental Services, in coordination with the Department of Rehabilitative Services and other partner agencies, to develop pilot programs to assist individuals with Autism Spectrum Disorders to obtain and sustain employment and to offer education and training to employers.
http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+CHAP0307+pdf
Title: H.B. 1099
Source: http://leg1.state.va.us
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| IA | Signed into law 03/2010 | P-12 | Provides that if a child requiring special education reaches the age of 21 during an academic year, the child may elect to receive special education services until the end of the academic year; specifies that when a child requiring special education attains the age of majority or is incarcerated certain rights accorded to the parent or guardian transfer to the child; relates to eligibility for the weighting plan.
http://coolice.legis.state.ia.us/linc/SF2291_Enrolled.pdf
Title: S.B. 2291
Source: http://coolice.legis.state.ia.us
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| MD | Adopted 03/2010 | P-12 | Ensures that students with disabilities have an opportunity to try out for and if selected participate in athletic programs, provide reasonable accommodations to allow athletic opportunities, and provide corollary athletic programs. http://www.dsd.state.md.us/comar/comarhtml/13a/13a.06.03.04.htm
Title: COMAR 13A.06.03.04
Source: http://www.dsd.state.md.us/comar
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| ME | Signed into law 03/2010 | P-12 | Provides for access to instructional materials and online learning for students with disabilities; requires access to Braille for instruction. http://www.mainelegislature.org/legis/bills/bills_124th/chapters/PUBLIC508.asp
Title: S.B. 588 - Sec. 5
Source: http://www.mainelegislature.org
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| MS | Signed into law 03/2010 | P-12 | Relates to testing instruments and procedures for students with disabilities. Clarifies accommodation.
http://billstatus.ls.state.ms.us/documents/2010/pdf/SB/2500-2599/SB2520SG.pdf
Title: S.B. 2520
Source: http://billstatus.ls.state.ms.us
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| NM | Signed into law 03/2010 | P-12 | Requires interventions for students displaying characteristics of dyslexia; provides that a parent of a student referred to a student assistance team shall be informed of the parent's right to request an initial special education evaluation; requires the Department of Education to provide technical assistance for special education diagnosticians and other special education professionals regarding the formal special education evaluation of students suspected of having dyslexia.
http://nmlegis.gov/Sessions/10%20Regular/final/HB0230.pdf
Title: H.B. 230
Source: http://nmlegis.gov/
| |
| UT | Signed into law 03/2010 | P-12 | Creates an Autism Awareness support special group license plate for programs that create or support autism awareness programs. Requires applicants for a new plate to make a $25 annual donation to the Autism Awareness Restricted Account. Creates the Autism Awareness Restricted Account. Requires the superintendent of public instruction to distribute funds in the Autism Awareness Restricted Account to certain organizations that provide programs that create or support autism awareness programs. Grants the state board of education rulemaking authority to make rules providing procedures for an organization to apply to receive a distribution. http://le.utah.gov/~2010/bills/hbillenr/hb0327.pdf
Title: H.B. 327
Source: le.utah.gov
| |
| VA | Signed into law 03/2010 | P-12 | Authorizes a court to award reasonable attorney fees and costs to a prevailing party, who is the parent of a child with a disability, in a civil action he is allowed to bring before the court because he is aggrieved by earlier findings and a decision resolving a dispute as to program placements, individualized education programs, tuition eligibility and other matters.
http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+SB46ER+pdf
Title: S.B. 46
Source: http://leg1.state.va.us/
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| DE | Signed into law 02/2010 | P-12 | Requires courts, administrative tribunals, school districts and schools to use the definition of "free and appropriate education" with respect to disabled children that has been enumerated for this region of the country by the U.S. Third Circuit Court of Appeals.
http://legis.delaware.gov/LIS/lis145.nsf/vwLegislation/HB+328/$file/legis.html?open
Title: H.B. 328
Source: http://legis.delaware.gov
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| DE | Signed into law 02/2010 | P-12 | Aligns state law with the federal requirements of the reauthorized Individuals With Disabilities Education Act relating to the content of prior written notice, the requirements for the appointment of educational surrogates, and the applicable timelines for an administrative due process hearing. Changes the terminology of "handicapped person" to "child with a disability" to reflect the change in federal law and the preferred "people first" language. In addition, this Act clarifies that a child with a disability who attains the age of 21 during a school year, may continue and complete the school year.
http://legis.delaware.gov/LIS/lis145.nsf/vwLegislation/HB+396/$file/legis.html?open
Title: H.B. 396
Source: http://legis.delaware.gov
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| DE | Signed into law 02/2010 | P-12 | This bill provides for certain notice provisions concerning due process hearings involving children with disabilities relating to education of those children. Additionally, the bill provides that before a school district can appeal the decision of a due process hearing, a majority of the school board for such district must by affirmative vote decide to appeal.
http://legis.delaware.gov/LIS/lis145.nsf/vwLegislation/HB+244/$file/legis.html?open
Title: H.B. 387
Source: http://legis.delaware.gov
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| DE | Signed into law 02/2010 | P-12 | Requires school board members to receive training concerning special education due process hearings.
http://legis.delaware.gov/LIS/lis145.nsf/vwLegislation/HB+386/$file/legis.html?open
Title: H.B. 386
Source: http://legis.delaware.gov
| |
| VA | Signed into law 02/2010 | P-12 | Requires the Board of Education to amend its regulations establishing Standards for Accrediting Public Schools in Virginia as they relate to homebound instructional services to include that homebound instruction shall be made available to students based on a certification of need by a licensed clinical social worker.
http://leg1.state.va.us/cgi-bin/legp504.exe?101+ful+HB257ER+pdf
Title: H.B. 257
Source: http://leg1.state.va.us/
| |
| GA | Adopted 01/2010 | P-12 | New Rule 160-5-1-.34 has been adopted, governing the Georgia Special Needs Scholarship Program. http://www.doe.k12.ga.us/_documents/doe/legalservices/160-5-1-.34.pdf
Title: 160-5-1-.34
Source: www.doe.k12.ga.us
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| NJ | Signed into law 01/2010 | P-12 | Establishes New Jersey Special Education and Traumatic Brain Injury Task Force to study instructional practices and strategies that improve recognition of, and benefit students with, a traumatic brain injury and examine the ways in which current State policies affect this population. Defines membership and duties of the task force.
http://www.njleg.state.nj.us/2008/Bills/A4500/4270_R1.PDF
Title: A.B. 4270
Source: http://www.njleg.state.nj.us
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| RI | Signed into law 11/2009 | P-12 | Creates the Autism Spectrum Disorder Education Act. Requires the state departments of health, education, and human services to implement programs and plans to address the state's declared autism public policy emphasizing awareness, screening, and early intervention; provides for a needs assessment document to be used for sampling in the public schools to differentiate between what student needs are being met and not being met; requires instructional models for embedding in pre-service courses. Public Law No. 2009-201
http://www.rilin.state.ri.us/billtext09/housetext09/h5266a.pdf
Title: H.B. 5266
Source: http://www.rilin.state.ri.us
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| CA | Signed into law 10/2009 | Postsec. | Relates to existing law which requires publishers and manufacturers of printed instructional material for use at public postsecondary educational institutions to provide the material in an electronic format for use by a disabled student. Requires publishers to provide a captioned format of instructional materials or an electronic format of those materials and a license to create a captioned format. Authorizes a postsecondary education institution to create a captioned format if a license is provided. http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0351-0400/ab_386_bill_20091011_chaptered.pdf
Title: A.B. 386
Source: www.leginfo.ca.gov
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| IL | Signed into law 08/2009 | P-12 | Requires the Advisory Council on the Education of Children with Disabilities and the Advisory Council on the Education of Gifted and Talented Children to research and discuss best practices for addressing the needs of children who are gifted and talented and have a disability. Directs the councils to jointly provide recommendations to the state board of education concerning state board provision of technical assistance to school districts on strategies to provide teacher education and training to assist such students, and on establishing guidelines for unique programming for such students. http://www.ilga.gov/legislation/96/HB/PDF/09600HB0900lv.pdf
Title: H.B. 900
Source: www.ilga.gov/legislation
| |
| IL | Signed into law 08/2009 | P-12 | Amends the Children with Disabilities Article of the School Code. Amends job titles defined under staff working on behalf of children who have not been identified as eligible for special education and for eligible children with physical disabilities, including in hospital or home instruction. Amends provisions related to reimbursement for personnel and transportation costs for such students. Specifies criteria a child must meet to qualify for home or hospital instruction. Repeals certain provisions related to reimbursement for each school psychologist and qualified teacher working in a program for children of preschool age who are deaf or hard-of-hearing. http://www.ilga.gov/legislation/96/HB/PDF/09600HB1190lv.pdf
Title: H.B. 1190
Source: www.ilga.gov
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| IL | Signed into law 08/2009 | P-12 | Adds contracts providing for the transportation of pupils with special needs or disabilities to the list of exceptions to the requirement that certain contracts be awarded to the lowest responsible bidder. Provides that these contracts must be advertised in the same manner as competitive bids and awarded by first considering the bidder or bidders most able to provide safety and comfort for the pupils with special needs. http://www.ilga.gov/legislation/96/HB/PDF/09600HB2362lv.pdf
Title: H.B. 2362
Source: Lexis-Nexis/StateNet
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| IL | Signed into law 08/2009 | P-12 | 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 and scope to an educational facility for the purpose of conducting an evaluation of the child, the child's performance, the child's current or proposed educational program, placement, services or environment. Allows a school district to limit interviews to personnel. http://www.ilga.gov/legislation/96/HB/PDF/09600HB0628lv.pdf
Title: H.B. 628
Source: www.ilga.gov
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| IL | Signed into law 08/2009 | P-12 | Creates the MRSA Prevention, Control, and Reporting Act to to improve the prevention of infections due to methicillin-resistant Staphylococcus aureus (MRSA). Establishes prevention, control, and reporting requirements for developmental centers, residential schools for the deaf and visually impaired, correctional centers, work camps or boot camps, and Department of Juvenile Justice operated juvenile centers or boot camps. Requires guidelines to include requirements for screening and surveillance, education and training, hygiene, sanitation and infection control. http://www.ilga.gov/legislation/96/HB/PDF/09600HB0185lv.pdf
Title: H.B. 185
Source: Lexis-Nexis/StateNet
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| IL | Signed into law 08/2009 | P-12 | In a section allowing school boards to enter into joint agreements with other school boards with respect to special education matters, provides that an amendment to an agreement may include the removal of a school district from or the addition of a school district to the joint agreement without a petition as otherwise required in the Section if all member districts adopt concurring resolutions to that effect. Makes changes concerning a petition for withdrawal of a district from the joint agreement, including requiring the hearing on the petition to be in accordance with state board of education rules and changing how the vote on approval of the petition is determined. Provides that the changes made by the amendatory Act apply to all changes to special education joint agreement membership initiated after July 1, 2009. Provides that the contract of a director of a joint agreement program may not be offered or accepted for less than one year or more than 3 years (instead of for less than or more than 3 years). Effective immediately. http://www.ilga.gov/legislation/publicacts/96/PDF/096-0769.pdf
Title: H.B. 809
Source: www.ilga.gov
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| IL | Signed into law 08/2009 | P-12 | Amends the Local Government Property Transfer Act to include in the definition of "transferee municipality" two or more districts operating a cooperative or joint educational program for purposes of providing special education services. Replaces references to "school psychologist" employed under such joint agreements with references to "professional worker" and eliminates provision that director of such program may be employed under a multi-year contract. Provides that joint agreements among school boards must include the method(s) to be employed for disposing of property upon the withdrawal of a school district or dissolution of the joint agreement. Clarifies that joint agreements must employ a full-time director of special education (prior legislation did not specify "full time" or director "of special education"). Repeals provision prohibiting any director's contract for extending longer than three years, as well as provision specifying that a contract renewal must be for a three-year period.
Repeals provision that a district may withdraw from a joint agreement for provision of special education services by by petition to the regional board of school trustees. Provides procedure for a withdrawing district to remove itself from a joint agreement.
Requires existing agreements to come into compliance with this Act. http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=096-0783&GA=96
Title: S.B. 611 - Joint Agreements to Provide Special Education Services
Source: www.ilga.gov
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| NY | Signed into law 08/2009 | P-12 | Creates a residential care off-site facility demonstration project to assess reimbursement methodologies and delivery methods in conjunction with the provision of physical, occupational and speech therapy and related education services provided by a licensed professional employed at an off-site facility operated by a residential health care facility. http://assembly.state.ny.us/leg/?bn=A06818&sh=t
Title: A.B. 6818
Source: Lexis-Nexis/StateNet
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| NY | Signed into law 08/2009 | P-12 | Makes technical changes to eligibility requirements of parent and high school senior members of the city-wide council on special education in New York City. http://assembly.state.ny.us/leg/?bn=A08903&sh=t
Title: A.B. 8903 - City-Wide Council on Special Education
Source: assembly.state.ny.us
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| AZ | Signed into law 07/2009 | P-12 | Establishes a task force on best practices in special education and behavior management; relates to training for teaches and classroom aids, parental notice requirements concerning disciplinary actions, charter schools and public meetings. Chapter 62
http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/1r/summary/h.sb1197_07-01-09_astransmittedtogovernor.doc.htm
Title: S.B. 1197
Source: http://www.azleg.gov
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| DC | Emergency Rule Re-Adoption 07/2009 | P-12 | Reflects the status of current law with a clear enunciation of charter school special education responsibilities. http://www.osse.dc.gov/seo/lib/seo/DCMR_Notice.pdf
Title: DCMR Title 5, Chapter 30, Section 3019
Source: www.osse.dc.gov
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| RI | Signed into law 07/2009 | P-12 | Creates a special Joint Commission to make a comprehensive study of the education of children with autism and to report back to the General Assembly. (Resolution No. 2009-334)
Title: H.B. 5691
Source: Lexis-Nexis/StateNet
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| RI | Became law without governor's signature 07/2009 | P-12 | Creates a special joint commission whose purpose it would be to make a comprehensive study of the education of children with autism in the state and who would report back to the General Assembly. Resolution No. 2009-336
Title: S.B. 716
Source: Lexis-Nexis/StateNet
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| CT | Adopted 06/2009 | P-12 | Addresses the use of physical restraining and seclusion in public schools for children who are or may be eligible for special education.
http://www.cga.ct.gov/2009/pub/chap164.htm#Sec10-76b.htm
Title: RCSA 10-76b-5 thru -11
Source: http://www.cga.ct.gov
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| ME | Signed into law 06/2009 | P-12 | Directs the Department of Education to develop a program model for children with autism spectrum disorder to be used statewide in elementary and secondary schools and submit its report to the Joint Standing Committee on Education and Cultural Affairs by December 2, 2009.
http://www.mainelegislature.org/legis/bills/bills_124th/billpdfs/SP046101.pdf
Title: S.B. 461
Source: http://www.mainelegislature.org/
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| OR | Signed into law 06/2009 | P-12 | Directs the Superintendent of Public Instruction to close the State School for the Blind by a specified date; abolishes the school's Board of Directors; requires the development of individual comprehensive transition plans for students attending the school; requires proceeds from the sale of the school's property to be deposited in the Education Stability Fund; establishes the Blind and Visually Impaired Student Fund; limits the expenditure of revenues collected pursuant to the sale of the school. Chapter 562
http://www.leg.state.or.us/09reg/measpdf/hb2800.dir/hb2834.en.pdf
Title: H.B. 2834
Source: http://www.leg.state.or.us
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| TX | Signed into law 06/2009 | P-12 | Authorizes a person providing disability services to contract with a state school or state center to provide services and resources for individuals with developmental disabilities. Establishes circumstances under which a state school or state center may provide nonresidential services. http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB00748F.pdf
Title: H.B. 748
Source: www.legis.state.tx.us
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| TX | Signed into law 06/2009 | P-12 | Adds section 29.018. Directs the commissioner, using federal, appropriated state funds, or any other funds available, to make grants available to districts to help cover the cost of serving students with disabilities. Provides eligible districts are those with insufficient state and federal funds to cover the cost of serving an individual student or all students with disabilities. Requires districts receiving grants to report to the commissioner the amount of state/federal funds received to serve students with disabilities and the amount expended for such purpose. Allows district grant funds to go toward training personnel to provide special education services to a student with disabilities. Specifies that a recipient district must educate students with disabilities in the least restrictive environment that is appropriate to meet the student's educational needs. http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB03646F.pdf
Title: H.B. 3646 - Section 16
Source: www.legis.state.tx.us
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| TX | Signed into law 06/2009 | P-12 | New provision defines alleged offender resident as a person with mental retardation who is charged with or convicted of a criminal offense, or a child found to have engaged in delinquent conduct constituting a criminal offense. Establishes the Mexia State Supported Living Center as the forensic state supported living center. Adds Subchapter L, "School District Program for Residents of Forensic State Supported Living Center" to Chapter 29 of the Education Code. Requires a school district to provide educational services to each alleged offender resident of the forensic state supported living center who is under the age of 22 as of September 1 and otherwise eligible to attend school in the district. Establishes procedures for the determination of an alleged offender resident's educational placement and the educational services the district must provide the resident. Provides the discipline of an alleged offender resident by a school district is subject to Sections 37.0021 and 37.004 and to federal law governing the discipline of students with disabilities. Requires a district enrolling alleged offender residents to employ one or more behavior support specialists. Establishes criteria behavior support specialists must meet. Requires a behavior support specialist to conduct a functional behavior assessment for each alleged offender resident enrolled in the district. Establishes additional responsibilities of behavior support specialists. Requires a school district in which alleged offender residents are enrolled and the forensic state supported living center to enter into a memorandum of understanding on the services to be provided to students. Establishes arbitration procedures in the event a district and the forensic state supported living center are unable to agree on the services required for residents or responsibility for those services. Provides an additional allotment for each for each alleged offender resident in average daily attendance in the district. Requires a district receiving such an allotment to annually report to the state accounting for the expenditure of funds received. http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/SB00643F.pdf
Title: S.B. 643
Source: www.legis.state.tx.us
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| TX | Signed into law 06/2009 | P-12 | Defines "children with special needs" as children younger than 22 diagnosed with a chronic illness, intellectual or other developmental disability, or serious mental illness. Creates the Interagency Task Force for Children with Special Needs to improve the coordination, quality and efficiency of services for children and youth with special needs. Directs the task force, among other duties, to:
(1) Develop a coordinated strategic plan for improving service delivery for such children
(2) Coordinate with federal agencies to compile a list of opportunities to increase flexible funding for services for special needs children, including alternative funding sources and service delivery options
(3) Perform a needs assessment, including public hearings to identify service delivery gaps, system entry points and service obstacles.
Specifies actions the task force must take in the development of the strategic plan. Requires task force's strategic plan to provide recommendations to achieve specified goals, including improving families' ability to navigate the system through improved coordination between service providers and increased outreach. Directs the task force to submit a biennial report to the governor, lieutenant governor and speaker of the house, documenting each participating agency's progress in accomplishing the goals set forth in the legislation. Specifies additional content the report must include. Establishes September 2015 sunset provision. http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/SB01824F.pdf
Title: S.B. 1824
Source: www.legis.state.tx.us
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| AL | Signed into law 05/2009 | P-12
Postsec. | Specifies that the following provisions will become operative only when legislative funds are appropriated. Provides for the establishment of regional autism centers to offer nonresidential resource and training services for individuals of all ages with autism. Requires centers to coordinate services in and among state and local agencies and school districts; bars centers from duplicating services provided by those agencies or school districts. Provides for creation of a constituency board for each center, to work collaboratively with the centers and meet quarterly with center staff to provide advice on policies, priorities and activities. Specifies that each center must provide:
(1) Staff with expertise in autism and related disabilities.
(2) Individual and direct family assistance in the home, community and school. Requires each district to provide a free and appropriate education for school-age center clients, including preschool special education.
(3) Technical assistance and consultation services, including specific intervention and assistance for the client's family and the school district.
(4) Professional training programs for personnel who work with center clients and their families.
(5) Programs to increase public awareness about autism and related disabilities.
Provides that where possible, centers must be based on postsecondary campuses that submit a proposal to the Alabama Interagency Autism Coordinating Council.
Directs the Alabama Interagency Autism Coordinating Council, in cooperation with the state board and the regional autism centers, to adopt necessary rules to carry out the purposes of this act.
Title: H.B. 615
Source: www.lexis.com
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| IN | Signed into law 05/2009 | P-12 | Creates the board for the coordination of programs serving vulnerable individuals to coordinate the delivery of services to vulnerable individuals in need of services; requires the Superintendent of the Department of Education or designee to serve on the board. Board is to meet every two months and provide quarterly reports to the governor and the general assembly. Public Law 173 http://www.in.gov/legislative/bills/2009/PDF/HE/HE1289.1.pdf
Title: H.B. 1289 - Section 1
Source: http://www.state.in.us/legislative
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| MN | Signed into law 05/2009 | P-12 | Amends various aspects of dispute resolution between parents of special education students and schools/districts, including: additional requirements for written notice; concilliation conference; mediated agreements; impartial due process hearing; hearing officer qualifications; request for a hearing; burden of proof; hearing officer authority; expedited due process hearings; hearing offcer's decision; review of hearing officer decisions; enforcement of orders; hearing officer training; and district liability.
https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H0002.5.html&session=ls86
Title: H.F. 2
Source: https://www.revisor.leg.state.mn.us
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| MN | Signed into law 05/2009 | P-12 | Consistent with federal law and state suspension procedures, allows school personnel to suspend children with disabilities. Establishes parameters and procedures for suspensions of children with disabilities who have been suspended for more than five consecutive school days or ten cumulative schools days. Counts a dismissal of up to one school day as a day of suspension of children with disabilities do not receive regular or special education instruction during that time. Does not require notice for a one-day dismissal. Requires children with disabilities to be provided alternative education services when a suspension exceeds five consecutive school days. Establishes procedures a school district must follow before initiating an expulsion or exclusion of children with disabilities. Requires school districts to continue to provide special education and related services to children with disabilities who are excluded or expelled for misbehavior that is not a manifestation of their disability.
https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H0002.5.html&session=ls86
Title: H.F. 2
Source: https://www.revisor.leg.state.mn.us
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| MN | Signed into law 05/2009 | P-12 | Defines terms and amends policies pertaining to restrictive procedures for children with disabilities, including standards for restrictive procedures (including procedures plan, physical holding or seclusion, prohibitions, staff training and behavior supports).
https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H0002.5.html&session=ls86
Title: H.F. 2
Source: https://www.revisor.leg.state.mn.us
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| MO | Signed into law 05/2009 | P-12 | Requires school districts to allow certain students with disabilities to participate in graduation ceremonies after four years of high school attendance.
http://www.house.mo.gov/content.aspx?info=/bills091/bills/hb236.htm
Title: H.B. 236
Source: http://www.house.mo.gov
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| MO | Signed into law 05/2009 | P-12 | Requires the Department of Elementary and Secondary Education to produce "The Parents' Bill of Rights" to inform parents of children with individualized education programs of their educational rights under federal and state law by January 1, 2010. The publication must state it does not confer any right or rights beyond those conferred by federal or state law. In addition, the publication must state that it is only for informational purposes. The publication must contain ten points of information, as described in the act. Department must ensure that the content is consistent with legal interpretations of existing federal and state law and provides equitable treatment of all disability groups and interests. In addition, the Department must post a copy of it on its website and each school district must provide a copy of "The Parents' Bill of Rights" upon determining that a student qualifies for an individualized education program and at such time as a school district is required under state or federal law to provide the parent or parents with notice of procedural safeguards.
http://www.senate.mo.gov/09info/pdf-bill/tat/SB291.pdf
Title: S.B. 291--Parents' Bill of Rights
Source: http://www.senate.mo.gov
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| NE | Signed into law 05/2009 | P-12 | Statement of intent: Legislative Bill 549 is the K-12 education technical bill for 2009. Substantive changes would include reducing the time a district would be allowed to contract for the instruction of all students from 3 years to 2 years, adding a requirement for districts to provide transportation allowances to parents of students who live more than 3 miles from the pick up point for transportation provided by the school, authorizing statewide regional networks for the provision of services to children with disabilities, and revising procedures for appointing surrogate parents for children with disabilities. A public hearing requirement would also be eliminated for itemized estimates for environmental hazards, accessibility barrier elimination, or modifications for life safety code violations, indoor air quality, or mold abatement and prevention. The measure would clarify or make minor revisions to provisions for exempt schools, student transportation, option enrollment, student records, school district reporting requirements, school board meetings, school finance, reorganization of educational service units, and veteran education. The sections regarding the Nebraska Equal Opportunity for Displaced Homemakers Act, the Diagnostic Resource Center in Cozad, and the obsolete distribution formula for core service funding would be outright repealed.
http://www.nebraskalegislature.gov/FloorDocs/Current/PDF/Final/LB549.pdf
Title: L.B. 549
Source: http://www.nebraskalegislature.gov
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| OK | Signed into law 05/2009 | P-12 | Relates to autism; provides for the licensing of behavior analysts by the Department of Human Services; prohibits persons from using the title of behavior analyst unless they are licensed; provides funds to the Department of Education for specialized training for direct service providers in the Sooner Start program to acquire skills necessary to treat children with autism spectrum disorders; creates a program for early intensive behavioral intervention for children with autism.
http://webserver1.lsb.state.ok.us/2009-10bills/SB/SB135_ENR.RTF
Title: S.B. 135
Source: http://webserver1.lsb.state.ok.us
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| OK | Signed into law 05/2009 | P-12 | Directs the State Department of Education to provide training for special education hearing officers; requires hearing officers to complete the training by certain date; requires hearing officers to complete continuing education in certain time period.
http://webserver1.lsb.state.ok.us/2009-10bills/HB/HB1763_ENR.RTF
Title: H.B. 1763
Source: http://webserver1.lsb.state.ok.us
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| TX | Signed into law 05/2009 | P-12 | Establishes an autism spectrum disorders resource center to coordinate resources for individuals with autism and other pervasive developmental disorders and their families. Provides that the center must distribute information and research regarding autism, conduct training and development activities for persons who may interact with an individual with autism including school, medical or law enforcement personnel,coordinate with local entities and provide support for families.
Title: H.B. 1574
Source: Lexis-Nexis/StateNet
| |
| WY | Adopted 05/2009 | P-12 | Establishes emergency rules pertaining to the services for children with disabilities.
soswy.state.wy.us/AdminServices/Docs/09Rulesindex.pdf
Title: Chapter 7
Source: Lexis-Nexis/StateNet
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| AR | Signed into law 04/2009 | P-12 | Creates the Legislative Task Force on Autism to examine how the State responds to autism and autism spectrum disorders, determine and recommend the best practices and methods for treatment of those disorders, recommend how to obtain more federal funds for such treatment and to provide special education to children with those disorders and recommend to the General Assembly specific changes to the law.
http://www.arkleg.state.ar.us/assembly/2009/R/Acts/Act1272.pdf
Title: S.B. 938
Source: http://www.arkleg.state.ar.us/
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| IN | Signed into law 04/2009 | P-12 | Relates to autism training; requires certain firefighter and law enforcement personnel to be trained in interacting with individuals with autism; provides that the Department of Education shall create a document explaining aspects of autism including behaviors that students with autism may exhibit; provides that the document is to be distributed to school corporations for distribution to noncertificated employees. Public Law 93
http://www.in.gov/legislative/bills/2009/pdf/he/he1455.1.pdf
Title: H.B. 1455
Source: http://www.in.gov
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| NM | Signed into law 04/2009 | P-12 | Clarifies the state's responsibility to provide special education services; requires Public Education Department participation in development of agreements between school districts and private training centers and residential treatment programs; requires student identification numbers for students attending training centers and residential treatment programs; requires such centers to provide reasonable physical space for educational programs.
http://nmlegis.gov/Sessions/09%20Regular/final/HB0199.pdf
Title: H.B. 199
Source: http://nmlegis.gov/
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| WA | Signed into law 04/2009 | P-12 | Provides for the delivery of educational services to children who are deaf and hearing impaired; establishes the Washington state center for childhood deafness and hearing loss at Vancouver, Clark County; provides that the center shall be housed at and shall include the school and related facilities formerly known as the state school for the deaf; abolishes the state school for the deaf and transfers its powers, duties, and functions to the Washington state center for childhood deafness and hearing loss. Chapter 381
http://apps.leg.wa.gov/documents/billdocs/2009-10/Pdf/Bills/House%20Passed%20Legislature/1879-S.PL.pdf
Title: H.B. 1879
Source: http://apps.leg.wa.gov
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| AR | Signed into law 03/2009 | P-12 | Ensures students categorized with behavioral disabilities in other states are promptly and adequately placed in the state public school system.
http://www.arkleg.state.ar.us/assembly/2009/R/Bills/SB238.pdf
Title: S.B. 238
Source: http://www.arkleg.state.ar.us
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| CA | Adopted Rule Filing 03/2009 | P-12 | Amends rules pertaining to special education and nonpublic schools. Clarifies requirements for certification of California nonpublic schools and agencies. Increases monitoring of nonpublic schools and agencies and aligns nonpublic schools and agency requirements for certification to the public school standards of instructional materials and qualified personnel. Clarifies consistent procedures and criteria in the administration of California's nonpublic school and agency certification program to ensure that affected public and private agencies and interested persons are informed of their rights and responsibilities in the certification process.
Title: Title 5 CCR Sec(s) 3001, 3051, 3060, 3061, 3062, 3063, 3064, 3065, 3066, 3067, 3068, 3069, 3070
Source: Lexis-Nexis/StateNet
| |
| MS | Signed into law 03/2009 | P-12 | Relates to federal Individuals with Disabilities Education Act (IDEA); provides that all references in the laws of this state to the Individuals with Disabilities Education Act or to the IDEA shall be construed to include any subsequent amendments to that act.
http://billstatus.ls.state.ms.us/documents/2009/pdf/HB/0500-0599/HB0524SG.pdf
Title: H.B. 524
Source: http://billstatus.ls.state.ms.us
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| NY | Adopted 03/2009 | P-12 | Moves the date for required use of state forms for (1) individualized education programs, (1) prior written notice and (3) meeting notice from January 1, 2009 to September 1, 2009.
Title: Title 8 NYCRR 200.4 and 200.5
Source: www.lexis.com
| |
| OH | Adopted 03/2009 | P-12 | Rescinds and re-establishes rules regarding the Autism Scholarship Program. Relates to application and eligibility; responsibilities of a school district of residence; and application and participation of providers.
3301-103-01 Definitions: http://www.registerofohio.state.oh.us/pdfs/3301/0/103/3301-103-01_PH_FF_N_RU_20090313_1154.pdf
3301-103-02 Autism scholarship program established: http://www.registerofohio.state.oh.us/pdfs/3301/0/103/3301-103-02_PH_FF_N_RU_20090313_1154.pdf
3301-103-03 Application and eligibility to receive a scholarship: http://www.registerofohio.state.oh.us/pdfs/3301/0/103/3301-103-03_PH_FF_N_RU_20090313_1154.pdf
3301-103-04 Responsibilities of a school district of residence: http://www.registerofohio.state.oh.us/pdfs/3301/0/103/3301-103-04_PH_FF_N_RU_20090313_1154.pdf
3301-103-05 Program participation: http://www.registerofohio.state.oh.us/pdfs/3301/0/103/3301-103-05_PH_FF_N_RU_20090313_1154.pdf
3301-103-06 Application and participation of providers: http://www.registerofohio.state.oh.us/pdfs/3301/0/103/3301-103-06_PH_FF_N_RU_20090313_1154.pdf
3301-103-07 Payment under the Autism Scholarship Program: http://www.registerofohio.state.oh.us/pdfs/3301/0/103/3301-103-07_PH_FF_N_RU_20090313_1154.pdf
Title: OAC 3301-103-01 thru -08
Source: www.lexis.com
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| SD | Signed by Governor 03/2009 | P-12 | Clarifies the school residence of a child assigned to an approved out of district special education residential or tuition day program when the residence of the child's parent or guardian changes.
http://legis.state.sd.us/sessions/2009/Bills/SB101ENR.pdf
Title: S.B. 101
Source: http://legis.state.sd.us
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| UT | Signed into law 03/2009 | P-12 | Modifies provisions of the Carson Smith Scholarships for Students with Special Needs Act, which provides funds for a child with a disability to attend a private school. Requires parents of eligible to be notified of the availability of a Carson Smith Scholarship within 30 days after a student initially qualifies for an IEP and each February 1 thereafter to all students who have an IEP. Requires any district, school or charter school enrolling a student with an IEP to link on the district or school site to the state site that provides prospective applicants with detailed program information and application forms for the Carson Smith Scholarship Program.
Requires an approved eligible private school that changes ownership to reapply to the state board of education and demonstrate that it continues to meet the eligibility requirements of the program. http://le.utah.gov/~2009/bills/hbillenr/hb0425.pdf
Title: H.B. 425
Source: le.utah.gov
| |
| UT | Signed into law 03/2009 | P-12 | On request, requires publishers of textbooks recommended by the state board to provide their textbooks and related instructional materials in an electronic file set, in conformance with the National Instructional Materials Accessibility Standard so that Braille versions can be produced.
Creates the State School for the Deaf and the Blind (SSDB) as a single public school agency and a public corporation and allows it to serve as the designated LEA for a student subject to state laws. Provides that the state board of education is the governing board of the SSDB. Specifies the responsibilities of the state board related to the SSDB, including appointment of a superintendent for the SSDB who meets specified qualifications. Specifies the authority and duties of the SSDB superintendent. Creates the Advisory Council for the Utah Schools for the Deaf and the Blind. Specifies criteria for individuals eligible to receive services of the SSDB. Establishes student entrance policies and procedures. Specifies educational program, assessment, and reporting requirements. Requires the board to provide appropriate educational services for deafblind individuals.
Establishes the Educational Enrichment Program for Hearing and Visually Impaired Students to provide opportunities that will, in a family friendly environment, enhance the educational services required for deaf, blind or deafblind students.
Provides that certain educators employed by the SSDB are exempt from classified service, state pay plan, and career service provisions of the Personnel Management Act.
Requires the state office of education to collaborate with the Utah Schools for the Deaf and the Blind, districts and charter schools in establishing the Utah State Instructional Materials Access Center to provide students with print disabilities access to instructional materials in alternate formats in a timely manner. http://le.utah.gov/~2009/bills/hbillenr/hb0296.pdf
Title: H.B. 296
Source: le.utah.gov
| |
| VA | Signed into law 03/2009 | P-12 | Requires the Department for the Blind and Vision Impaired, together with the Department of Education, to promulgate regulations for the certification of individuals providing Braille instruction in the Commonwealth. This bill provides that such regulations shall include a requirement that all individuals providing Braille instruction be certified as having passed the National Literary Braille Competency Test by July 1, 2011.
http://leg1.state.va.us/cgi-bin/legp504.exe?091+ful+HB2224ER
Title: H.B. 2224
Source: http://leg1.state.va.u
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| VA | Signed into law 03/2009 | P-12 | Provides that any party aggrieved by a decision made in a due process hearing provided to children with disabilities and their parents or guardians and to school divisions in resolving disputes as to program placements, individualized education programs, tuition eligibility and other matters may appeal to a circuit court for a period of one year.
http://leg1.state.va.us/cgi-bin/legp504.exe?091+ful+HB2304ER
Title: H.B. 2304
Source: http://leg1.state.va.us
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| VA | Signed into law 03/2009 | P-12 | Re-establishes the Board of Visitors of the State School for the Deaf and the Blind as the governing entity for the State School for the Deaf and the Blind at Staunton and the State School for the Deaf, Blind and Multi-Disabled at Hampton.
http://leg1.state.va.us/cgi-bin/legp504.exe?091+ful+CHAP0210
Title: H.B. 2353
Source: http://leg1.state.va.u
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| VA | Signed into law 02/2009 | P-12 | Defines parent for the purposes of special education identification, evaluation, and placement of a child and the provision of a free appropriate public education to a child.
http://leg1.state.va.us/cgi-bin/legp504.exe?091+ful+HB2537ER
Title: H.B. 2537
Source: http://leg1.state.va.us/
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| MI | Signed into law 01/2009 | P-12 | Provides that an intermediate school district may develop and make available to districts and public school academies an early intervening model program for grades k to 3 which shall be designed to instruct classroom teachers and support staff on how to monitor individual pupil learning and how to provide specific support or learning strategies to pupils as early as possible in order to avoid inappropriate referrals to special education.
http://www.legislature.mi.gov/documents/2007-2008/publicact/pdf/2008-PA-0582.pdf
Title: S.B. 1039
Source: http://www.legislature.mi.gov
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| NY | Adopted 10/2008 | P-12 | 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.
Title: Title 8 NYCRR Section 177.2
Source: Lexis-Nexis/StateNet
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| CA | Vetoed 09/2008 | P-12 | Establishes the State Autism Spectrum Disorder Clearinghouse within the State Department of Education to provide evidence-based resources, research materials, information and practices regarding the education of pupils with autism spectrum disorders. Requires the Superintendent of Public Instruction to convene an oversight committee to represent the major stakeholders responsible for education of pupils with autism spectrum disorders and to perform other related duties. Allows solicitation of donations.
http://www.assembly.ca.gov/acs/acsframeset2text.htm
Title: A.B. 1872
Source: http://www.assembly.ca.gov
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| FL | Adopted 09/2008 | P-12 | Amends rule to address the Sunshine State Standards math access points for students with significant cognitive disabilities.
Sunshine State Standards for Special Diploma as incorporated by reference in paragraph (1)(h) of this rule describe what certain students with a disability should be able to do at three (3) proficiency levels (independent, supported, and participatory). Public schools shall provide appropriate instruction to assist students in the achievement of these standards.
https://www.flrules.org/gateway/readFile.asp?sid=0&tid=6139826&type=1&file=6A-1.09401.doc
Title: FAC 6A-1.09401
Source: https://www.flrules.org/
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| NY | Signed into law 09/2008 | P-12 | Requires the Commissioner of Mental Retardation and Developmental Disabilities to notify the Committee on Special Education, multidisciplinary team, or social services official that submitted a report on a mentally retarded or developmentally disabled child requesting adult services when the commissioner determines that such services are not required; requires such notice to provide the reasons for such determination. Provides that if such determination is not acceptable to the child's parent or guardian, such person may appeal the determination. http://assembly.state.ny.us/leg/?bn=A09225&sh=t
Title: A.B. 9225
Source: Lexis-Nexis/StateNet
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| NY | Signed into law 09/2008 | P-12 | Provides that members of committees on special education may provide parents of a child with a disability with a list of programs and services available outside the school setting. Provides that the list must clearly state that such services are in addition to services provided by a school district and will not be paid for by the district. http://assembly.state.ny.us/leg/?bn=S07981&sh=t
Title: S.B. 7981
Source: assembly.state.ny.us
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| CA | Signed into law 08/2008 | P-12 | Amends existing law that creates a state council on developmental disabilities appointed by the Governor. Requires that the state council include a representative from each of the university centers for excellence, thus increasing the council membership. Allows the head of certain state departments and agencies or their designees to serve on the council. Chapter 419
http://www.senate.ca.gov/acs/acsframeset2text.htm
Title: S.B. 1774
Source: http://www.senate.ca.gov/
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| IL | Signed into law 08/2008 | P-12 | 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 programs. Provides that legislation relating to students in residential programs who are not eligible for special education services shall not be construed to relieve the student's resident district of financial responsibility based on the manner in which the student was placed at the facility.
Provides that when a dispute arises over the determination of the student's district of residence, any person or entity, including a school district or residential facility, may make a written request for a residency decision to the state superintendent, who must issue his or her decision in writing. Provides that the decision of the state superintendent is final.
Repeals certain provisions relating to the payment and reimbursement of costs associated with a disabled student placed in residential facilities by a public agency or court. Creates new section 105 ILCS 5/14-7.05 related to the payment of, and dispute resolution over, costs associated with a student with a disability in a residential facility placement. Provides the school district of residency is responsible for and must be reimbursed for the costs of educating the child. http://www.ilga.gov/legislation/95/SB/PDF/09500SB2042lv.pdf
Title: S.B. 2042
Source: www.ilga.gov/legislation
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| IL | Signed into law 08/2008 | P-12 | Repeals the Professional Development Block Grant. Amends requirements related to annual census for special education, such that census must include students age 3 to 21 (rather than birth to 21) receiving special education services. Eliminates requirement that state board of education annually report on "children of non English background" receiving special education services. Eliminates provision authorizing the state board to provide matching grants to districts to support technology-related investments. Eliminates provision directing the state board to adopt rules for the administration of the School Technology Program.
Authorizes student biometric information to be destroyed without notification to or the approval of a local records commission within 30 days after use of the information is discontinued due to student graduation, withdrawal, or a written request from the individual having legal custody of a student.
Establishes circumstances under which a district may levy a tax or issue bonds for facilities alteration or reconstruction. Adds provision requiring that summer session costs be reimbursed based on the actual expenditures for providing these services.
Deletes certain provisions related to clock hour requirements for teachers' continuing education units.
Authorizes school student records to be released, transferred or disclosed to the state board or another state government agency or among state government agencies to evaluate or audit federal and state programs or perform research and planning, but only to the extent that the release, transfer, disclosure, or dissemination is consistent with the federal FERPA (Family Educational Rights and Privacy Act).
Authorizes the Illinois Mathematics and Science Academy to develop additional campuses throughout the state, but specifies that any additional campus does not need to serve as a residential institution. Adds to the board of trustees of the Illinois Mathematics and Science Academy to include the superintendent of the district where each campus is located.
Abolishes the board of trustees of the Illinois Summer School for the Arts on the effective date of this legislation. Transfers to the state board of education all of the board of trustees' powers, duties, assets, liabilities, employees, contracts, property, records, pending business, and unexpended appropriations.
Repeals 105 ILCS 420, the Council on Vocational Education Act and 105 ILCS 423, the Occupational Skill Standards Act. Eliminates provision requiring the state board of education's annual report on vocational education to include recommendations on programs and policies to overcome sex bias and sex stereotyping in vocational education programming and an assessment of the state's progress in achieving such goals prepared by the state vocational education sex equity coordinator pursuant to the Federal Vocational Education Law.
Requires a school enrolling a student to make a copy of the student's certified birth certificate and return the original to the person enrolling the child. Provides that once a school has received a certified copy of the child's birth certificate, the school need not request another such certified copy with respect to that child for any
other year in which the child is enrolled in that school.
http://www.ilga.gov/legislation/95/SB/PDF/09500SB2482lv.pdf
Title: S.B. 2482
Source: www.ilga.gov/legislation
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| NC | Signed into law 08/2008 | P-12 | Requires the State Board of Education and Department of Health and Human Services to determine responsibility for children with disabilities placed in private psychiatric residential treatment facilities by public agencies other than local educational agencies.
http://www.ncga.state.nc.us/Sessions/2007/Bills/House/PDF/H2306v0.pdf
Title: H.B. 2306
Source: http://www.ncga.state.nc.us
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| NY | Signed into law 08/2008 | P-12 | Requires that each certified school administrator or supervisor assigned on or after September 2, 2009 to be a special education administrator be provided with enhanced training in the needs of autistic children. Requires individuals serving as special education administrators to complete such training by September 2, 2009. Provides that such training may be included in the professional development provided by the school district or board of cooperative education services to such administrators and supervisors. http://assembly.state.ny.us/leg/?bn=S08497&sh=t
Title: S.B. 8497
Source: assembly.state.ny.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
| |
| CA | Signed into law 07/2008 | P-12 | Amends existing law that requires the parent of a pupil be given, in writing, a proposed assessment plan within a specified time frame of the referral of the pupil for assessment for the development or revision of an individualized education program and a copy of the parent's or guardians rights be attached to the plan. Requires the copy of the notice of parent rights include information regarding the state special schools for pupils who are deaf, hard of hearing, blind, visually impaired, or deaf-blind. Chapter 245
http://www.assembly.ca.gov/acs/acsframeset2text.htm
Title: A.B. 2555
Source: http://www.assembly.ca.gov
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| LA | Signed into law 07/2008 | P-12 | By January 30, 2009, requires the state board to implement a pilot program to provide universal screening of students in grades prekindergarten through 3 for dyslexia and related disorders. Provides that if no monies are appropriated in the 2008-2009 fiscal year for the pilot program, the board must begin development and implementation of the pilot program in any subsequent fiscal year in which monies are appropriated for such purpose. Provides that remediation and intervention strategies provided to address a need identified during the screening must, to the extent possible, utilize a multi-tiered model structured to provide research-based instruction in a general education setting. Requires an external evaluation of the pilot program to be conducted at the end of the first full year of the pilot program. Requires an interim report to be submitted to the house and senate education committees by August 15, 2009, and a final report, including a determination of whether the program should be implemented on a statewide basis, by March 15, 2010. http://www.legis.state.la.us/billdata/streamdocument.asp?did=501774
Title: S.B. 719
Source: www.legis.state.la.us
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| MA | Signed into law 07/2008 | P-12
Postsec.
Community College | Provides for maintaining transition age requirements and measurable postsecondary goals for school age students with disabilities.
http://www.mass.gov/legis/bills/senate/185/st00/st00286.htm
Title: S.B. 286
Source: http://www.mass.gov/l
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| NC | Signed into law 07/2008 | P-12 | Amends the definition of educational services for students with disabilities; amends the law to allow a designee or designees of a student's Individual Education Plan team to evaluate the continued appropriateness of homebound instruction for discipline purposes for students with disabilities as recommended by the Joint Legislative Education Oversight Committee; adds a protection for children not determined eligible for special education.
http://www.ncga.state.nc.us/Sessions/2007/Bills/House/HTML/H12v4.html
Title: H.B. 12
Source: http://www.ncga.state.nc.us
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| NH | Signed into law 07/2008 | P-12 | Revises the procedures for delivery of special education services by school districts and other agencies; requires a law enforcement agency officer who suspects a minor has a disability, to notify an administrator of the school district and administrator, if appropriate, will refer the minor for evaluation; provides for administrative due process hearings; relates to children in needs of services, delinquent children, the Child Protection Act, school attendance and education of children placed in homes.
http://www.gencourt.state.nh.us/legislation/2008/HB0679.html
Title: H.B. 679
Source: http://www.gencourt.state.nh.us
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| NH | Signed into law 07/2008 | P-12 | Establishes a committee to study the financial liability for placement of a child with a disability; provides for the powers and duties of the committee.
http://www.gencourt.state.nh.us/legislation/2008/HB0765.html
Title: H.B. 765
Source: http://www.gencourt.state.nh.us
| |
| NH | Signed into law 07/2008 | P-12 | Revises numerous statutes relating to special education; expands, updates, and clarifies definitions; expands the duties of the Department of Education; establishes duties of correctional facilities; provides for monitoring of special education programs and authorizes corrective action; authorizes state aid for out-of-district placement; revises various provisions related to appointment of a surrogate parent, children with disabilities in state facilities, and the Medicaid to Schools Program.
http://www.gencourt.state.nh.us/legislation/2008/HB0766.html
Title: H.B. 766
Source: http://www.gencourt.state.nh.us
| |
| NY | Signed into law 07/2008 | P-12 | Provides that solely for purposes of providing services to special education students and the computation of state aid, a student with disabilities in a homeschool program must be considered a nonpublic school student eligible to receive services as such, provided the student has an individualized home instruction plan that the local superintendent has determined to be in compliance with state regulations. States that except as provided above, a home school is not to be considered a nonpublic school. http://assembly.state.ny.us/leg/?bn=A11463&sh=t
Title: A.B. 11463
Source: assembly.state.ny.us
| |
| NY | Vetoed 07/2008 | P-12 | Requires school districts to provide information to parents of blind and deaf students regarding programs and institutions administered by the state. http://assembly.state.ny.us/leg/?bn=A09511&sh=t
Title: A.B. 9511
Source: Lexis-Nexis/StateNet
| |
| RI | Signed into law 07/2008 | P-12 | Excerpt: (b) Notwithstanding any other federal or state law or regulation, the school committee where a parentally placed child who has or develops a disability in private school resides, shall provide the child with the same free and appropriate education as it provides to children in public schools. These children shall have the same rights and remedies in the regulations of the board of regents for elementary and secondary education governing the education of children with disabilities as children in public school relative to initially determining eligibility, implementation and/or any other rights and remedies relative to any special education services the child may be eligible or receive from the public school district.
(c) For the purpose of this statute, a parentally placed child who has or develops a disability in private school is defined as a child enrolled or placed in a private school by the
unilateral decision of his or her parents and without consolation of the public school district, who either has, or at some point while at the private school is diagnosed with a learning disability. Parents who unilaterally enroll their child in a private school are required to pay the tuition costs related to the child's education that are unrelated to the child's disability, and the public school district where the child resides is responsible for payment of the services related to the child's disability as developed and determined in the child's individual education plan.Clarifies the responsibilities of a municipality in regard to the education of children with special needs, along with responsibilities regarding the provision of a free and appropriate public education to those special needs students whose parents place them in a private school; relates to tuition costs; includes preschool.
http://www.rilin.state.ri.us/PublicLaws/law08/law08141.htm
Title: H.B. 7715
Source: http://www.rilin.state.ri.us
| |
| CT | Signed into law 06/2008 | P-12 | Concerns special education and instructional methods concerning autism and other developmental disabilities; requires the development and use of instructional methods for parents and teachers of children with autism and other developmental disabilities; relates to a state-wide plan to incorporate methods of teaching; includes school readiness programs.
http://www.cga.ct.gov/2008/ACT/sa/pdf/2008SA-00005-R00HB-05590-SA.pdf
Title: H.B. 5590
Source: http://www.cga.ct.gov/
| |
| FL | Signed into law 06/2008 | P-12
Postsec.
Community College | Relates to charter schools, the Scholarships for Students with Disabilities Program, postsecondary education, school attendance, and high school graduation requirements; revises the terminology used to identify students with intellectual, emotional, or behavioral disabilities; relates to postsecondary education; deletes a provision that prohibits direct medical or pharmaceutical intervention in a regional autism center.
http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h1313er.xml&DocumentType=Bill&BillNumber=1313&Session=2008
Title: H.B. 1313
Source: http://www.myfloridahouse.gov/default.aspx
| |
| HI | Signed into law 06/2008 | P-12 | Establishes a power of attorney for adult special education students. Provides a process for revocation of the power of attorney for special education. Establishes the process to appoint an educational representative for an adult student who lacks capacity to provide informed consent, and for the reconsideration of the need for an educational representative if the adult student appears to have regained decisional capacity. Clarifies the authority of a guardian of an adult student. Sets forth the duties and roles of the agent and educational representative. http://www.capitol.hawaii.gov/session2008/Bills/SB2879_CD1_.htm
Title: S.B. 2879
Source: www.capitol.hawaii.gov
| |
| 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:
| |
| 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
| |
| MO | Adopted 06/2008 | P-12 | Proposes to move rules from the Office of Administration to the Department of Elementary and Secondary Education. Allows the council to establish interest rates and maximum loan amounts that meet the needs of consumers in the Assistive Technology Loan Program.
www.sos.mo.gov/adrules/csr/current/4csr/4c110.pdf
Title: 5 CSR 110-1.020
Source: www.sos.mo.gov
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| NH | Signed into law 06/2008 | P-12 | Establishes the Council on Autism Spectrum Disorders to coordinate supports and services for individuals and their families; states that the duties of the council include providing information to families and persons with such disorders, collaborating with schools and other systems to identify exemplary services and promote successful practices, providing mediation to ensure that persons with such disorders receive appropriate support, and increasing resources for such individuals by accessing grants.
http://www.gencourt.state.nh.us/legislation/2008/HB1634.html
Title: H.B. 1634
Source: http://www.gencourt.state.nh.us
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| OK | Signed into law 06/2008 | P-12 | Relates to schools; requests the Regional University System of Oklahoma to establish a comprehensive autism training program at the University of Central Oklahoma to provide statewide leadership in training of post graduate and post baccalaureate behavior therapists to deliver research based intervention services to children with autistic spectrum disorders; provides for training for resident teachers of students in early childhood programs to provide minimum awareness of characteristics of such children.
http://www.sos.state.ok.us/documents/Legislation/51st/2008/2R/SB/2037.pdf
Title: S.B. 2071
Source: http://www.sos.state.ok.us
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| KS | Signed into law 05/2008 | P-12 | Provides that a student enrolled in a district and attending both a non-virtual school and a virtual school must be counted as that proportion of one pupil (to the nearest one-tenth) that the student's attendance at the non-virtual school bears to full-time attendance. Provides that a student enrolled in a district and attending special education and related services and also attending a virtual school must be counted as that proportion of one pupil (to the nearest one-tenth) that the student's attendance at the non-virtual school bears to full-time attendance.
Repeals and replaces definition of virtual school.
Repeals and replaces K.S.A. 72-6455 regarding each district's high density at-risk pupil weighting. Creates new section for districts with enrollments of at least 40% but less than 50% at-risk students. Provides that each eligible district's medium density at-risk pupil weighting must be determined by the state board by multiplying the number of at-risk pupils by .06. Provides that if a school district becomes ineligible for medium density at-risk pupil weighting because enrollment of at-risk pupils in the district falls below the minimum threshold, the medium density at-risk pupil weighting of the district must be the greater of: (1) The medium density at-risk pupil weighting in the current school year; (2) the medium density at-risk pupil weighting in the prior school year; or (3) the average of the
medium density at-risk pupil weighting in the current school year and the preceding two school years. Provides that the medium density at-risk pupil weighting provisions expire on June 30, 2011.
Establishes the special education funding task force, and requires the first meeting of the task force to be held on or before August 1, 2008. Directs the special education funding task force to:
(1) Study and make recommendations for changes in the existing formula for funding of special education and related services including medicaid replacement state aid
(2) Conduct hearings and receive and consider suggestions from teachers, parents, the department of education, the state board of education, other governmental officers and agencies and the general public concerning funding for special education and related services
(3) Make and submit reports to the legislature on the work of the task force concerning recommendations of the task force. Provides that such reports must also include recommendations for legislative changes and must be submitted to the legislature before the start of each year's legislative session.
Provides that the task force shall cease to exist on June 30, 2011.
Establishes new section regarding medicaid replacement state aid. Directs the state board to designate a portion of the special education services state aid appropriation as medicaid replacement state aid. Provides that the amount so designated may not exceed $9,000,000 in any school year. Provides that each school district is entitled to medicaid replacement state aid. Provides a formula for calculating each district's medicaid replacement state aid.
Repeals and replaces K.S.A. 72-6445a regarding state financial aid for any district formed by consolidation
http://www.kslegislature.org/bills/2008/531.pdf
Title: S.B. 531
Source: www.kslegislature.org
| |
| NJ | Signed into law 05/2008 | P-12
Postsec. | Enacts Alicia's Law, permits a student whose high school special education program requires instruction beyond four years to participate with his or her class in that classes graduation ceremony and to receive a certificate of attendance.
http://www.njleg.state.nj.us/2008/Bills/S0500/442_R1.PDF
Title: S.B. 442
Source: http://www.njleg.state.nj.us/
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| OK | Signed into law 05/2008 | P-12 | 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 district in which the child resides to continue to pay tuition.
http://webserver1.lsb.state.ok.us/2007-08bills/HB/HB2518_ENR.RTF
Title: H.B. 2518
Source: Lexis-Nexis/StateNet
| |
| CO | Signed into law 04/2008 | P-12 | Allows an administrative unit to use no more than a specified percentage of the funding it receives under the Exceptional Children's Educational Act to provide early intervening services to students; requires that administrative units report information to the Department of Education on the number of students receiving early intervening services; directs the state board of education to determine the activities and programs, and the associated expenses, that qualify as early intervening services.
http://www.leg.state.co.us/clics/clics2008a/csl.nsf/fsbillcont3/BCF7B63FBB2406D0872573680054F143?open&file=089_enr.pdf
Title: S.B. 89
Source: http://www.leg.state.co.us/
| |
| MD | Signed into law 04/2008 | P-12 | Requires county boards of education to ensure that students with disabilities have certain opportunities in specified physical education and certain athletic programs; provides for certain exceptions to these requirements; requires county school systems to provide specified accommodations; requires county school systems to develop specified programs, policies, and procedures; requires county school systems to provide opportunities meeting specified criteria to students.
http://mlis.state.md.us/2008rs/bills/hb/hb1411t.pdf
Title: H.B. 1411; S.B. 849
Source: http://mlis.state.md.us/
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| ME | Signed into law 04/2008 | P-12 | Requires the Department of Education and the Department of Health and Human Services to convene an interdepartmental work group to develop and establish a uniform statewide protocol for screening young children for signs of autism, examine models that meet criteria for evidence-based clinical trials to support individual young children with the diagnosis of autism served through the Child Development Services System and to examine the interdepartmental system for capacity and service availability.
http://janus.state.me.us/legis/LawMakerWeb/externalsiteframe.asp?ID=280027469&LD=1977&Type=1&SessionID=7
Title: S.B. 771
Source: http://janus.state.me.us/legis/
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| NE | Signed into law 04/2008 | P-12 | At the request of 1 a parent or guardian, a school district is to issue a certificate of attendance to a student who receives special education services, who has reached seventeen years of age, and who has not completed his or her individualized education plan. Requires districts to allow a student who receives a certificate of attendance under this section to participate in the high school graduation ceremony of such high school with students receiving high school diplomas. A student may receive only one certificate of attendance and may participate in only one graduation ceremony based on such certificate. The receipt of a certificate of attendance does not affect a school district's obligation to continue to provide special education services to a student receiving such certificate. Does not preclude a student from receiving a high school diploma by meeting the school district's graduation requirements or in his or her individualized education plan or receiving a diploma of high school equivalency upon completing the requirements of such section. The school district may allow a student who has previously participated in a graduation ceremony based on a certificate of attendance to participate in an additional graduation ceremony when such student receives a high school diploma.
For school year 2008-09, any early childhood education program established by a school board or an educational service unit that is not receiving a grant or funding through the Tax Equity and Educational Opportunities Support Act may enroll children who meet the age requirements to be enrolled in kindergarten.
http://uniweb.legislature.ne.gov/FloorDocs/Current/PDF/Final/LB1153.pdf
Title: L.B. 1153
Source: http://uniweb.legislature.ne.gov
| |
| IL | Adopted 03/2008 | P-12 | Emergency rule (expires 8-18-08) includes a new provision expressly prohibiting the "use of a behavioral intervention strategy relying upon pain as an intentional
method of control" by any program operated at a facility serving students with disabilities. Requires every contract provider of special education services to maintain a written policy indicating that the use of behavioral intervention strategies that rely upon pain as an intentional method of control will not be applied to any student
Pages 443 and 445 of 454: http://www.ilsos.net/departments/index/register/register_volume32_issue14.pdf
Title: 23 IAC 401.10, .30, .210
Source:
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| ME | Signed into law 03/2008 | P-12 | Directs the Department of Education to amend its rules governing special education to provide a deadline of 45 school days for the completion of an evaluation.
http://janus.state.me.us/legis/LawMakerWeb/externalsiteframe.asp?ID=280027483&LD=1949&Type=1&SessionID=7
Title: H.B. 1387
Source: http://janus.state.me.us/house/
| |
| MS | Signed into law 03/2008 | P-12
Postsec. | Amends portions of the Blind Persons' Literacy Rights and Education Act. Relates to requirements for for the development of an individualized education plan.
http://billstatus.ls.state.ms.us/documents/2008/pdf/HB/0600-0699/HB0638SG.pdf
Title: H.B. 638
Source: http://billstatus.ls.state.ms.us
| |
| TN | Signed into law 03/2008 | P-12 | Changes the required training regulations for special education mediators and administrative law judges who conduct due process hearings.Training is currently funded through Individuals with Disabilities Act (IDEA) federal funds. Forty hours of training is currently provided. Removal of this provision could result in a reduction in training hours resulting in a shift of IDEA funds to other special education programs and a decrease in state expenditures estimated to be not significant.
http://www.legislature.state.tn.us/bills/currentga/BILL/SB3642.pdf
Title: S.B. 3642
Source: http://www.legislature.state.tn.us
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| VA | Signed into law 03/2008 | P-12 | Adds public entities, including schools, to the list of public places in which persons with disabilities are entitled to the same full and free rights as other persons.
http://leg1.state.va.us/cgi-bin/legp504.exe?081+ful+HB214ER
Title: H.B. 214
Source: http://leg1.state.va.us
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| WA | Signed into law 03/2008 | P-12
Postsec. | Every October, public schools and postsecondary institutions must conduct or promote educational activities that provide instruction, awareness and understanding of disability history and persons with disabilities.
http://apps.leg.wa.gov/documents/billdocs/2007-08/Pdf/Bills/Session%20Law%202008/6313.SL.pdf
Title: S.B. 6313
Source: http://www.leg.wa.gov/legislature
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| WA | Signed into law 03/2008 | P-12 | The Center for the Improvement of Student Learning (CISL) and the education ombudsman are directed to identify strategies to improve the academic success rates of students with disabilities. The CISL is also directed to provide best practices and information on programs to assist students with disabilities.
Also, when reporting results on the Washington assessment of student learning (WASL), the office of the superintendent must provide results that are disaggregated by at least: White, Black, Hispanic, American Indian/Alaska Native, Asian, Pacific Islander/Hawaiian Native, low income, transitional bilingual, migrant and special education.
http://apps.leg.wa.gov/documents/billdocs/2007-08/Pdf/Bills/Session%20Law%202008/3212-S.SL.pdf
Title: H.B. 3212
Source: http://www.leg.wa.gov/legislature
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| WA | Signed into law 03/2008 | P-12 | School districts must allow the children of full-time classified and certificated employees to enroll in a district that offers early education intervention services for special education students, provided that the child qualifies for such services.
http://apps.leg.wa.gov/documents/billdocs/2007-08/Pdf/Bills/Session%20Law%202008/2137.SL.pdf
Title: H.B. 2137
Source: http://www.leg.wa.gov/legislature
| |
| WV | Signed into law 03/2008 | P-12 | Gives authority to certain aides to exercise control over students; expands the classifications of service personnel to include paraprofessionals, interpreters and aides providing one-on-one services to students with exceptionalities as required by the students' individualized education programs for which transfers during the instructional term are limited.
http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4478%20ENR.htm
Title: H.B. 4478
Source: www.legis.state.wv.us
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| SD | Vetoed 02/2008 | P-12 | Requires the Department of Education and the Board of Regents to establish programs and policies for children who are deaf and hard-of-hearing.
http://legis.state.sd.us
Title: H.B. 1242
Source: http://legis.state.sd.us
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| MI | Signed into law 01/2008 | P-12 | Addresses several special education policies and requirements, including student learning plans, transportation, personnel, funding, placement, reporting, etc.
http://www.legislature.mi.gov/documents/2007-2008/publicact/pdf/2008-PA-0001.pdf
Title: S.B. 730 (sec. 1701)
Source: http://www.legislature.mi.gov/
| |
| NJ | Signed into law 01/2008 | P-12 | 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
Title: A.B. 4076
Source: http://www.njleg.state.nj.us
| |
| NJ | Signed into law 01/2008 | P-12 | Establishes the Council on Out-of-State Placement of Children and the registry of qualified out-of-State residential schools and programs in Department of Human Services, to be known as Billy's Law, to reduce out-of-state placements.
http://www.njleg.state.nj.us/2006/Bills/S2500/2490_R1.HTM
Title: S.B. 2490
Source: http://www.njleg.state.nj.us
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| GA | Adopted 12/2007 | P-12 | Revises rules regarding special education, including the rights of children and parents and assists educational agencies to provides for such and education.
Purpose for Exceptional Students Rules: http://www.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.01.pdf
Free Appropriate Public Education http://www.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.02.pdf
Child Find Procedures http://www.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.03.pdf
Evaluations and Reevaluations http://www.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.04.pdf
Eligibility Determination and Categories of Eligibility http://www.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.05.pdf
Individualized Education Program http://www.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.06.pdf
Least Restrictive Environment http://www.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.07.pdf
Confidentiality of Personally Identifiable Information http://www.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.08.pdf
Procedural Safeguards/Parent Rights http://www.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.09.pdf
Discipline http://www.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.10.pdf
Surrogate Parent http://www.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.11.pdf
Dispute Resolution http://www.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.12.pdf
Private Schools http://www.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.13.pdf
Personnel, Facilities and Caseloads http://www.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.14.pdf
Georgia Network for Educational and Therapeutic Support http://www.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.15.pdf
Georgia Learning Resources System http://www.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.16.pdf
Required Reports http://www.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.17.pdf
Grants for Services http://www.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.18.pdf
Services for Agency-Placed Students http://www.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.19.pdf
Mandatory Pre-Determination of Local Education Agency's Inability to Provide Services to (a) Student(s) with Disability http://www.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.20.pdf
Definitions http://www.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.21.pdf
Title: GAC 160-4-7
Source: Lexis-Nexis/StateNet
| |
| CO | Adopted 11/2007 | P-12 | Clarifies rules regarding the administration of the Exceptional Children's Educational Act, including special education provisions, and funding eligibility.
http://www.cde.state.co.us/cdeboard/download/bdregs_301-8complete111706.pdf
COLORADO 9226
Title: 1 CCR 301-8
Source: CO Board of Education
| |
| CA | Signed into law 09/2007 | P-12 | Relates to special education. Requires that the educational materials, services, and programs provided by the nonpublic, nonsectarian school be consistent with the pupil's individual education program. Revises the provision of existing law relating to standards-based, core curriculum and instructional materials. Chapter 382
http://info.sen.ca.gov/pub/07-08/bill/asm/ab_0201-0250/ab_216_bill_20071010_chaptered.pdf
Title: A.B. 216
Source: http://www.assembly.ca.gov
| |
| IL | Adopted 09/2007 | P-12 | Amends policies regarding the assessment of special education students at nonpublic, public out-of-state, public residential or private special education facilities. Transfers authority for the oversight of such assessment from the state board of education to the state superintendent. Specifies that an application for initial approval of educational and/or residential programs at such facilities must include the data that will be collected on the outcomes achieved by those students, which must reflect the students' learning goals as described in their respective IEPs. Also requires applications for programs serving students for whom behavioral interventions may be appropriate, to include a description of the provider's formalized approach to the use of these interventions.
Requires each provider to ensure that each student receives special education and related services in accordance with his or her IEP, provided that the use of behavioral intervention strategies that would jeopardize the safety or security of students or would rely upon pain as an intentional method of control cannot be permitted.
Requires each class offered in such a program to have a maximum enrollment of five students, except that enrollment may be increased by a maximum of two students in response to unique circumstances that occur during the school year so long as the educational needs of all students in the class can be adequately and appropriately met. Allows the enrollment in a class to be increased by a maximum of five students when a full-time paraprofessional is provided.
Establishes requirements for the administration of state assessments at such special education facilities, including required testing conditions, required personnel assignments and qualifications and required procedures. Requires that any breach of test security or other testing irregularity be reported to the state superintendent of education or designee in accordance with instructions applicable to particular types of problems, using one of the methods identified by
the state superintendent. Requires responsible staff at the affected facility to then follow the instructions provided by the state superintendent or the relevant test
contractor regarding the next steps to be taken in investigating the source of the problem, its implications and its potential resolution.
Directs each provider to prepare and keep on file an annual plan for inservice training in areas where improvement is desirable. Directs the provider to identify these areas based on an analysis of each program's implementation in relation to the approved application and based on data illustrating the achievement of the
students served in relation to the goals and objectives stated in their IEPs and on the state assessments in which they participate. Requires each provider to provide specific training to all staff on the use of isolated time out and behavioral intervention strategies, as appropriate to the student population.
Specifies that staff criminal background checks include the results of fingerprint-based criminal history records checks performed pursuant to the Uniform Conviction Information Act [20 ILCS 2635] or, for a facility located in another state, pursuant to that state's uniform conviction information act, and pursuant to the Adam Walsh Child Protection and Safety Act of 2006 (P.L. 109-240), as well as the results of checks of the statewide sex offender database maintained in accordance with Section 115 of the Sex Offender Community Notification Law [730 ILCS 152/115] or, for a facility located in another state, checks of that state's sex offender
database.
Pages 600-618 of 671 http://www.cyberdriveillinois.com/departments/index/register/register_volume31_issue40.pdf
Title: 23 IAC 401.10 thru .260 (non seq.)
Source: www.cyberdriveillinois.com
| |
| NY | Adopted 09/2007 | P-12 | Amends regulations regarding diagnostic screenings of students who are new entrants to school or who have low test scores on the statewide third grade English language arts or mathematics assessment. Specifies that diagnostic screening must include a determination of development in oral expression, listening comprehension, written expression, basic reading skills and reading fluency and comprehension, mathematical calculation and problem solving, motor development, articulation skills, and cognitive development using recognized and validated screening tools.
Adds that diagnostic screening for students with low test scores must include:
(1) vision and hearing screenings to determine whether a vision or hearing impairment is impacting the student's ability to learn; and
(2) a review of the instructional programs in reading and mathematics to ensure that explicit and research validated instruction is being provided in reading and mathematics.
Provides that students with low test scores must be monitored periodically through screenings and on-going assessments of the student's reading and mathematic abilities and skills. If the student is determined to be making sub-standard progress in such areas of study, instruction must be provided that is tailored to meet the student's individual needs with increasingly intensive levels of targeted intervention and instruction.
Directs school districts to provide written notification to parents when a student requires an intervention beyond which is provided to the general education classroom. Provides that such notification must include: information about the performance data that will be collected and the general education services that will be provided; strategies for increasing the student's rate of learning; and the parents' right to request an evaluation by the Committee on Special Education to determine whether the student has a disability.
Title: Title 8 NYCRR Part 117
Source: Lexis
| |
| AK | Adopted 08/2007 | P-12 | Amends regulations governing education of children with disabilities in response to the new federal Individuals with Disabilities Education Improvement Act. ALASKA 3519
Title: 4 AAC 52
Source: http://touchngo.com/lglcntr/akstats/AAC/Title04.htm
| |
| ID | Approved 08/2007 | P-12 | Provides guidance for the development of the education programs for students who are deaf or hard of hearing and/or those who are blind or visually impaired. IDAHO 7548
Title: IDAPA 08.02.03
Source: Lexis-Nexis/StateNet
| |
| IL | Signed into law 08/2007 | P-12 | Amends the Children with Disabilities Article of the School Code. Provides that in the development of the individualized education program for a student who has a disability on the autism spectrum, the IEP team must consider several specified factors, including the child's verbal and nonverbal communication needs, and the need to develop social interaction skills and proficiencies. http://www.ilga.gov/legislation/95/SB/PDF/09500SB0079lv.pdf
Title: S.B. 79
Source: www.ilga.gov/legislation
| |
| IL | Signed into law 08/2007 | P-12 | Amends the Children with Disabilities Article of the School Code. Adds school counselor and school counselor intern to the list of professions included in the definition of a professional worker. http://www.ilga.gov/legislation/95/SB/PDF/09500SB0122lv.pdf
Title: S.B. 122
Source: Lexis-Nexis/StateNet
| |
| IL | Signed into law 08/2007 | P-12 | Specifies that the state board of education must require textbook publishers to furnish an electronic file set of contracted print material to the National Instructional Materials Access Center for conversion to an accessible format for use by print disabled children and for distribution to local education agencies. http://www.ilga.gov/legislation/95/SB/PDF/09500SB0397lv.pdf
Title: S.B. 397
Source: Lexis-Nexis/StateNet
| |
| MD | Issued 08/2007 | P-12 | (Executive Order No. 2007-13) Establishes the Governor's Interagency Transition Council for Youth with Disabilities. The Council will annually review, revise, and update the state plan to ensure effective interagency planning and delivery of services for secondary students
with disabilities. The plan will serve as the unifying link between child-serving systems and adult systems, and appropriate elements will be
incorporated into both the Department of Disabilities State Plan and the Governor's Office for Children's three-year plan.
http://www.gov.state.md.us/executiveorders/01.07.13YouthDisabilities.pdf
Title: E.O. 14; 2007-13
Source: Maryland Governor's Office
| |
| NY | Vetoed 08/2007 | P-12 | Requires chair of committees on special education to provide parents of a child with a disability with a list of programs and services that may be available and accessible to such child or child's family, including health and mental health programs and services. http://assembly.state.ny.us/leg/?bn=S06275&sh=t
Title: S.B. 6275
Source: assembly.state.ny.us
| |
| CA | To governor 07/2007 | P-12 | Relates to special education. Prohibits a nonpublic, nonsectarian school or agency whose certification has been revoked, and certain other administrators and entities involved with the school or agency, from being eligible to apply for recertification for 2 years from the revocation date.
http://www.assembly.ca.gov/acs/acsframeset2text.htm
Title: A.B. 485
Source: http://www.assembly.ca.gov
| |
| CA | Signed into law 07/2007 | P-12 | Makes technical changes to various provisions of existing law regarding special education and related services to conform various provisions of the new federal regulations and update cross-references in response to those regulations. Deletes obsolete provisions. Makes other clarifying and technical, nonsubstantive changes. Chapter No. 56
http://www.assembly.ca.gov/acs/acsframeset2text.htm
Title: A.B. 685
Source: http://www.assembly.ca.gov
| |
| IA | Adopted 07/2007 | P-12 | Expands the ability of a paraeducator holding a substitute authorization to work in K-6 special education classrooms. IOWA 5764
Title: IAC 282-14.143(272)
Source: Lexis-Nexis/StateNet
| |
| LA | Signed into law 07/2007 | P-12 | Directs the state board, by the beginning of the 2007-2008 school year, to implement a pilot program to provide for universal screening of K-3 students for characteristics of dyslexia and related disorders. The program must also provide for periodic progress monitoring of every student identified with dyslexia or a related disorder to assess progress toward established educational goals; appropriate remediation or intervention strategies to address any academic need or deficiency identified through the screening process or periodic progress monitoring; and training and professional development to provide teachers with the knowledge and skills necessary to implement specialized instructional interventions and strategies for students with dyslexia and related disorders.
Requires each district participating in the pilot to arrange for an external performance evaluation at the end of the 2007-2008 school year to assess the effectiveness of the program in the early identification of students with dyslexia and related disorders and in meeting the educational needs of such children. Directs the department, based on the results of the periodic process monitoring and the external performance evaluations, to make an interim report by March 2008 to the house and senate education committees on the progress made by each participating school system in implementing the pilot program, and a final report by August 15, 2008, that must include a determination of whether the program should be implemented on a statewide basis. http://www.legis.state.la.us/billdata/streamdocument.asp?did=449550
Title: S.B. 160
Source: www.legis.state.la.us
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| NC | Signed into law 07/2007 | P-12 | The purpose of the ROPE Scholars Pilot Program is to strengthen middle grades education in order to provide students with the opportunity to graduate from high school with the core academic skills needed for postsecondary education and high-skilled employment, and thereby to reduce the high school dropout rate, increase high school and college graduation rates and decrease the need for remediation in institutions of higher education.
It is the intent of the ROPE Scholars Program to:
-Reduce class size to one teacher to every 17 students
-Provide annual salary increments of up to $5,000 per year to teachers certified in the fields of mathematics, science, or special education
-Provide a coordinator position at each participating school to assist in community and parental support
-Encourage students participating in the program, through agreements executed between the local school administrative unit and students and their parents or guardians, to:
(1) Maintain a 95% attendance rate each year; (2) Achieve a minimum of a "B" average; (3) Take the PSAT and the SAT or the ACT and achieve an adequate score, as determined by the state board; (4) Meet the standards for admission established by the board of governors of the University of North Carolina (5) Engage in community service work each month during the school year for the number of hours determined by the state board; and (6) Evidence good character by not engaging in unlawful conduct.
-Provide students who successfully participate in the program with college scholarships.
Directs the state board to develop a competitive process through which units may apply to participate in the pilot program. The number of participating units will be limited to three units in the 2008-09 fiscal year. The units will be selected from different geographical areas of the state and shall include at least one urban and one rural unit. The state board will develop a process to evaluate the effectiveness of the program, and is required to prepare a report for the legislative oversight committee that includes the cost of implementing the pilot program and indicates state laws, rules and policies that would preclude the implementation of the pilot.
http://www.ncga.state.nc.us/Sessions/2007/Bills/Senate/HTML/S1030v0.html
Title: S.B. 1030
Source: http://www.ncga.state.nc.us/
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| NC | Signed into law 07/2007 | P-12 | Designates the month of October as Disability History and Awareness Month. Requires local Boards of Education to provide instruction on disability history and awareness.
http://www.ncga.state.nc.us/Sessions/2007/Bills/Senate/HTML/S753v0.html
Title: S.B. 753
Source: http://www.ncga.state.nc.us
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| NC | Signed into law 07/2007 | P-12
Postsec.
Community College | Directs the board of governors of the state university to report on the efficacy of the preparation of teachers to teach students with disabilities.
http://www.ncga.state.nc.us/Sessions/2007/Bills/House/HTML/H26v0.html
Title: H.B. 26
Source: http://www.ncga.state.nc.us
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| NC | Signed into law 07/2007 | P-12 | Authorizes homebound instruction for discipline purposes when it is the least restrictive alternative for students with disabilities. Requires a regular evaluation of the appropriateness of the homebound instruction.
http://www.ncga.state.nc.us/Sessions/2007/Bills/House/HTML/H14v0.html
Title: H.B. 14
Source: http://www.ncga.state.nc.us
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| NC | Signed into law 07/2007 | P-12 | Directs the department of public instruction to identify the various models being utilized to deliver educational and other services at the high school level to children with disabilities in the state. As a part of its study, the department must consider the efficacy of the models currently being used in the state and review the research for best practice models that are being implemented in other states. The department will report its findings and any recommended legislation or policy changes by March 1, 2008, to the joint legislative education oversight committee.
http://www.ncga.state.nc.us/Sessions/2007/Bills/House/HTML/H17v4.html
Title: H.B. 17
Source: http://www.ncga.state.nc.us/
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| NC | Signed into law 07/2007 | P-12 | Clarifies the definition of residence for the delivery of special education
http://www.ncga.state.nc.us/Sessions/2007/Bills/House/HTML/H18v0.htmlservices.
Title: H.B. 18
Source: http://www.ncga.state.nc.us/
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| NC | Signed into law 07/2007 | P-12 | Establishes standards for homebound special education instruction including standards related to appropriate teacher qualifications, services included in the childs Individual Education Plan, and behavior intervention services designed to address the behavior violation that caused the disciplinary change of placement.
http://www.ncga.state.nc.us/Sessions/2007/Bills/House/HTML/H20v0.html
Title: H.B. 20
Source: Lexis-Nexis/StateNet
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| NH | Signed into law 07/2007 | P-12 | Establishes an executive planning commission on special education to develop a plan to provide systems of pre-service and in-service education to personnel, including improved coordination between personnel preparation at the university level and the curriculum frameworks and the needs of students with disabilities, strategies to address educational personnel shortages and other issues; authorizes the commission to accept gifts, grants, or donations from any source to hire staff or retain consultants.
http://www.gencourt.state.nh.us/legislation/2007/HB0661.html
Title: H.B. 661
Source: http://www.gencourt.state.nh.us
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| 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
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| OK | Issued 07/2007 | P-12 | (Amended Executive Order 2006-04) Makes the state department of education the lead agency for administration of Part C of the federal Individuals with Disabilities Educatin Act -- to take advantage of the federal government providing the State with the opportunity to receive funds for programs which provide early intervention services to infants and toddlers with disabilities and their families through the Individuals With Disabilities Education Act.
http://www.sos.state.ok.us/documents/Executive/579.pdf
Title: E.O. 32
Source: http://www.sos.state.ok.us
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| RI | Signed into law 07/2007 | P-12 | Permits any career/technical charter public schools which enroll special education students from outside the school district with verifiable Individual Education Plans to receive from the sending district the average per pupil special education cost of the sending district.
http://www.rilin.state.ri.us/PublicLaws/law07/law07382.htm
Title: H.B. 6128
Source: http://www.rilin.state.ri.us
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| TN | Signed into law 07/2007 | P-12 | Requires the Department of Education's division of special education to collect data on and report to the Chairs of the House and Senate Education Committees the following information:
(1) The number of special education classes by local education agency;
(2) The number of special education students by local education agency;
(3) The number of special education teachers by local education agency;
(4) The number of special education aides by local education agency;
(5) The number and types of restraints and seclusion utilized over the twelve (12) months following this act's effective date by local education agency;
(6) The number of local education agencies that provide training in positive behavioral supports; and
(7) The number of local education agencies that provide training in the appropriate use of restraints and seclusion.
Establishes a study commission on methods of restraint employed on students who receive special education services to study this data and to make appropriate recommendations.
http://www.legislature.state.tn.us/bills/currentga/Chapter/PC0575.pdf
Title: S.B. 1662
Source: http://www.legislature.state.tn.us/
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| TN | Signed into law 07/2007 | P-12 | Adds new sections of law that specify the process for and rights of parties involved in special education due process hearings.
http://www.legislature.state.tn.us/bills/currentga/Chapter/PC0598.pdf
Title: S.B. 907
Source: Lexis-Nexis/StateNet
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| CT | Signed into law 06/2007 | P-12 | Relates to restraints and seclusion in public shools; concerns restriction on unreasonable restraints and seclusions of students; avoids the harmful effects of unreasonable restraints and seclusions on students; relates to special education students and students being evaluated; requires parental notification for each instance.
http://www.cga.ct.gov/2007/ACT/Pa/pdf/2007PA-00147-R00SB-00977-PA.pdf
Title: S.B. 977
Source: Connecticut Legislature
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| ME | Signed into law 06/2007 | P-12 | Implements the recommendations of the Subcommittee To Study Early Childhood Special Education; relates to early intervention and early childhood special education services for children from birth to 8 years of age.
http://janus.state.me.us/legis/LawMakerWeb/billtextsearch.asp
Title: S.B. 666
Source: Maine Legislature
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| ME | Signed into law 06/2007 | P-12 | Creates an Education Bill of Rights for deaf and hard-of-hearing children; provides for rights based on federal and state rules and laws; encourages the development of a communication-driven and language- driven educational delivery system for children who are deaf and hard-of-hearing; promotes the well- being and growth of students who are deaf or hard- of-hearing by ensuring that educational programs recognize the unique nature of deafness and the hard-of-hearing condition; provides for a working group.
http://janus.state.me.us/legis/LawMakerWeb/externalsiteframe.asp?ID=280025417&LD=1901&Type=1&SessionID=7
Title: H.B. 1335
Source: Maine Legislature
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| ME | Signed into law 06/2007 | P-12 | Expands the opportunity of preschool children with disabilities to continue to have a free and appropriate public education provided through the Child Development Services System; extends the window of eligibility, allowing children who reach 5 years of age between July 1st and October 15th to continue with the Child Development Services System.
http://janus.state.me.us/legis/LawMakerWeb/externalsiteframe.asp?ID=280022686&LD=317&Type=1&SessionID=7
Title: S.B. 99
Source: Maine Legislature
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| NJ | Signed into law 06/2007 | P-12 | Concerns Early Intervention Program services for children with autism. Requires Department of Health and Senior Services, in conjunction with the Departments of Education and Human Services, to establish a Statewide system of early intervention services for eligible infants and toddlers from birth to age 2-3 with physical, cognitive, communication, social or emotional, and adaptive developmental delays or disabilities in accordance with Part H of the "Individuals with Disabilities Education Act."
http://www.njleg.state.nj.us/2006/Bills/A4500/4056_R3.PDF
Title: A.B. 4056; S.B. 2568
Source: New Jersey Legislature
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| NJ | Signed into law 06/2007 | P-12 | Requires candidates for teaching certificates and current teachers to receive instruction in autism awareness and methods of teaching students with autism.
http://www.njleg.state.nj.us/2006/Bills/A4500/4055_R2.PDF
Title: A.B. 4055; S.B. 2558
Source: New Jersey Legislature
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| NV | Signed into law 06/2007 | P-12 | Revises provisions governing the inclusion of certain information in the biennial budget request for the state distributive school account for submission to the department of administration based upon the annual budgets submitted by the school districts. Creates the Grant Fund for Incentives for licensed educational personnel and requires the board of trustees of each school district to establish a program of incentive pay for certain employees of the school district. Individuals eligible for grant: (1) Licensed teachers, school psychologists, school librarians, school counselors and administrators employed at the school level who have been employed in that category of position for at least 5 years in the state or another state and who are employed in schools which are at-risk; and (2) Teachers who hold an endorsement in the field of mathematics, science, special education, English as a second language or other area of need within the school district, as determined by the state superintendent.
http://www.leg.state.nv.us/23rdSpecial/Bills/AB/AB1_EN.pdf
Title: A.B. 1A
Source: http://www.leg.state.nv.us
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| NV | Signed into law 06/2007 | P-12 | Revises provisions governing the rights of parents of pupils with disabilities. Provides that the rights of a parent of a pupil with a disability under the IDEA transfer to the pupil when the pupil attains the age of 18 years. Authorizes the parent of a pupil with a disability to submit a concise application to the school district or the charter school in which the pupil is enrolled for the appointment of the parent to represent the educational interests of the pupil when the pupil attains the age of 18 years.
http://www.leg.state.nv.us/74th/Bills/SB/SB115_EN.pdf
Title: S.B. 115
Source: http://www.leg.state.nv.us/
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| NY | Signed into law 06/2007 | P-12 | Enacts P.J.'s law; directs the commissioner of education to promulgate rules and regulations requiring school bus drivers and school bus attendants on a bus transporting a child or children with a disability to complete training, twice a year, on the special needs of children with a disability.
Title: S.B. 3294
Source: Lexis-Nexis/StateNet
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| VT | Signed into law 06/2007 | P-12 | Requires the agency of human services and the department of education to develop and implement a statewide initiative to sustain and enhance the system of care for individuals with autism spectrum disorders and their families.
http://www.leg.state.vt.us/docs/legdoc.cfm?URL=/docs/2008/bills/passed/S-121.HTM
Title: S.B. 121
Source: http://www.leg.state.vt.us
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| VT | Signed into law 06/2007 | P-12 | Provides for a slight rollback in property tax assessments for this year and would place a cap on property evaluations in the future. In addition, requires studies that look at: high-spending school districts, special education cost and the feasibility of adopting a statewide system of 3 or 5 year rolling reappraisals. There is also some language which changes the way that school districts and unions are able to negotiate collective bargaining agreements.
http://www.leg.state.vt.us/docs/legdoc.cfm?URL=/docs/2008/acts/ACT082.HTM
Title: H.B. 526
Source: http://www.leg.state.vt.us
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| WV | Proposed Rule COMMENT DEADLINE: 07/16/2007 08/13/2007 Rule Adoption 06/2007 | P-12 | Amends rules regarding the education of students with exceptionalities.
Title: Title 126, Series 16
Source: Lexis-Nexis/StateNet
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| GA | Signed into law 05/2007 | P-12 | Enacts the Georgia Special Needs Scholarship Act to provide scholarships for public school students with disabilities to attend eligible private schools. Establishes student eligibility requirements and requirements for private schools to participate in the scholarship program. Provides that the maximum scholarship granted a scholarship student must be equivalent to the costs of the educational program that would have been provided for the student in the resident school district, not including any federal funds. Provides that the scholarship amount must be the lesser of (1) the educational program costs in the resident school district or (2) the amount of the participating school´s tuition and fees. Authorizes the department of education to bar a school from participation in the program if the department determines that the school has intentionally and substantially misrepresented information or failed to refund to the state any scholarship overpayments in a timely manner.
http://www.legis.state.ga.us/legis/2007_08/pdf/sb10.pdf
Title: S.B. 10
Source: www.legis.state.ga.us
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| GA | Signed into law 05/2007 | P-12 | Enacts the Deaf Child's Bill of Rights Act. In developing an individualized education (IEP) program for a child who is deaf or hard of hearing, directs a district to consider the related services and program options that provide the child with an appropriate and equal opportunity for communication access. Directs the district to consider the child´s specific communication needs and, to the extent possible, address them in the child's IEP. Provides that a district must consider specific circumstances and resources in addressing the child's needs. To enable a parent to make informed decisions on the educational options suited to his/her child, requires all the educational options provided by the district and available to the child at the time the child´s individualized education program is prepared to be explained to the parent. Provides no deaf or hard-of-hearing child may be denied the opportunity for instruction in a particular communication mode or language solely because of certain specified circumstances. Provides that nothing in this section shall preclude instruction in more than one communication mode or language for any particular child, and that any child for whom instruction in a particular communication mode or language is determined to be beneficial must
receive such instruction as part of the child´s IEP.
http://www.legis.state.ga.us/legis/2007_08/pdf/sb168.pdf
Title: S.B. 168
Source: www.legis.state.ga.us
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| GA | Signed into law 05/2007 | P-12
Postsec. | Creates a Joint Study Committee on Continuing Education and Collegiate Sports Programs for Students with Disabilities. Directs the committee to undertake a study of what alternatives are open to the general assembly to identify and create opportunities for student athletes with disabilities at the collegiate level and explore the development of pilot programs, recruitment of athletes, and nonprofit and private sector support for different collegiate programs. Also directs the committee to explore current high school, community, and collegiate sports programs and facilities. http://www.legis.state.ga.us/legis/2007_08/pdf/hr322.pdf
Title: H.R. 322
Source: www.legis.state.ga.us
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| IN | Signed into law 05/2007 | P-12 | Requires every school corporation police officer to complete training to enable the officer to appropriately deal with individuals with autism and Asperger's syndrome. Allows a governing body to adjourn its schools to allow teachers, school administrators, and paraprofessionals to participate in an inservice course on autism. Sunsets January 1, 2011.
http://www.in.gov/legislative/bills/2007/PDF/HE/HE1428.1.pdf
Title: H.B. 1428
Source: www.in.gov
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| KS | Signed into law 05/2007 | P-12 | Establishes the Autism Task Force. Directs the task force to study and conduct hearings on the issues relating to, the needs of and services available for persons with autism including:
(1) The re-alignment of state agencies that provide services for children with autism;
(2) the availability or accessibility of services for the screening, diagnosis and treatment of children with autism and the availability or accessibility of services for the parents of children with autism;
(3) the need to increase the number of qualified professionals and paraprofessionals who are able to provide evidence-based intervention and other services to children with autism and incentives which may be offered to meet that need;
(4) the benefits currently available for services provided to children with autism;
(5) study and discussion of an autism registry which would (A) provide accurate numbers of children with autism, (B) improve the understanding of the spectrum of autism disorders and (C) allow for more complete epidemiologic surveys of the autism disorder;
(6) the establishment of a hotline that the parents of children with autism may use to locate services for children with autism;
(7) the creation and design of a financial assistance program for children with autism;
(8) additional funding sources to support programs that provide evidence-based intervention or treatment of autism, including funding for the development of regional centers of excellence for the diagnosis and treatment of autism; and
(9) develop recommendations for the best practices for early evidence-based intervention for children with autism.
Directs the task force to submit a preliminary report with recommendations for legislative changes by November 15, 2007, and the final report by November 15, 2008.
Establishes December 31, 2008 sunset for these provisions.
Bill: http://www.kslegislature.org/bills/2008/138.pdf
Fiscal note: http://www.kslegislature.org/fiscalnotes/2008/138.pdf
Supplementary note: http://www.kslegislature.org/supplemental/2008/SN0138.pdf
Title: S.B. 138
Source: www.kslegislature.org
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| MN | Signed into law 05/2007 | P-12 | The general education aid paid to school districts that were members of a cooperative that failed to meet federal special education maintenance of effort must be reduced by the amount that must be paid to the federal government due to the shortfall. The commissioner must apportion the aid reduction amount to the member school districts based on each district's individual shortfall in maintaining effort, and on each member district's proportionate share of any shortfall in expenditures made by the cooperative. Each district's proportionate share of shortfall in expenditures made by the cooperative must be calculated using the adjusted marginal pupil units of each member school district.
http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H2245.2.html&session=ls85
Title: H.F. 2245 [Failure to Meet Federal Maintenance of Effort]
Source: http://www.revisor.leg.state.mn.us
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| MN | Signed into law 05/2007 | P-12 | 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)
Title: H.F. 2245 [Early Intervening Services Program]
Source: http://www.revisor.leg.state.mn.us
| |
| MN | Signed into law 05/2007 | P-12 | Amends provisions relating to alternative delivery of specialized instructional services.
http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H2245.2.html&session=ls85 (Section 30)
Title: H.F. 2245 [Specialized Instructional Services]
Source: http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H2245.2.html&session=ls85
| |
| MN | Signed into law 05/2007 | P-12 | Directs the Department of Education to provide specialized services to the blind and physically handicapped through the Minnesota Library for the Blind and Physically Handicapped under a cooperative plan with the National Library Services for the Blind and Physically Handicapped of the Library of Congress.
http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H2245.2.html&session=ls85
Title: H.F. 2245 [Services to Blind and Physically Handicapped]
Source: http://www.revisor.leg.state.mn.us
| |
| MN | Signed into law 05/2007 | P-12 | Requires districts to annually report the districts special education litigation costs, including attorney fees and costs of due process hearings, to the commissioner of education.
http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H2245.2.html&session=ls85
Title: H.F. 2245 [Litigation Costs]
Source: http://www.revisor.leg.state.mn.us
| |
| MN | Signed into law 05/2007 | P-12 | Establishes a task force to recommend which state laws and rules that exceed or expand upon minimum federal special education requirements for providing special education programs and services to eligible students should be amended to conform with minimum federal requirements.
http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H2245.2.html&session=ls85
Title: H.F. 2245 [Special Education Requirements]
Source: http://www.revisor.leg.state.mn.us
| |
| NE | Signed into law 05/2007 | P-12 | Creates the special education task force to examine the provision of special education services and recommend policies and potential legislation to the clerk of the legislature and the education committee on or before December 31, 2007. The examination would include, but not be limited to: (1) Federal and state laws; (2) Special education services in other states; (3) Application of the "least-restrictive-environment" doctrine; (4) The availability of services across the state; (5) The use of private providers by public school districts; (6) The use of private providers by private citizens; and (7) The provision of services for wards of the state or wards of the court.
http://uniweb.legislature.ne.gov/FloorDocs/Current/PDF/Slip/LB316.pdf
Title: L.B. 316
Source: http://uniweb.legislature.ne.gov/
| |
| NE | Signed into law 05/2007 | P-12 | Adopts the autism treatment program act for the purposes of (1) creating the Autism Treatment Program administered by the Center for Autism Spectrum Disorders at the University of Nebraska Medical Center and (2) providing for the development of a waiver or an amendment to an existing waiver under the medical assistance program established in section 68-903. Creates fund and allocates funds.
http://uniweb.legislature.ne.gov/FloorDocs/Current/PDF/Slip/LB482.pdf
Title: L.B. 482
Source: http://uniweb.legislature.ne.gov/
| |
| TX | Signed into law 05/2007 | P-12 | H.B. 1230 requires the executive commissioner of the Health and Human Services Commission (executive commissioner) to monitor programs and services to study trends and to promote positive outcomes for transitional youth with disabilities. This bill requires transition counselors to receive training on long-term supports and services from other health and human services agencies. This bill also requires the executive commissioner to establish a work group with the goal of creating and implementing a plan to ensure the efficiency and availability of postschooling opportunities, state and local services for adults, and supported employment opportunities. Relates to services provided to youth with disabilities transitioning from school-oriented living to post-schooling activities, services for adults, and community living.
http://www.legis.state.tx.us/tlodocs/80R/billtext/pdf/HB01230F.pdf
Title: H.B. 1230
Source: http://www.legis.state.tx.us
| |
| AZ | Signed into law 04/2007 | P-12
Postsec. | Regards special education definitions for schools, adds autism. (Chapter No. 68)
Title: H.B. 2184
Source: http://www.azleg.gov
| |
| LA | Adopted 04/2007 | P-12 | Amends textbook adoption processes to come into compliance with U.S. Department of Education approval of IDEA, 2004. Directs that the state adopt materials that meet the National Instructional Materials Accessibility Standards (NIMAS). Provides procedures for a public review process prior to textbook adoption.
Pages 3-6 of 45: http://www.doa.louisiana.gov/osr/reg/0704/0704rul.pdf
Title: LAC 28:XXXIII.301, 303, 319, 503, 723, and 2001
Source: Lexis-Nexis/StateNet
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| MT | To governor 04/2007 | P-12 | Relates to services for individuals who are developmentally distabled, clarifies that such individuals may return to high school after graduation if they are not 19 years of age.
http://data.opi.mt.gov/bills/2007/billhtml/HB0195.htm
Title: H.B. 195
Source: http://data.opi.mt.gov
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| TX | Signed into law 04/2007 | P-12 | This bill provides that a school district to issue a certificate of attendance to a student who receives special education services, and who has completed four years of high school but has not completed the student's individualized education program. The bill further provides that a school district shall allow a student who receives a certificate to participate in a graduation ceremony with students receiving high school diplomas, and also provides that a student to which this provision applies may participate in only one graduation ceremony. Finally, the bill provides that this subsection does not preclude a student from receiving a diploma (regarding receiving a high school diploma upon completing an individualized education program for special education students).
http://www.legis.state.tx.us/tlodocs/80R/billtext/pdf/SB00673F.pdf
Title: S.B. 673
Source: http://www.legis.state.tx.us
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| WA | Signed into law 04/2007 | P-12 | Kevin's Law: Requires that by September 1, 2007, each school district that operates a high school shall permit any student meeting the following criteria to participate in commencement
exercises with the student's graduating class and be recognized for their accomplishments: (1) The student is receiving services under chapter 28A.155 RCW; (2) The student's individualized education program prescribes continued special education or related services beyond the fourth year of high school; and (3) The student has attended four years of high school. Declares that a student's participation in commencement exercises under this act shall not affect the student's possible future receipt of a high school diploma, a certificate of individual achievement or a certificate of academic achievement.
http://www.leg.wa.gov/pub/billinfo/2007-08/Pdf/Bills/House%20Passed%20Legislature/1050-S.PL.pdf
Title: H.B. 1050
Source: http://www.leg.wa.gov
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| MS | Signed into law 03/2007 | P-12 | Creates Caring for Mississippi Individuals with Autism Task Force to study growing incidence of and ways to improve services. Defines membership and duties.
http://billstatus.ls.state.ms.us/documents/2007/html/HB/1200-1299/HB1267SG.htm
Title: H.B. 1267
Source: http://billstatus.ls.state.ms.us
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| VA | Signed into law 03/2007 | P-12 | Requires the Superintendent of the Department of Correctional Education, in cooperation with the Department of Corrections, to create a system for identifying prisoners with learning disabilities. http://leg1.state.va.us/cgi-bin/legp504.exe?071+ful+HB2625ER
Title: H.B. 2625
Source: http://legis.state.va.us/
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| WV | Signed into law 03/2007 | P-12 | Amends Education Code in the following ways:
1) Prescribes authorities of county school boards.
2) Expands purposes for which schools may expend funds.
3) Establishes certain vehicle and driver safety requirements for transporting students to a school-sponsored activity.
4) Expands the purposes for which county boards may lease school buses.
5) Requires county school boards to provide suitable educational facilities, equipment and services for special education students.
6) Requires county school boards to give preference to professional educators currently employed by the board for summer school employment.
7) Establishes service personnel classification title for licensed practical nurse.
8) Adds posting and notice requirements for filling service personnel positions.
9) Prohibits displacement of aides to create vacancy for licensed practical nurse.
10) Establishes parameters for the workday and beginning work station for certain service personnel.
11) Modifies process for determining certain service personnel hiring priority in cases of school merger or consolidation.
12) Modifies personal leave procedures and authorizes transfer of personal leave in certain circumstances for all full-time employees of a county school board .
13) Modifies employment benefits accrued by substitute service personnel employed by a county school board.
14) Requires county school boards to make certain training available to all regularly employed teachers' aides.
15) Prohibits an autism mentor or aide who works with autistic students from transferring to another position after the fifth day prior to the beginning of the instructional term under certain conditions.
http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/hb2189%20EnrSUB.htm
Title: H.B. 2189
Source: http://www.legis.state.wv.us/
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| WY | Signed into law 03/2007 | Postsec.
Community College | Revises the Hathaway scholarship program by increasing curriculum requirements necessary to qualify for scholarships; establishes specific curriculum requirements for various scholarship levels for students graduating in the 2007-2008 school year, 2009-2010 school year, and 2010-2011 school year and thereafter, with requirements increasing each graduating year.
Beginning with the class of 2010-2011, requirements for honor or performance scholarship eligibility will be 4 years of math, including Algebra I & II and Geometry, 4 years of Language Arts, 4 years of Science, 3 years of Social Studies, and 2 years of a Foreign Language; requires courses necessary for scholarship eligibility to be aligned with state content and performance standards; requires all school districts to submit to the state department of education a list of courses provided in the district that satisfy the curriculum requirements specified in the bill, and for the department to verify the courses.
Requires accommodations are provided to a student with an individual education plan (IEP) or working under a federal 504 designation in order to meet the requirements of the success curriculum, including taking a modified course that is at grade level and is included within the scope of the student's IEP or 504 designation.
Beginning with the 2007-2008 school year and thereafter, requires counseling services to be provided to students in 8th - 12th grade on curriculum requirements of high school graduation, curriculum requirements necessary for each of the Hathaway scholarships and a summary of the various Hathaway scholarships, current achievement levels for the statewide proficiency assessment, the importance of curriculum for career options and the earning differences anticipated based upon curriculum choices and at various levels of postsecondary education, an assessment of the student's course history, as well as options available regarding future course selection and the consequences attached to selected course pathways, and other information regarding scholarship opportunities available to students and associated curriculum and student performance requirements. http://legisweb.state.wy.us/2007/Enroll/HB0097.pdf
Title: H.B. 97
Source: http://legisweb.state.wy.us/2007/bills.htm
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| AK | Adopted 02/2007 | P-12 | Amends rules to the Department of Education and Early Development. Replaces the term "special education waiver" with "special education alternate program certificate", to more accurately reflect the participation of teachersin an alternate route to special education certification. ALASKA 3403
http://touchngo.com/lglcntr/akstats/AAC/Title04.htm
Title: 4 AAC 12.340
Source: http://touchngo.com/lglcntr/akstats
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| IL | Signed into law 02/2007 | P-12 | 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, and retention of hearing officers, and evaluation of the impartial due process hearing system. Provides that amendments to hearing requests are permissible. Provides for informed parental consent. Relates to individualized educational programs. http://www.ilga.gov/legislation/94/SB/PDF/09400SB2796lv.pdf
Title: S.B. 2796
Source: Lexis-Nexis/StateNet
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| IL | Signed into law 02/2007 | P-12 | Provides that an individualized education program team may determine that a pupil must utilize time set aside for physical education to receive special education support and services. Requires the agreement by the parent or guardian or the determination by the individualized education program team that a pupil be excused from physical education to receive special education support and services to be made a part of the individualized education program. http://www.ilga.gov/legislation/94/SB/PDF/09400SB2762lv.pdf
Title: S.B. 2762
Source: www.ilga.gov
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| VA | Signed into law 02/2007 | P-12 | Provides that due process procedures for students with disabilities prescribed by the Board of Education must require that testimony be given under oath or affirmation administered by the hearing officer. This bill is identical to SB 847, which was also signed into law. http://leg1.state.va.us/cgi-bin/legp504.exe?071+ful+HB1962ER; http://leg1.state.va.us/cgi-bin/legp504.exe?071+ful+SB847ER
Title: H.B. 1962, S.B. 847
Source: http://legis.state.va.us/
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| OH | Signed into law 12/2006 | P-12 | Sec. 3301.0716 allows the state department of education to have access to personally identifiable student information under certain circumstances, including to respond to an appeal from a school district or school for verification of the accuracy of the student's score on a test; to determine whether the student satisfies the alternative conditions for a high school diploma; or if a testing contractor has notified the department that the student's written response to a question on such a test included threats or descriptions of harm to another person or the student's self and the information is necessary to enable the department to identify the student for purposes of notifying the school district or school in which the student is enrolled of the potential for harm. Allows the independent contractor engaged by the department of education to create and maintain for school districts and community schools the student data verification codes required by division (D)(2) of section 3301.0714 of the Revised Code to upon request of the director of health, assign a data verification code to a child who is receiving services under division (A)(2) of section 3701.61 of the Revised Code. The contractor is to provide that code to the director, who will submit it to the public school in which the child will be enrolled for special education and related services.
http://www.legislature.state.oh.us/bills.cfm?ID=126_HB_276
Title: H.B. 276 -- Section 3301.0716
Source: http://www.legislature.state.oh.us
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| UT | Adopted 12/2006 | P-12
Postsec. | Provides eligibility and award distribution requirements for the Public Education Job Enhancement Program (PEJEP), which offers funding to cover the tuition costs for a teaching endorsement, master's degree or graduate education to selected public school teachers in mathematics, physics, chemistry, physical science, learning technology, or information technology, and special education teachers; provides time lines for the submission and approval of applications; provides procedures for the distribution of awards and scholarships; provides procedures for monitoring PEJEP award participant compliance with the law and this rule. http://www.rules.utah.gov/publicat/code/r690/r690-100.htm; http://le.utah.gov/~code/TITLE53A/htm/53A02034.htm
Title: R690-100
Source: http://www.rules.utah.gov/main/
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| OR | Adopted 11/2006 | P-12 | Expands special education elementary authorization to allow special edteachers to be properly assigned in middle and junior high school. Clarifies experience and Continuing Professional Development (CPD) requirements. Clarifies requirements for Standard Teaching License renewal. Clarifies requirements for renewal of Personnel Service Licenses-Special Provisions. Clarifies requirement for license holder to report changes of address within 90 days of such change. Revises and updates definitions and references. OREGON 27853
Title: OAR 584-017-0120 through 584-100-0006 non seq
Source: Lexis-Nexis/StateNet
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| OR | Adopted 11/2006 | P-12 | Requires public schools to develop policies and procedures on the useof physical restraint and seclusion in schools. Requires schools to developbehavior support plans with specific content requirements and with parentparticipation.
Title: OAR 581-021-0061, -0061
Source: Lexis-Nexis/StateNet
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| AK | Rule Adoption 10/2006 | P-12 | Implements federal flexibility guidelines in the calculation of adequate yearly progress for the subgroup of students with disabilities.
http://www.eed.state.ak.us/regs/filed/4AAC_06.830_and_4AAC_06.830(b).pdf
Title: 4 AAC 06.830(b)
Source: http://www.eed.state.ak.us/
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| CA | Signed into law 09/2006 | P-12 | Amends existing law that requires all procedural safeguards under the federal Individuals with Disabilities Act to be established by each non educational and educational agency that provides education, related services, or both, to children who are individuals with exceptional needs. Specifies that a parent has the right to examine their child's records and receive copies within 5 business days after the request and before any individualized education program meeting, hearing, or resolution session.
Title: A.B. 2871
Source: California Legislature
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| CA | Signed into law 09/2006 | P-12 | Declares that the recommendations of the Superintendent of Public Instruction's advisory committee concerning means that public and private schools, including charter schools, may serve children with autism, are not to be construed as binding on an individualized education program team, special education official or autistic child or to define an education program for the child. Provides that the recommendations do not govern services provided through the Lanterman Developmental Disabilities Services Act.
Title: A.B. 2513
Source: California Legislature
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| CA | Signed into law 08/2006 | P-12 | Provides that any individual with exceptional needs, any pupil with a disability and any other pupil who requires specialized physical health care services, during the regular schoolday, may be assisted by designated school personnel. Declares the intent of the Legislature that none of the provisions of the bill cause the placement of individuals with exceptional needs at schoolsites other than those they would attend but for their needs for specialized physical health care services.
http://www.leginfo.ca.gov/pub/bill/asm/ab_1651-1700/ab_1667_bill_20060816_enrolled.pdf
Title: A.B. 1667
Source: California Legislature
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| NH | Rule Adoption 08/2006 | P-12 | Relates to the education and experience requirements for certificationas a SAIF, as well as the skills, competencies, and knowledge requirements.Clarifies the various types of certification that can qualify a person for SAIFcertification. Requires the program to provide a SAIF candidate with the same skills, competencies and knowledge required for SAIF certification.
Title: Ed 507.19; Ed 614.08
Source: Lexis-Nexis/StateNet
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| UT | Adopted 08/2006 | P-12 | Provides new definitions and makes changes within the Parents/Guardian Responsibilities section of rule concerning funding and procedures for Special Needs Scholarships involving private schools serving students with disabilities; requires documentation that must be submitted with an application; provides new payment provisions language; removes Retroactive Scholarship Payments section. http://www.rules.utah.gov/publicat/bulletin/2006/20060601/28736.htm
Title: R277-602
Source: http://www.rules.utah.gov/
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| CA | Signed into law 07/2006 | P-12 | Relates to a free appropriate public education to all children with disabilities, children with disabilities who have been suspended or expelled from school. Makes reporting requirement regarding a severance of attendance or denial of admission applicable to any child who is an individual with exceptional needs or a qualified handicapped person.
http://www.leginfo.ca.gov/pub/bill/sen/sb_1301-1350/sb_1327_bill_20060707_chaptered.pdf
Title: S.B. 1327
Source: California Legislature
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| MA | Signed into law 07/2006 | P-12 | Allows students with disabilities to participate in graduation ceremonies. A school age child with a disability who is completing the twelfth grade year but who has not yet earned the competency determination will be allowed to participate fully in high school graduation ceremonies and activities conducted or sponsored by the school or school committee even though the student will not receive a diploma during the ceremony.
http://www.mass.gov/legis/bills/house/ht04pdf/ht04710.pdf
Title: H.B. 4710
Source: Massachusetts Legislature
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| MO | Signed into law 07/2006 | P-12 | Removes a section of law that allows for an optional resolution conference to occur as the first step of due process in special education disputes. Provides that evaluations of private school students suspected of having a disability will be conducted by the school district where the school is located.
http://www.senate.mo.gov/06info/pdf-bill/tat/SB834.pdf
Title: S.B. 834
Source: http://www.senate.mo.gov/
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| NC | Signed into law 07/2006 | P-12 | Revises special education laws. Enables the state board of education and local educational agencies to implement the Individuals with Disabilities Education Act. Relates to early intervention, homeless children, public hearings, educational funding, the departments of health and human services, juvenile justice, and corrections, mediation, interpreters for hearing-impaired students, contracts with service providers, drug and alcohol addicted children, school buses, expulsion and textbooks.
http://www.ncleg.net/Sessions/2005/Bills/House/HTML/H1908v0.html
Title: H.B. 1908
Source: http://www.ncleg.net/Sessions
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| NY | Vetoed 07/2006 | P-12 | States that the board of education or trustees of the school district or the state agency responsible for providing education to students with disabilities will have the burden of proof, including the burden of persuasion and burden of production, in any impartial hearing.
Title: S.B. 8354
Source: Lexis-Nexis/StateNet
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| 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
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| RI | Signed into law 07/2006 | P-12 | Requires that the state department of administration and the Rhode Island public transit authority develop a plan for the creation and implementation of a statewide system of transportation of students with special needs and for all students including those without special needs to and from school.
Title: H.B. 7841; S.B. 2489
Source: Rhode Island Legislature
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| RI | Signed into law 07/2006 | P-12 | Requires the department of elementary and secondary education to plan, develop, create and implement a statewide system of transportation of students with special needs.
http://dirac.rilin.state.ri.us/BillStatus/WebClass1.ASP?WCI=Bills&WCE=BillEvent&WCU=S2489A
Title: S.B. 2489
Source: Rhode Island Legislature
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| AZ | Signed into law 06/2006 | P-12 | Establishes a funded state program of scholarships for pupils with disabilities; provides such students with the option of attending or receiving a scholarship to any qualified school of the pupil's choice; provides that notwithstanding prescribed enrollment policies or desegregation provisions, a school district or charter school shall enroll any child pursuant to this Article; amends provisions regarding student transportation; provides for parental involvement; provides for testing.
http://www.azleg.gov/legtext/47leg/2r/bills/hb2676h.pdf
Title: H.B. 2676
Source: Arizona Legislature
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| IA | Signed into law 06/2006 | P-12 | Requires service activities to students enrolled in nonpublic schools to be similar to those undertaken for public school students. Allows health services, special education support, and related services provided by area education agencies for the purpose of identifying children with disabilities, assistance with physical and communications needs of students with physical disabilities, and services of an educational interpreter to be provided on nonpublic school premises with the permission of the lawful custodian of the property. Authorizes other special education services to be provided on nonpublic school premises at the discretion of the school district or area education agency provider of the service and with the permission of the lawful custodian of the property. http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&menu=false&hbill=SF2272
Title: S.B. 2272 - Section 19
Source: coolice.legis.state.ia.us
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| MI | Signed into law 06/2006 | P-12 | Specifies that, beginning July 1, 2006, the board of a local school district or other public agency responsible for providing programs or services to a child with a disability would be responsible for 75% of the costs of providing a due process hearing.
http://www.legislature.mi.gov/documents/2005-2006/publicact/pdf/2006-PA-0186.pdf
Title: S.B. 1184
Source: http://www.legislature.mi.gov/
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| MI | Emergency Rule Adoption 06/2006 | P-12 | Amends Department of Education rules by establishing emergency rules for conducting special education hearings. http://www.state.mi.us/orr/emi/admincode.asp?AdminCode=Single&Admin_Num=34001881&Dpt=&RngHigh=39900102
Title: R 340.1883 - 1885
Source: http://www.michigan.gov/cis/0,1607,7-154-10576_35738---,00.html
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| NJ | Signed into law 06/2006 | P-12 | Requires the Department of Education to include in its parental rights in special education booklet, information describing services available through, and contact information for, state agencies serving adults with disabilities and to require all school districts with grades 9 through 12 to designate at least one staff member to serve as a disability services resource for parents.
http://www.njleg.state.nj.us/2006/Bills/S1500/1220_I1.PDF
Title: S.B. 1220
Source: http://www.njleg.state.nj.us
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| NY | Signed into law 06/2006 | P-12 | Requires special education teachers and special education administrators to be trained in the needs of autistic children. Authorizes the commissioner of education to create special certification for teachers and administrators in the area of children with autistic needs.
Title: S.B. 8340
Source: Lexis-Nexis/StateNet
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| AZ | Signed into law 05/2006 | P-12 | All students with disabilities in grades 2-12 will ge included in all state and district assessments, with appropriate accommodations and alternate assessments when necessary, as designated by IEP. Also addresses evaluation of students with disabilities and parental notice policies. Relates to special education; relates to standardized testing for monitoring education progress; provides that all students with disabilities shall be included in all general state and district assessments, with appropriate accommodations and alternate assessments where necessary and as indicated in their respective individual education program.
http://www.azleg.gov/legtext/47leg/2r/bills/sb1380s.pdf
Title: S.B. 1380
Source: Arizona Legislature
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| CO | Signed into law 05/2006 | P-12 | Creates the educational materials for the blind and dyslexic grant program to provide grants to nonprofit organizations that provide school districts with accessible educational materials for students who, because of a learning disability, visual impairment, or other physical disability, have difficulty reading the printed word; makes an appropriation.
http://www.leg.state.co.us/clics2006a/csl.nsf/fsbillcont3/A092B4FEC9E9B14487257068005300D1?Open&file=1004_rer.pdf
Title: H.B. 1004
Source: Colorado Legislature
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| CT | Signed into law 05/2006 | P-12 | 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 Individuals with Disabilities Education Act; provides that no child will be required to obtain a prescription for a controlled substance as a condition of attending school, receiving an evaluation or receiving services. Public Act No. 18
http://www.cga.ct.gov/2006/ACT/Pa/pdf/2006PA-00018-R00SB-00380-PA.pdf
Title: S.B. 380
Source: Connecticut Legislature
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| FL | Signed into law 05/2006 | P-12 | Requires 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
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| FL | Signed into law 05/2006 | P-12 | Individual education plans for exceptional students.--The Department of Education must develop and have an operating electronic IEP system in place for potential statewide use no later than July 1, 2007. The statewide system shall be developed collaboratively with school districts and must include input from school districts currently developing or operating electronic IEP systems.
http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h7087er.doc&DocumentType=Bill&BillNumber=7087&Session=2006
Title: H.B. 7087 (Section 31)
Source: Florida Legislature
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| KS | Signed into law 05/2006 | P-12 | Establishes the special education teacher service scholarship to award up to 50 scholarships a year of $3,000 a semester to Kansas residents with teacher certification who are accepted for admission to or enrolled in a program leading to licensure/endorsement to teach special education, and are in good standing at their postsecondary institution. Scholarship recipients must begin teaching special education within 6 months after licensure and agree to teach special education at an accredited public or private school in the state for at least 3 years. Establishes procedures for scholarship recipients to pay back monies with interest upon failure to satisfy any obligations of the agreement. Establishes in the state treasury the special education teacher service scholarship program fund and the special education teacher service scholarship repayment fund..
http://www.kslegislature.org/bills/2006/2578.pdf
Title: H.B. 2578 Section 1-8
Source: www.kslegislature.org
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| ME | Signed into law 05/2006 | P-12 | Relates to children with disabilities; consolidates and reorganizes the delivery of early childhood special education services; includes the child development services system to achieve efficiencies of cost and effectiveness of childhood special education programs; relates to a physical disability, mental condition or developmental delay; includes vision and hearing impairments. PL 662
http://www.mainelegislature.org/legis/bills/billtexts/ld177201-1.asp
Title: S.B. 689; LD 1772
Source: Maine Legislature
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| NY | Vetoed 05/2006 | P-12
Postsec.
Community College | Creates a New York state interagency council for services to persons who are deaf, deaf-blind or hard of hearing to promote a comprehensive service system for the deaf, deaf-blind and hard of hearing; directs council to submit a report to the governor, legislature and board of regents on the status of services for such persons.
Title: A.B. 9234
Source: Lexis-Nexis/StateNet
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| OK | Signed into law 05/2006 | P-12 | Modifies student transfer application limitation for students who are deaf or hard of hearing who wish to transfer to a school district with a specialized deaf education program. Deaf or hearing impaired students who wish to transfer to a school district with a specialized deaf education program may file applications at any time during the school year. Upon approval of the receiving school district, the student may transfer to the receiving school district at any time during the school year.
http://webserver1.lsb.state.ok.us/2005-06bills/HB/HB1646_ENR.RTF
Title: H.B. 1646
Source: http://webserver1.lsb.state.ok.us/2
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| VT | Signed into law 05/2006 | P-12 | Directs the commissioner of education, with the commissioner of health to annually inform superintendents and principals of appropriate practices regarding students with life-threatening allergies and chronic illnesses; and prepare and distribute policies, training materials, and school guidelines for managing students with life-threatening allergies and chronic illnesses, including family responsibilities, school responsibilities, and student responsibilities. Directs districts to annually:
(A) inform parents of students with life-threatening allergies and life-threatening chronic illnesses of applicable provisions of Section 504 of the Rehabilitation Act of 1973 and other applicable federal statutes, state statutes, federal regulations, and state rules;
(B) inform appropriate school staff of their responsibilities; and
(C) provide necessary training to carry out these responsibilities. http://www.leg.state.vt.us/docs/legdoc.cfm?URL=/docs/2006/acts/ACT158.HTM
Title: H.B. 611
Source: www.leg.state.vt.us
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| CO | Signed into law 04/2006 | P-12 | Concerns amendments to the exceptional children's educational act to conform with the federal individuals with disabilities education improvement act of 2004; revises the list of recommendations by the state department of education to the state board of education concerning necessary rules for the implementation of the Exceptional Children's Act; repeals a section concerning depository and retrieval network for visually impaired and hearing- impaired children. Session Law Chaptered. Chapter No. 102
http://www.leg.state.co.us/clics2006a/csl.nsf/fsbillcont3/53B0A140D695B9EA872570D8007ECCE0?open&file=118_enr.pdf
Title: S.B. 118
Source: Colorado Legislature
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| ID | Signed into law 04/2006 | P-12 | Amends existing law relating to the School for the Deaf and the Blind to allow for education services to be delivered to students residing outside the campus area in Gooding; revises the definition of eligible students. http://www3.state.id.us/oasis/S1427.html
Title: S.B. 1427
Source: Lexis-Nexis/StateNet
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| IL | Adopted 04/2006 | P-12 | Clarifies rules to acknowledge that facilities may be established not only by nonpublic entities but also public out-of-state schools and public authorities such as regional superintendents of schools. Clarifies rules to express the approach to be used in approving out-of-state programs. Institutes a two-year approval cycle for purposes of efficiency. Pages 123-149 of 524: http://www.cyberdriveillinois.com/departments/index/register/register_volume30_issue19.pdf
Title: 23 IAC 401.5, 10, 20, 30, 110, 120, 130, 140, 150, 210, 220, 230,240, 250, 260, 270, 280
Source: www.cyberdriveillinois.com
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| LA | Adopted 04/2006 | P-12 | Establishes procedures for hospital/homebound instruction for a student who is enrolled in regular or special education and who, as a result of health care treatment, physical illness, accident, or the treatment thereof, is temporarily unable to attend school. http://www.doa.state.la.us/osr/reg/0604/0604RUL.pdf
Title: LAC 28:CXV.1103
Source: Lexis-Nexis/StateNet, www.doa.state.la.us
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| MD | Signed into law 04/2006 | P-12 | Relates to blind and visually impaired students. Requires the State Department of Education to establish a specified instructional resources center to develop procedures to coordinate the statewide availability of textbooks and supplementary instructional materials that may be accessed using a nonvisual means; requires the Department to adopt the federal National Instructional Materials Accessibility Standard.
http://mlis.state.md.us/2006rs/bills/hb/hb0710e.pdf
Title: H.B. 710; S.B. 392
Source: Maryland Legislature
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| PA | Signed into law 04/2006 | P-12 | Amends the Public School Code of 1949. Provides for participation by students with disabilities in high school graduation ceremonies. Allows a student with a disability who satisfactorily completes an individualized education program, but whose program prescribes continued education after the fourth year of high school to participate in commencement ceremonies of the student's graduating class and receive a certificate of attendance.
http://www2.legis.state.pa.us/WU01/LI/BI/BT/2005/0/HB1618P3724.pdf
Title: H.B. 1618
Source: Pennsylvania Legislature
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| WI | Signed into law 04/2006 | P-12 | Clarifies that an assistive technology device does not include a medical device that is surgically implanted or the replacement of such a device; adds interpreting services to services provided; includes a child who is homeless, a ward of the state, county or child welfare agency and a child who is attending a private school; provides for examination of data disaggregated by race and ethnicity to determine the rate of longterm suspensions and expulsions of children with disabilities. Includes children with disabilities in assessments, with appropriate accomodations and alternative assessments.
http://www.legis.state.wi.us/2005/data/acts/05Act258.pdf
Title: Act No. 258
Source: http://www.legis.state.wi.us/
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| WV | Signed into law 04/2006 | P-12
Postsec. | Establishes the third week of October as Disability History Week. Directs public schools to provide instruction on disability history, people with disabilities and the disability rights movement. Provides that the instruction must be integrated into the existing school curriculum in a manner such as, but not limited to, supplementing existing lesson plans, holding school assemblies or providing other school activities. Encourages state institutions of higher education to conduct and promote activities that provide education, awareness and understanding of disability history, people with disabilities and the disability rights movement.
http://www.legis.state.wv.us/Bill_Text_HTML/2006_SESSIONS/RS/BILLS/hb4491%20enr.htm
Title: H.B. 4491
Source: www.legis.state.wv.us
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| ID | Signed into law 03/2006 | P-12 | Creates minimum standards for K-12 educational interpreters serving deaf or hard-of-hearing students.
http://www3.state.id.us/oasis/S1316.html
Title: S.B. 1316
Source: www3.state.id.us
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| KY | Signed into law 03/2006 | P-12 | Relates to telecommunications equipment for the deaf; relates to telecommunications devices for the deaf; changes the term telecommunications device for the deaf, or TDD, to specialized telecommunications equipment and defines the term; changes the term TDD distribution program to Telecommunications Access program. http://www.lrc.ky.gov/RECORD/06RS/SB88/bill.doc
Title: S.B. 88
Source: Lexis-Nexis/StateNet
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| MA | Signed into law 03/2006 | P-12 | Relates to the special education needs of children with autism spectrum disorder.
http://www.mass.gov/legis/bills/house/ht01pdf/ht01123.pdf
Title: H.B. 1123
Source: Massachusetts Legislture
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| UT | Signed into law 03/2006 | P-12 | Modifies the State System of Public Education Code by amending provisions of the Carson Smith Scholarship Program; modifies scholarship qualification provisions; requires notification to parents or guardians of the availability of scholarships; modifies eligible private school audit provisions. http://www.le.state.ut.us/~2006/bills/hbillenr/hb0351.pdf
Title: H.B. 351
Source: http://www.le.state.ut.us
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| WA | Signed into law 03/2006 | P-12 | Finds an urgent and substantial need to enhance the development of all infants and toddlers with disabilities in Washington in order to minimize developmental delays and to maximize individual potential for learning and functioning. Requires that, by September 1, 2009, each school district shall provide or contract for early intervention services to all eligible children with disabilities from birth to three years of age. Eligibility shall be determined according to Part C of the federal individuals with disabilities education act and as specified in the Washington Administrative Code. Provides that school districts shall provide or contract for early intervention services in partnership with local birth-to-three lead agencies and birth-to-three providers. Services provided under this act shall not supplant services or funding currently provided in the state for early intervention services to eligible children with disabilities from birth to three years of age. The state-designated birthto- three lead agency shall be payor of last resort for birthto- three early intervention services provided under this act. Declares that the services in this act are not part of the state's program of basic education pursuant to Article IX of the state Constitution.Requires each school district to provide or contract for early intervention services to all eligible children with disabilities from birth to 3 years of age; requires that special education and training programs provided by the state and the school districts thereof shall be extended to include children of preschool age.
http://www.leg.wa.gov/pub/billinfo/2005-06/Pdf/Bills/Session%20Law%202006/1107-S.SL.pdf
Title: H.B. 1107
Source: http://www.leg.wa.gov
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| WA | Signed into law 03/2006 | P-12 | Requires standards for educational interpreters for students who are deaf or hard of hearing be developed by the Superintendent of Public Instruction. http://www.leg.wa.gov/pub/billinfo/2005-06/Pdf/Bills/Session%20Law%202006/6606.SL.pdf
Title: S.B. 6606
Source: http://www.leg.wa.gov
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| WI | Signed into law 03/2006 | P-12 | Establishes a clearinghouse for information about special education transition services and vocational opportunities that are available in each county; provides that the information shall be posted on the appropriate Web site. (Act 218)
http://www.legis.state.wi.us/2005/data/acts/05Act218.pdf
Title: A.B. 308
Source: http://www.legis.state.wi.us
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| KY | Adopted 02/2006 | P-12 | Clarifies provisions relating to awarding of high school diplomas to students with disabilities. States that if the severity of an exceptional student's disability precludes the student from completing the standard high school graduation requirements, the student must be offered an alternative course of study based upon student needs and the provisions specified in 704 KAR 3:303, Program of studies. Mandates that a student who completes an alternative course of study must receive a certificate of work readiness and employability, consistent with the graduation practices for all students.
http://www.lrc.ky.gov/kar/704/003/305reg.htm
Title: 704 KAR 3:305 (section 7)
Source: www.lrc.ky.gov/kar/
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| MO | Issued 02/2006 | P-12 | Transfers the Assistive Technology Advisory Council to the Department of Elementary and Secondary Education from the state Office of Administration.
http://www.gov.mo.gov/eo/2006/eo06_006.htm
Title: Executive Order 06-06
Source: http://www.gov.mo.gov
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| SD | Signed into law 02/2006 | P-12 | Revises state aid to special education; provides for a special education levy percentage per dollars of valuation.
http://legis.state.sd.us/sessions/2006/bills/HB1025enr.pdf
Title: H.B. 1025
Source: http://legis.state.sd.us
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| CA | Signed into law 01/2006 | P-12 | Requires school districts or state special schools to grant a high school diploma to a pupil with a disability who is scheduled to graduate from high school in 2006, has not passed the high school exit examination, has not received a high school exit examination waiver, and meets other specified criteria. The bill requires districts or state special schools that fails to grant a high school diploma to such a pupil to submit
certain documentation to the State Board of Education within 15 days of its determination that the pupil does not meet the specified criteria, and requires the board to review that failure to grant a high school diploma.
http://www.leginfo.ca.gov/pub/bill/sen/sb_0501-0550/sb_517_bill_20060130_chaptered.html
Title: S.B. 517
Source: California Legislative Site
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| NJ | Signed into law 01/2006 | P-12 | Establishes the Special Education Review Commission. http://www.njleg.state.nj.us/2004/Bills/AL05/339_.PDF
Title: S.B. 2417
Source: http://www.njleg.state.nj.us
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| LA | Adopted 12/2005 | P-12 | Establishes new special education course codes that will allow students with disabilities and gifted and talented students to earn Carnegie units and it will allow districts to track the courses in which the students are enrolled.
AGENCY CONTACT: Nina A Ford, Board of Elementary and Secondary Education, Box 94064, Capitol Station, Baton Rouge, LA 70804-9064
Page 5 of 106 http://www.doa.state.la.us/osr/reg/0512/0512RUL.pdf
Title: LAC 28:CXV.2333, 2355, 2364 and 2369
Source: www.doa.state.la.us, Lexis-Nexis/StateNet
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| LA | Adopted 12/2005 | P-12 | These changes clarify that all local education agencies must be monitored, eliminates the exemplary category, and adds a new category called targeted monitoring. It also clarifies that agencies must begin correcting non-compliance upon receipt of the monitoring report, requires agencies to develop an intensive corrective action plan (ICAP) when compliance is not reached in one year, requires additional actions in conjunction with the ICAP, and allows the state
superintendent to impose special conditions on the agencies IDEA Part B grant award without the need for approval from the State Board of Elementary and Secondary Education. This new monitoring process began in 1999 and, after five years of implementation, changes were needed to make the process more effective.
Page 40 of 106: http://www.doa.state.la.us/osr/reg/0512/0512RUL.pdf
Title: LAC 28:XCI.101, 105-111, 301, 303-317, 507, and 509
Source: www.doa.state.la.us, Lexis-Nexis/StateNet
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| LA | Adopted 12/2005 | P-12 | Grants a school district the option of a two-year renewal of Out-of-Field Authorities to Teach (OFAT) for individual pursuing certification in special education areas.
AGENCY CONTACT: Nina A Ford, Board of Elementary and Secondary Education, Box 94064, Capitol Station, Baton Rouge, LA 70804-9064
Title: LAC 28:I.903
Source: Lexis-Nexis/StateNet,
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| LA | Adopted 11/2005 | P-12 | Amends the accountability system calculations to take advantage of new flexibility in guidance for No Child Left Behind and address situations that were not considered when the accountability policy was initially written.
§305. Calculating the CRT Index
§509. Inclusion of Alternate Assessment Results in Accountability Reporting
§703. Inclusion of Students in the Subgroup Component
§3901. Assessment of Students with Disabilities
§3903. LEAP Alternate Assessment Participation Criteria
AGENCY CONTACT: Nina A Ford, Board of Elementary and Secondary Education, Box 94064, Capitol Station, Baton Rouge, LA 70804-9064
http://www.doa.state.la.us/osr/reg/0511/0511RUL.pdf
Title: LAC 28:LXXXIII.305, 509, 703, 3901-3905
Source: Lexis-Nexis/StateNet and www.doa.state.la.us/osr
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| WV | Adopted 11/2005 | P-12 | WEST VIRGINIA 4765, SUMMARY: Amends rules relating to alternate academic achievement standards for West Virginia schools.
EFFECTIVE DATE: 12/14/2005
Title: Title 126, Series 44P
Source: Lexis-Nexis/StateNet
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| CA | Vetoed 10/2005 | P-12 | High school exit examination: pupils with disabilities. This bill would require a school district to grant a high school
diploma to a pupil with a disability, if he or she is scheduled to graduate from high school in 2006 or 2007, does not qualify for that
high school exit examination waiver, and meets other specified criteria, including having an individualized education program or
other specified plan. The bill would require a school district, consistent with that program or plan, to provide pupils who meet the
criteria the opportunity to participate in specified instruction. The bill also would require the school district to report to the
Superintendent of Public Instruction regarding the number and characteristics of pupils granted diplomas in this manner.
Title: S.B. 586
Source: StateNet
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| CA | Signed into law 10/2005 | P-12 | Existing law establishes a right of individuals with exceptional needs to receive free appropriate public education and ensures the right to special instruction and related services needed to meet their unique needs, in conformity with federal law. This bill would make various revisions generally conforming state law to federal requirements relating to, among others, pupil identification, assessment, and eligibility; individualized education program development, including notice, representation, and hearing procedures and requirements; and pupil data confidentiality, and would make other technical, nonsubstantive changes. To the extent that these revisions would impose new duties on local educational agencies, the bill would impose a state-mandated local program.
Title: H.B. 1662
Source: StateNet
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| MI | Signed into law 09/2005 | P-12 | A special education advisory committee is created in the department of education.
Title: S.B. 83
Source: StateNet
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| NM | Rule Adoption 09/2005 | P-12 | Amends rules relating to special education and children with disabilities as well as gifted children. Relates to the rights and responsibilities of the Public Schools and of the students. NEW MEXICO REG 4351 (SN)
Title: NMAC 6.31.2, 6.11.2
Source: StateNet
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| NY | Emergency Rule Adoption 09/2005 | P-12 | Establishes emergency rules to immediately conform these rules regarding the provision of special education services to the requirements of the federal Individuals with Disabilities Education Act (IDEA). Ensures the rights of students with disabilities and their parents. NEW YORK REG 17795 (SN)
http://www.dos.state.ny.us/info/register/2005/sept28/pdfs/Rules.pdf
Title: Title 8 NYCRR Sections 100.2, 200.1 - .7, 200.14, 200.16, 201.2 - .5, 201.7 - .11
Source: StateNet
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| OR | Signed into law 08/2005 | P-12 | Establishes within the State School Fund a High Cost Disabilities Account. Each fiscal year, the department of education is to distribute moneys from the account to school districts as high cost disabilities grants. A school district may receive moneys from the account if it has a resident pupil with disabilities for whom the approved costs to the school district of providing special education and related services exceed $30,000. The department The department determines the approved costs incurred based on several criteria. http://www.leg.state.or.us/05reg/measpdf/hb2400.dir/hb2450.en.pdf
Title: H.B. 2450
Source: http://www.leg.state.or.us
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| SD | Adopted 08/2005 | P-12 | Aligns rules with the federal 2004 IDEA legislation. Enables districts to inform in-service teachers about the federal new requirements. Allows educators additional means of adding endorsements and authorizations to their certificates. Increases certification fees and records review fees. SOUTH DAKOTA REG 4133 (SN)
Title: SDCR 24:05:25:06, 27:01.01 thru 01.06, 04.01, .02, 08.01 thru .04, 27:09, 12, 13.02, 15 thru .03, 16, 18, 19.01, 30:06.01, 15:02:08, 03:01, 03, .01, 06, 08 thru 10, 06:02
Source: StateNet
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| IL | Signed into law 07/2005 | P-12 | Requires that the state board implement and administer a Giant Steps Autism Center for Excellence pilot program for the study and evaluation of autism and to provide related training for teachers, paraprofessionals, and respite workers, therapist training, and consultative services. Authorizes the state board to make grants to school districts and other programs that apply to participate in the Giant Steps Autism Center for Excellence program.
http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=094-0196
Title: S.B. 3
Source: http://www.ilga.gov
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| IL | Signed into law 07/2005 | P-12 | Amends the Children with Disabilities Article of the School Code. Provides that the reimbursement of a school district for the amount of paid tuition of a child attending a non-public school or special education facility, public out-of-State school, or county special education facility is not authorized unless the State Superintendent finds that the school district is in substantial compliance with a Section of the Code concerning special educational facilities for children with disabilities (now, the school district must also certify to the State Superintendent of Education that the special education program of the district is unable to meet the needs of a child because of the child's disability in order for reimbursement to be authorized). http://www.ilga.gov/legislation/publicacts/94/PDF/094-0177.pdf
Title: H.B. 728
Source: http://www.ilga.gov/
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| IL | Signed into law 07/2005 | P-12 | Amends the Interagency Coordinating Council Act. With respect to the annual report that the Council is required to make to the Governor and the General Assembly, provides that in the 2007 report, the Council shall include recommendations for expanding the recruitment of students and school personnel into programs that provide the coursework for Learning Behavioral Specialist II-Transition Specialist certification.
http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=094-0230
Title: S.B. 768
Source: http://www.ilga.gov
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| IL | Signed into law 07/2005 | P-12 | 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 eligible children of the existence of other, local facilities that provide services similar to these schools and the services that the facilities provide. Effective immediately. http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=094-0376
Title: S.B. 87
Source: StateNet
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| MN | Signed into law 07/2005 | P-12 | For purposes of computing special education base revenue, the cost of providing transportation for children with disabilities includes (A) the additional cost of transporting a homeless student from a temporary nonshelter home in another district to the school of origin, or a formerly homeless student from a permanent home in another district to the school of origin but only through the end of the academic year; and (B) depreciation on district-owned school buses purchased after July 1, 2005, and used primarily for transportation of pupils with disabilities, calculated according to paragraph (a), clauses (ii) and (iii). Depreciation costs included in the disabled transportation category must be excluded in calculating the actual expenditure per pupil transported in the regular and excess transportation categories.
Notwithstanding paragraph (e), if the pupil is homeless and placed in a public or private homeless shelter, then the district that enrolls the pupil under section 127A.47, subdivision 2, shall provide the transportation, unless the district that enrolls the pupil and the district in which the pupil is temporarily placed agree that the district in which the pupil is temporarily placed shall provide transportation.
http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H0141.1&session_year=2005&session_number=1
Title: H.F. 141 - Multiple Components
Source: http://www.revisor.leg.state.mn.us/
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| OR | Signed into law 07/2005 | P-12 | Adds interpreting services, social work services, and school nurse services designed to enable a child with a disability to receive a
free appropriate public education as described in the individualized education program of the child. Clarifies that "Related services" does not include a medical device that is surgically implanted or the replacement of a medical device that is surgically implanted. Requires districts to reevaluate each child with a disability in accordance with rules adopted by the State Board of Education and to ensure that an individualized education program is developed, reviewed and revised for each child with a disability. Amends hearing procedures. Allows districts to order a change in placement to an appropriate interim alternative educational setting for up to 45 school days without regard to whether the behavior is determined to be a manifestation of the child¢s disability because the child has inflicted serious bodily injury upon another person while at
school, on school premises or at a school function under the jurisdiction of the Department of Education or school district; and adds an additional reason: If school personnel order a change in placement to an interim alternative educational setting for more than 10 school days for a child with a disability who violates a code of student conduct and the behavior that gave rise to the violation is determined not to be a
manifestation of the child¢s disability. Allows school personnel to consider any unique circumstances on a case-by-case basis when determining whether to order a change in placement for a child with a disability who violates a code of student conduct. Amends membership of the State Interagency Coordinating Council. Prohibits personnel or teachers from requiring a child to obtain a prescription for a substance covered by the Controlled Substances Act, 21 U.S.C. 801 et seq., as a condition of attending school, receiving an evaluation to determine eligibility for early childhood special education or special education or receiving early childhood special education or special education services.
http://www.leg.state.or.us/05reg/measpdf/hb3100.dir/hb3168.en.pdf
Title: H.B. 3168
Source: http://www.leg.state.or.us
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| CO | Vetoed 06/2005 | P-12 | Recognizes the importance of supplemental online education courses, especially to smaller districts and rural schools. States that such courses are eligible to receive funding from the state education fund created in article IX of the state constitution. Requires the department, on or before October 1, 2005, to contract with a supplemental on-line course provider to provide high-quality supplemental on-line education courses statewide for purchase by districts, boards of cooperative services, charter schools and the state charter school institute. Requires the contracting provider to work with these entities to allow schools to (1) offer courses for all students in all performance ranges, including gifted and talented students and students in need of remediation; (2) resolve class scheduling conflicts; (3) provide make-up credits for students and summer school options to help students graduate earlier; (4) offer courses for expelled and home-bound students; (5) offer courses for which local teachers are not available; (6) offer courses allowing students to meet higher education admission requirements; (7) meet federal requirements for highly qualified teachers; and (8) provide teacher professional development. Requires the supplemental online course provider to be a nonprofit or not-for-profit organization or school district, have documented evidence of program evaluation, and to meet other requirements. Specifies minimum provisions of a contract for supplemental online education courses, including that the contractor must provide at least 50 online courses in specified subject areas, the teachers meet the federal requirements for a highly qualified teacher, and that, where applicable, the courses are based on the state model content standards. Requires the contractors to annually report to the department and the legislature on specified details about the program during the preceding year. Makes an allocation.
http://www.leg.state.co.us/Clics2005a/csl.nsf/fsbillcont3/4723DE9EE54766D487256F810074794F?Open&file=139_enr.pdf
Title: S.B. 139
Source: www.leg.state.co.us
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| FL | Signed into law 06/2005 | P-12 | Requires a representative of the department of education to serve on the Assistive Technology Advisory Council. Requires council members to be appointed by the commissioner of education. Requires the council to appoint a public policy and advocacy committee to review federal and state legislation and agency policies and practices and to identify facilitators of and barriers to access and utilization of assistive technology services, devices, and funding sources. Expands duties of council.
http://www.flsenate.gov/session/index.cfm?BI_Mode=ViewBillInfo&Mode=Bills&SubMenu=1&Year=2005&billnum=1099
Title: H.B. 1099
Source: www.flsenate.gov
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| FL | Signed into law 06/2005 | P-12 | Eliminates requirement that for purposes of participating in the personal care attendant program, the department of education determine the applicant eligible for training services. Eliminates requirement that the association, in cooperation with the Division of Vocational Rehabilitation of the Department of Education, assess the selected participants and make recommendations for their placement into appropriate work-related training programs. Mandates that the Department of Health establish an oversight workgroup for the personal care attendant program to oversee the implementation and administration of the program. Requires one member of the workgroup to be a representative from the Division of Vocational Rehabilitation of the Department of Education.
http://www.flsenate.gov/session/index.cfm?BI_Mode=ViewBillInfo&Mode=Bills&SubMenu=1&Year=2005&billnum=720
Title: S.B. 720
Source: www.flsenate.gov
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| 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
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| HI | Signed into law 06/2005 | P-12 | Specifies the time period within which a hearing must be requested by a parent or guardian of a child with a disability, or by the department, on matters relating to the identification, evaluation, program or placement of a child with a disability. Provides exemptions to this time limit.
http://www.capitol.hawaii.gov/sessioncurrent/bills/sb1661_cd1_.htm
Title: S.B. 1661
Source: www.capitol.hawaii.gov
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| SC | Signed into law 06/2005 | P-12 | Joint resolution to approve regulations of the state board of education; The state board promulgated amendments to R 43-243.4, Utilization of Generic Teacher Certification, that will allow persons holding a generic teaching certificate issued by the state department to provide instruction to students with mild disabilities diagnosed as learning disabled, emotionally disabled, or educable mentally disabled through either a resource or an itinerant services delivery model. Persons holding a generic teaching certificate are also authorized to provide instruction in a self-contained setting for students diagnosed as learning disabled or educable mentally disabled. http://www.scstatehouse.net/sess116_2005-2006/prever/3892_20050519.htm
Title: H.J.R. 3892
Source: http://www.scstatehouse.net
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| AZ | Signed into law 05/2005 | P-12 | Amends the definition of parent and defines due process hearing, impartial administrative law judge, public education agency and state educational agency.
· Removes the definition of the term exceptional child.
· Removes the requirement for the state board to adopt rules in regards to a due process hearing officer.
· Requires the state board to adopt rules for due process hearings which comply with the following:
· The parent, adult student or public educational agency may initiate a due process hearing by submitting a written request to the state educational agency or the public educational agency if there is a proposal or refusal to initiate or change the identification, assessment, placement or the provision of a free appropriate public education of a pupil with a disability. The public education agency must forward all requests to the state education agency; the state educational agency must forward any requests to the Office of Administrative Hearings. Requests made by the state educational agency must also be immediately transmitted to the public educational agency.
· A decision made in a hearing conducted will be considered final, except that any party involved in a hearing may bring a civil action in any court of competent jurisdiction without regard to the amount in controversy.
· Requires state educational agencies to provide a model form that any party may use in requesting a due process hearing.
· Requires the public education agency to pay for the costs of the written verbatim record.
· Requires the public education agency to pay all costs associated with any hearing conducted under these provisions. Additionally, the public education agency or a public agency pool must contract with the Office of Administrative Hearings for the purpose of due process hearings.
· Requires the article on Uniform Administrative Appeals Procedures to be applied to all hearings, to an extent which is not inconsistent with the stated requirements and federal and state law regarding the education of students with disabilities.
· Makes technical and conforming changes.
http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=2534
Title: H.B. 2534
Source: www.azleg.state.az.us
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| CO | Signed into law 05/2005 | P-12 | Provides that if, as part of a student's individual educational program (IEP), a student attends part-time a school or program away from the school where the student is enrolled, the district in which a student is enrolled may designate either the school of residency or the school of attendance as the school to which the student's scores will be assigned to calculate school academic performance ratings.
Requires the department to conduct a study of the administration of assessments for students with an IEP who are not eligible to take the CSAP-A (alternate assessment for students with most severe disabilities). Requires the study to examine and evaluate:
(a) THE EFFECT OF THE ADMINISTRATION OF ASSESSMENTS ON STUDENTS WITH INDIVIDUAL EDUCATIONAL PROGRAMS WHO ARE NOT ELIGIBLE TO TAKE THE CSAP-A ASSESSMENT, INCLUDING BUT NOT LIMITED TO THE EFFECT ON STUDENTS WHO ARE DEEMED UNABLE TO COMPLETE THE ASSESSMENT;
(b) WHETHER, FOR STUDENTS WITH AN INDIVIDUAL EDUCATION PROGRAM WHO ARE NOT ELIGIBLE FOR THE CSAP-A ASSESSMENT, IT WOULD BE APPROPRIATE TO DESIGNATE IN A STUDENT'S INDIVIDUAL EDUCATIONAL PROGRAM THE GRADE OR GRADES OF THE CSAP ASSESSMENTS THAT THE STUDENT SHOULD BE ADMINISTERED.
(c) THE NEED FOR SCHOOL DISTRICTS TO BE HELD ACCOUNTABLE FOR TEACHING STATE CONTENT STANDARDS TO STUDENTS WITH INDIVIDUAL EDUCATIONAL PROGRAMS WHO ARE NOT ELIGIBLE TO TAKE THE CSAP-A ASSESSMENT;
(d) THE EFFECT OF BOTH INCLUDING AND NOT INCLUDING THE SCORES OF STUDENTS WITH INDIVIDUAL EDUCATIONAL PROGRAMS WHO ARE NOT ELIGIBLE TO TAKE THE CSAP-A ASSESSMENT IN THE CALCULATIONS OF SCHOOL PERFORMANCE RATINGS PURSUANT TO SECTION 22-7-604;
(e) A SURVEY OF THE TYPES OF ASSESSMENTS USED BY OTHER STATES IN ASSESSING STUDENTS WHO ARE COMPARABLE TO STUDENTS IN THIS STATE WHO HAVE INDIVIDUAL EDUCATIONAL PROGRAMS WHO ARE NOT ELIGIBLE TO TAKE THE CSAP-A ASSESSMENT, WHETHER OTHER STATES USE THOSE ASSESSMENT SCORES IN CALCULATING SCHOOL PERFORMANCE RATINGS, WHETHER THE ASSESSMENTS ALIGN WITH THE STATE MODEL CONTENT STANDARDS ADOPTED PURSUANT TO SECTION 22-7-406, AND WHETHER THE ASSESSMENTS HAVE BEEN, OR WOULD LIKELY BE, APPROVED BY THE FEDERAL DEPARTMENT OF EDUCATION; AND
(f) FEDERAL CONSTITUTIONAL, LEGAL, AND REGULATORY ISSUES SURROUNDING THE ASSESSMENT OF STUDENTS WITH INDIVIDUAL EDUCATIONAL PROGRAMS WHO ARE NOT ELIGIBLE TO TAKE THE CSAP-A ASSESSMENT AND HOW FEDERAL FUNDING OF PUBLIC SCHOOLS MAY BE IMPACTED BY ADMINISTERING SUCH ASSESSMENTS.
Provides for the creation of a bipartisan study committee to work with the department in conducting the aforementioned study. Requires the department to present its findings to the state board of education and the legislature by December 31, 2005.
http://www.leg.state.co.us/Clics2005a/csl.nsf/fsbillcont3/AD6330E65A2E85AB87256F5C007F6625?Open&file=1246_enr.pdf
Title: H.B. 1246
Source: www.leg.state.co.us
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| DE | Rule Adoption 05/2005 | P-12 | Amends regulation concerning Instructional Program Requirements by removing the Functional Life Skills Curriculum to conform to Federal Regulations. Letter from State Council for Persons with Disabilities: http://www2.state.de.us/scpd/datafiles/regltr/8-1405-1.pdf
Regulations as amended: http://www.state.de.us/research/AdminCode/title14/500/503.shtml#TopOfPage
Title: 14 DAC 503
Source: StateNet
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| FL | Signed into law 05/2005 | P-12 | States the importance of accessibility, utilization, and coordination of appropriate assistive technology devices and services for children and youth with disabilities. To ensure the transaction of assistive technology devices, requires interagency agreements among the Florida Infants and Toddlers Early Intervention Program in the Division of Children's Medical Services of the Department of Health; the Division of Blind Services, the Bureau of Exceptional Education and Student Services, and the Division of Vocational Rehabilitation of the Department of Education; and the Voluntary Prekindergarten Education Program administered by the Department of Education and the Agency for Workforce Innovation.
Requires these interagency agreements to provide a framework for ensuring that young persons with disabilities and their families, educators, and employers are informed about the utilization and coordination of assistive technology devices and services that may assist in meeting transition needs, and shall establish a mechanism by which a young person or his or her parent may request that an assistive technology device remain with the young person as he or she moves through the continuum from home to school to postschool.
http://www.myfloridahouse.gov/bills_detail.aspx?Id=17451&iSessionSelectedIndex=1&sBillSubjectText=&sBillNumberText=2550&iSponsorSelectedIndex=0&iBillListSelectedIndex=0&sStatueAmendedText=&iBillTypeSelectedIndex=0&iReferredToSelectedIndex=0&iChamberSelectedIndex=1&iBillSearchListPageIndex=0
Title: S.B. 2550
Source: www.myfloridahouse.gov
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| FL | Signed into law 05/2005 | P-12 | Deletes provisions authorizing AHCA to adopt emergency rules governing home & community-based services delivery system; provides Medicaid rate-setting process; revises Medicaid prescribed drug spending control program; directs AHCA to implement, & authorizes it to seek federal waivers for, program of all-inclusive care for children; establishes memory disorder clinic at FAU, etc. http://www.flsenate.gov/session/index.cfm?BI_Mode=ViewBillInfo&Mode=Bills&SubMenu=1&Year=2005&billnum=404
Title: S.B. 404
Source: www.flsenate.gov
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| FL | Vetoed 05/2005 | P-12 | 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 purposes of
classification or placement for special education for any disorder listed in the Diagnostic and Statistical Manual of Mental Disorders, the parent must be notified that:
(a) The behaviors prompting the evaluation could be the result of underlying physical conditions.
(b) The parent should consider consulting a medical doctor to rule out physical causes.
(c) The parent has the right to decline the evaluation.
(d) The evaluation and subsequent classification or placement may be documented on the student's cumulative record.
(Vetoed because similar bill enacted, S.B. 1090: http://www.myfloridahouse.gov/bills_detail.aspx?Id=16186&iSessionSelectedIndex=1&sBillSubjectText=&sBillNumberText=1090&iSponsorSelectedIndex=0&iBillListSelectedIndex=0&sStatueAmendedText=&iBillTypeSelectedIndex=0&iReferredToSelectedIndex=0&iChamberSelectedIndex=1&iBillSearchListPageIndex=0)
http://www.myfloridahouse.gov/bills_detail.aspx?Id=15715&iSessionSelectedIndex=1&sBillSubjectText=&sBillNumberText=1090&iSponsorSelectedIndex=0&iBillListSelectedIndex=0&sStatueAmendedText=&iBillTypeSelectedIndex=0&iReferredToSelectedIndex=0&iChamberSelectedIndex=1&iBillSearchListPageIndex=0
Title: H.B. 209
Source: www.myfloridahouse.gov
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| IN | Signed into law 05/2005 | P-12 | Changes the name of the School for the Blind to the School for the Blind and Visually Impaired. Changes the title of "superintendent" to "chief executive officer" at both the Indiana School for the Blind and Visually Impaired and the Indiana School for the Deaf. Adds that one of the qualifications for each CEO is at least 5 years experience supervising other people.
http://www.in.gov/legislative/bills/2005/HE/HE1314.1.html
Title: H.B. 1314 (Section 1-13, 22 ff)
Source: www.in.gov
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| IN | Signed into law 05/2005 | P-12
Postsec. | Creates the office of technology by combining the duties performed by the division of information technology of the department of administration, the information technology oversight commission, and the enhanced data access review committee. Provides that the office of technology shall assist the intelenet commission in continuing to provide those services supplied by the intelenet commission as of July 1, 2005. Provides that the office of technology shall assist political subdivisions in coordinating operations of information technology systems. Directs the office of technology to appoint a group to develop accessibility standards. Transfers to the new office the duties, rules, personnel, equipment of the combined entities, and funds (except for funds held by the intelenet commission). Makes conforming changes. Provides that the chief information officer of the office of technology participates in decisions made by the higher education telecommunications system. Specifies that county auditors and county assessors shall (1) transmit electronic property assessment data records to the department of local government finance and the legislative services agency (LSA) in a standard format prescribed by the office of technology and approved by LSA; and (2) archive electronic property assessment data records in the fashion prescribed by the office of technology and approved by LSA. Repeals statutes establishing the state information technology oversight commission, establishing the state enhanced data access review committee, granting various powers to the intelenet commission, defining intelenet in the public purchasing law, and referring to the intelenet commission in the law concerning immunity.
http://www.in.gov/legislative/bills/2005/HE/HE1137.1.html
Title: H.B. 1137
Source: StateNet
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| MO | DELIVERED TO GOVERNOR 05/2005 | P-12 | To repeal sections 162.955, 162.959, and 162.961, RSMo, and to enact in lieu thereof three new sections relating to special educational services
Title: H.B. 276
Source: StateNet
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| AR | Signed into law 04/2005 | P-12 | Directs department of education to identify school districts underperforming in the area of direct-service Medicaid billing and requires these districts to work with an education service cooperative for the provision of direct-service Medicaid billing services. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/HB1259.pdf
Title: H.B. 1259
Source: www.arkleg.state.ar.us
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| AR | Signed into law 04/2005 | P-12 | Provides that the department of education, a public school district, or an open-enrollment charter school is not liable for any educational costs or other related costs associated with the placement of a juvenile in an in-state or out-of-state residential or inpatient facility for any care and treatment, including psychiatric treatment, unless specified requirements are met. This section does not apply to a juvenile placed in an Arkansas juvenile detention facility.
http://www.arkleg.state.ar.us/ftproot/bills/2005/public/HB2558.pdf
Title: H.B. 2558
Source:
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| AR | Signed into law 04/2005 | P-12 | Repeals provision that notation must be made on a student's transcript to indicate each special education class included on the transcript.
Establishes that school day must consist of at least rather than fewer than six hours of instructional time.
Allows a school district to include as part of the school day the travel time between public schools or other educational programs of those students attending classes or programs authorized by law.
http://www.arkleg.state.ar.us/ftproot/bills/2005/public/sb1044.pdf
Title: S.B. 1044 (sections 14-15)
Source: www.arkleg.state.ar.us
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| AR | Signed into law 04/2005 | P-12 | Modifies membership of Advisory Council for the Education of Children with Disabilities from "parents of children with disabilities" to parents of persons from birth to age 26 with disabilities. Includes officials who carry out activities under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act to act as members representing state and local education officials on the board. Adds representative from the Arkansas child welfare agency responsible for foster care to advisory council membership; modifies from one to not less than one the members representing a vocational, community, or business organization that provides transitional services to children with disabilities.
Transfers responsibility for establishing standards and qualifications for individuals to serve as hearing officers from the state board to the special education section of the department of education.
Reduces the period during which parties can bring civil action against a hearing officer's decision from 3 years to 90 days from the date of the hearing officer's decision.
Clarifies that the individualized education program (IEP) team has authority to review and revise an IEP. Specifies that the IEP must include a statement of the child's academic achievement as well as functional performance. Adds that IEP for children with disabilities who take
alternate assessments aligned to alternate achievement standards must include a description of benchmarks or short-term objectives. Adds that IEP for all students with disabilities must include a description of how the child's progress toward meeting the annual goals described in the IEP will be measured and when periodic reports will be provided on the progress the child is making toward meeting the annual goals, including the use of quarterly or other periodic reports, concurrent with the issuance of report cards.
Requires the IEP's statement of the special education and related services and supplementary aids and services to be based on peer-reviewed research to the extent practicable.
Changes from 14 to 16 the student age at which a transition plan must be initially developed. Changes language from "a statement of the transitional service needs" to inclusion in IEP of appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and where appropriate, independent living skills and the transition services, including courses of study, needed to assist the child in reaching those goals. Deletes provision relating to statement beginning at age sixteen of needed transitional services for the child.
Specifies that the individualized education program team is not required to include information under one component of a child's individualized education program that is already contained under another component of such individualized education program.
http://www.arkleg.state.ar.us/ftproot/bills/2005/public/sb1044.pdf
Title: S.B. 1044 (sections 28-30)
Source: www.arkleg.state.ar.us
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| AZ | Signed into law 04/2005 | P-12 | Changes statutory reference from "extended school year program" to "extended school year services" for students with disabilities. Rewrites language pertaining to circumstances under which extended school year services must be provided to such students. Specifies that the student's individualized education program (IEP) team must determine whether a student is eligible for extended school year services, and that such determinations must be based on retrospective data, and predictive data when empirical data are not available.
http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=2432
Title: H.B. 2432
Source: www.azleg.state.az.us
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| AZ | Signed into law 04/2005 | P-12 | Specifies that "child with a disability" does not mean a child who has difficulty in writing, speaking or understanding the English language due to an environmental background in which a language other than English is primarily or exclusively used. Deletes language pertaining to "gifted child" from language related to special education. Rewrites definition of special education to mean "specially designed instruction that meets the unique needs of a child with a disability and that is provided without cost to the parents of the child." Adds definition of "specially designed instruction" to designate "adapting the content, methodology or delivery of instruction to address the unique needs of a child with a disability and to ensure that child's access to the general curriculum" as identified in the state board's academic standards.
Creates new sections defining "gifted pupil," "gifted education," and setting forth local board responsibilities for the education of gifted children. Requires every local board to develop a scope and sequence for identifying and modifying curriculum for gifted students to ensure that such students receive gifted education commensurate with their academic abilities and potentials. Requires every district's annual financial report to include the dollar amount spent on programs for gifted students and the number of students enrolled in programs or receiving services by grade level.
http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=1072
Title: S.B. 1072
Source: www.azleg.state.az.us
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| AZ | Vetoed 04/2005 | P-12 | Bars a teacher, principal, counselor or other district or charter school employee, unless the parent is notified in writing and provides written consent to the disclosure of the information requested, from:
(1) Undertaking or contracting to undertake any behavioral or mental health screening on a student in grades K-12.
(2) Asking or compelling a K-12 student to disclose personal information about the student's or student's family's behavioral or mental health history.
(3) Requiring a K-12 student to participate in a survey, assessment, screening, analysis or evaluation used to detect any behavioral or mental disorder or illness.
Specifies the necessary content for written notification.
Exempts the chemical abuse and related gang activity survey conducted by the Arizona Criminal Justice Commission from these provisions.
http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=1270
Title: S.B. 1270
Source: www.azleg.state.az.us
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| AZ | Signed into law 04/2005 | P-12 | States that a student with an individualized education program (IEP) is not required to earn a passing score on a competency test required for high school graduation unless the student is learning at a level appropriate for the student's grade level in a specific academic area and unless the student's IEP as agreed upon by the student's parents and the IEP team or the student if 18 or older, requires passing scores on a competency test. Requires the competency test to be administered to the student in a manner in keeping with the student's IEP and requires schools to make specific and appropriate accommodations on the test for students with IEPs. Makes similar provisions for a student with a section 504 plan. States that a student with an IEP or a section 504 plan who graduates from high school but is not required to achieve a passing score on a competency test to graduate must receive a standard diploma.
Requires the IEP team to indicate in the IEP the student's requirements for high school graduation, including provisions for testing and testing accommodations.
Requires the state board to adopt guidelines to define a parent's or guardian's role or pupil's role if the pupil is at least 18 years old, in the development of a student's section 504 plan, including testing and testing accommodations.
http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=1352
Title: S.B. 1352
Source: www.azleg.state.az.us
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| AZ | Signed into law 04/2005 | P-12 | Concerns board of directors for the state school for the deaf and the blind. Requires the governor to appoint one member from the commission for the deaf and the hard of hearing and one member from the governor's council on blindness and visual impairment. Increases the board's quorum from four to five members.
http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=1075
Title: S.B. 1075
Source: www.azleg.state.az.us
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| CO | Vetoed 04/2005 | P-12 | Adopts a comprehensive method of allocating the excess costs incurred in educating students with disabilities. Defines "selected special education option" as district other than the child's resident school district that special education student enrolls in, charter school or on-line program. Requires the resident school district to pay the selected special education option the tuition charge for the excess costs incurred in educating the student. Requires the state board to adopt rules on notifying the district of residence, types and amounts of allowable costs in excess of the per pupil funding for a student with a disability, and other program specifications.
Bill as sent to governor: http://www.leg.state.co.us/Clics2005a/csl.nsf/fsbillcont3/9D49F9D805B1D0AC87256F5E0067F825?Open&file=1255_enr.pdf
Fiscal note: http://www.leg.state.co.us/clics2005a/csl.nsf/fsbillcont3/9D49F9D805B1D0AC87256F5E0067F825?Open&file=HB1255_00.pdf
Title: H.B. 1255
Source: www.leg.state.co.us
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| CT | Signed into law 04/2005 | P-12 | Concerns the Board of Education and Services for the Blind monitoring council. Provides additional time for the Board of Education and Services for the Blind monitoring council to complete its mandated report.
http://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=23&which_year=2005
Title: S.B. 23
Source: StateNet
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| HI | Signed into law 04/2005 | P-12 | Authorizes an emergency appropriation ($11, 672, 564) for fiscal year 2004-2005 to pay for increases in costs due to an increase in students identified as having Autism Spectrum Disorder and for increased cost for school-based behavioral health services. http://www.capitol.hawaii.gov/sessioncurrent/bills/sb778_.htm
Title: S.B. 778
Source: www.capitol.hawaii.gov
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| KS | Signed into law 04/2005 | P-12 | Incorporates the changes made by the U.S. Congress to the federal Individuals with Disabilities Education Act into state statutes. The major changes include the following: Allows school districts to spend up to 15 percent of the federal funding they receive on early intervention services. The bill requires a meeting or provide the option of mediation to resolve conflicts between parents and the school district prior to a due process hearing. Requires that hearing officer decisions be based on whether the school provides a free appropriate education, not on technical violations of procedural requirements except under certain conditions, and provides a two-year statute of limitations for bringing complaints.Allows a school district to recover attorney's fees for frivolous complaints. Provides for the conduct of an individual education
plan (IEP) meeting and the content of the IEP and prohibits a school district from having its attorney present at the IEP meeting unless the parents are represented by an attorney at the meeting. Expands the definition of "parent" to include foster parents, if they are appointed the education advocate of an exceptional child. Authorizes the state board to participate in any pilot project authorized by federal law. Clarifies that it is the duty of the school district to identify disabled children who are homeless and who are limited English proficient.Requires that all records of an exceptional child who transfers from one school district to another be transferred with the child or as soon thereafter as possible.
Specifies what school districts must do when a child who receives special education services transfers from one school district to another.
Specifies numerous requirements for the discipline of children with disabilities. Requires parental consent for evaluation and for the initial provision of services. Retains current law as it pertains to the ages when transition services must be provided (age 14) but adds the requirement, in conformity with federal law, that the child's IEP include appropriate measurable postsecondary education goals based on age-appropriate transition assessments. Notes: http://www.kslegislature.org/supplemental/2006/SN2331.pdf Full text: http://www.kslegislature.org/legsrv-bills/showBill.do?id=38808
Title: H.B. 2331 (multiple provisions)
Source: http://www.kslegislature.org
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| KS | Became law without governor's signature 04/2005 | P-12 | Requires every accredited school to teach the subjects and areas of instruction adopted by the state board of education as of January 1, 2005. Requires every accredited high school to also teach the subjects and areas of instruction necessary to meet the graduation requirements adopted by the state board of education as of January 1, 2005. Requires the state board to design subjects and areas of instruction to achieve the following goals established by the legislature to allow for the:
(1) Development of sufficient oral and written communication skills which enable students to function in a complex and rapidly changing society;
(2) acquisition of sufficient knowledge of economic, social and political systems which enable students to understand the issues that affect the community, state and nation;
(3) development of students' mental and physical wellness;
(4) development of knowledge of the fine arts to enable students to appreciate the cultural and historical heritage of others;
(5) training or preparation for advanced training in either academic or vocational fields so as to enable students to choose and pursue life work intelligently;
(6) development of sufficient levels of academic or vocational skills to enable students to compete favorably in academics and the job market;
and
(7) needs of students requiring special education services.
Bill as enacted: http://www.kslegislature.org/legsrv-bills/showBill.do?id=38800
Fiscal note: http://www.kslegislature.org/legsrv-bills/showBill.do?id=35742
Supplemental note: http://www.kslegislature.org/legsrv-bills/showBill.do?id=37465
Title: H.B. 2247 (section 6)
Source: www.kslegislature.org
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| KS | Became law without governor's signature 04/2005 | P-12 | Creates a new formula for determining each district's special education allocation. Specifies that if the appropriation for special education and related services is insufficient to pay in full the amount of state aid each school district is entitled to receive for the school year, the state board must prorate the amount appropriated among all school districts.
Bill as enacted: http://www.kslegislature.org/legsrv-bills/showBill.do?id=38800
Fiscal note: http://www.kslegislature.org/legsrv-bills/showBill.do?id=35742
Supplemental note: http://www.kslegislature.org/legsrv-bills/showBill.do?id=37465
Title: H.B. 2247 (section 10-11)
Source: www.kslegislature.org
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| MD | (S) THIRD READING PASSED WITH AMENDMENTS (44-2) 04/2005 | P-12 | Requiring private residential rehabilitative institutions to develop and implement a specified educational program; requiring a specified educational program to be approved by the State Department of Education before the program is implemented; providing for the operating requirements of a private residential rehabilitative institution; etc
http://mlis.state.md.us/2005rs/billfile/hb1148.htm
Title: H.B. 1148
Source: StateNet
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| MD | (H) THIRD READING PASSED (137-0) 04/2005 | P-12 | Establishing a Pilot Program to Study and Improve Screening Practices for Autism Spectrum Disorders in the Department of Education; requiring the Department of Education, in collaboration with the Department of Health and Mental Hygiene, to select and establish relationships with specified providers to participate in the Pilot Program, assess and identify autism spectrum disorders screening instruments, and develop training materials and distribute written information on early detection of autism spectrum disorders; etc
http://mlis.state.md.us/2005rs/billfile/sb0834.htm
Title: S.B. 834
Source: StateNet
| |
| MD | Vetoed 04/2005 | P-12 | Requiring private residential rehabilitative institutions to develop and implement a specified educational program; requiring a specified educational program to be approved by the State Department of Education before the program is implemented; providing for the operating requirements of a private residential rehabilitative institution; etc
http://mlis.state.md.us/2005rs/billfile/sb0503.htm
Title: S.B. 503
Source: StateNet
| |
| MT | Signed into law 04/2005 | P-12 | Revises special education laws. (2) The board of trustees of every school district shall provide or establish and maintain a special education program for each child with a disability who is 6 years of age or older and under 19 years of age.
(3) The board of trustees of each elementary district shall provide or establish and maintain a special education program for each preschool child with a disability who is 3 years of age or older and under 7 years of age.
(4) (a) The board of trustees of a school district may provide or establish and maintain a special education program for a child with a disability who is 2 years of age or under or who is 19 years of age or older and under 22 years of age.
(b) Programs established pursuant to subsection (4)(a) do not obligate the state or a school district to offer regular educational programs to a similar age group unless specifically provided by law.
http://data.opi.state.mt.us/bills/2005/billhtml/SB0363.htm
Title: S.B. 363
Source: StateNet
| |
| OK | Signed into law 04/2005 | P-12 | Relates to the Oklahoma Early Intervention Act; modifies eligibility for early intervention services; authorizes State Board of Education to modify certain eligibility definitions as required to receive certain federal assistance. http://www2.lsb.state.ok.us/2005-06SB/sb390_enr.rtf
Title: S.B. 390
Source: http://www2.lsb.state.ok.us
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| KY | Signed into law 03/2005 | P-12 | Establishes that any student enrolled in a public school who is over 18 but not 21 years of age and who has been absent from school without valid excuse for three or more days, or tardy without valid excuse on three or more days, is a truant. Reduces from three to two the number of times a student must be reported truant during a one-year period to be identified as a habitual truant. Deletes provision allowing student who is absent for less than half a school day to be regarded as tardy.
Provides that any of the following who intentionally fails to comply with the attendance requirements set forth in KRS 159.150 must be fined $100 for the first offense and $250 for each subsequent offense:
(a) A student enrolled in a public school who is at least 18 but not yet 21 years old, for whom a guardian has not been appointed by a court of competent jurisdiction, whether or not that student is identified as an exceptional child;
or youth under KRS 157.200(1)(a) to (m);
(b) A parent, guardian, or custodian of a student enrolled in a public school who has not reached his or her 18th birthday; or
(c) A guardian appointed by a court of competent jurisdiction of a student who is enrolled in a public school, has been identified as an exceptional child or youth under KRS 157.200(1)(a) to (m), and is at least 18 but not yet 21 years old.
Requires any person described in paragraph (a), (b), or (c) above to be informed by district staff that a public school student who has not reached his or her twenty-first birthday is subject to truancy laws.
http://lrc.ky.gov/RECORD/05RS/HB72.htm
Title: H.B. 72
Source: lrc.ky.gov
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| ND | Signed into law 03/2005 | P-12 | Provides for forwarding of special education per student payments to whichever program is providing the services to the student. The superintendent of public instruction is to forward any per student payments, payable on behalf of that student, directly to the school district of
residence for purposes of calculating per student payments in which the student receives such services. Applies additionally to programs such as summer schools. http://www.state.nd.us/lr/assembly/59-2005/bill-text/FAJT0200.pdf
Title: H.B. 1237
Source: http://www.state.nd.us
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| ND | Signed into law 03/2005 | P-12 | Allows a parent of a child with a developmental disability to continue to supervise home education (deleted provision that prohibited home education for students with developmental disabilities -- except for those with autism.)
http://www.state.nd.us/lr/assembly/59-2005/bill-text/FAOD0300.pdf
Title: H.B. 1265
Source: http://www.state.nd.us
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| SD | Signed into law 03/2005 | P-12 | Includes legal costs as allowable expenditures from the special education fund. http://legis.state.sd.us/sessions/2005/bills/SB72enr.pdf
Title: S.B. 72
Source: http://legis.state.sd.us
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| UT | Signed into law 03/2005 | P-12 | Creates a program to award scholarships to students with disabilities who attend a private school. Specifies criteria for qualifying for a scholarship; specifies criteria for private schools to enroll scholarship students; specifies the amount, timing, and form of scholarship payments; requires the state board to make rules; gives the state board enforcement authority; and requires the Legislature to annually appropriate money from the General Fund for scholarship payments. http://www.le.state.ut.us/~2005/bills/hbillenr/hb0249.pdf
Title: H.B. 249
Source: http://www.le.state.ut.us
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| DE | Rule Adoption 02/2005 | P-12 | Repeals regulation relating to the Certification for an Administrative Supervisor of Special Education, which is necessary as it is being incorporated into the Director of Special Education regulation as part of the Professional Standards Board's continuing efforts to reduce the number of complexities in regulations governing the licensure and certification of educators.
Title: 14 DAC 309
Source: StateNet
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| DE | Rule Adoption 02/2005 | P-12 | Amends regulation applying to the certification of educators as Directors of Special Education. Aligns regulation with statutory changes and requires that a candidate complete an NCATE or NASDTEC approved educator preparation program or an approved alternative routes to certification program for school leaders. Renames and renumbers regulation to be consistent with other Professional Standards Board regulations.
Title: 14 DAC 307 and 1523, 1.0 - 3.0
Source: StateNet
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| WV | Rule Adoption 02/2005 | P-12 | Amends rules regarding the education of exceptional students. WEST VIRGINIA REG 4562 (SN)
Title: Title 126, Series 16
Source: StateNet
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| IL | Signed into law 01/2005 | P-12 | Amends the Children with Disabilities Article of the School Code to allow a child with a disability who has completed four years of high school to participate in the graduation ceremony and receive a certificate of completion under specified circumstances. Further amends the School Code to make changes to the ballot forms for school board elections. Amends provisions concerning enrollment of pupils below or above the compulsory school age; specifies circumstances under which a school or school district may deny enrollment to a student 17 years of age or older for one semester for failure to meet minimum attendance or academic standards. Defines "reenrolled student". Changes eligibility age for graduation incentives program to "below the age of 20". http://www.ilga.gov/legislation/fulltext.asp?DocName=09300HB0757enr&GA=93&SessionId=3&DocTypeId=HB&LegID=1162&DocNum=757&GAID=3&Session=
Title: H.B. 757
Source: StateNet
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| LA | Emergency Rule Adoption 01/2005 | P-12 | Establishes emergency rules to promote Health and welfare of Medicaid recipients and to maintain access to Early and Periodic Screening, Diagnosis and Treatment Program (EPSDT) school-based services. Amends reimbursement methodology for services rendered by local education agencies. http://www.state.la.us/osr/emr/EMR011.htm
Title: LAC 50:XV.Chapter 71
Source: StateNet
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| IL | Signed into law 12/2004 | P-12 | Amends the School Code. Amends requirements for a speech-language pathologist who provides speech- language pathology services pursuant to a contract. Relates to a valid temporary license under the Illinois Speech-Language Pathology and Audiology Practice Act. Provides for supervision. Includes applicants who have completed a program in another state, territory or possession of the United States that is comparable to school service personnel requirements. Bill text: http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=3&GA=93&DocTypeId=SB&DocNum=2395&GAID=3&LegID=8537&SpecSess=&Session=
Title: S.B. 2395
Source: Illinois Legislative Web site
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| AL | Emergency Rule Adoption 11/2004 | P-12 | Establishes rules allowing special education services staff employed by the Alabama Department of Education or local school system to provide critical special education services to children in licensed child care centers without meeting requirements for child care center staff, provided the staff meet requirements of the local school system or the department of education. Facilitates compliance with state and federal laws. Increases the availability of special education services, such as speech therapy and physical therapy, to children enrolled in licensed child care centers.
Title: AAC 660-5-26-.01
Source: StateNet
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| MA | Rule Adoption 11/2004 | P-12 | Amends rules to implement changes in the process used to calculated special education reimbursements under the so called 'circuit breaker' program. States that under the new procedures, district reimbursements will be calculated based on the eligible costs incurred in the prior fiscal year, rather than the costs for the current fiscal year. MASSACHUSETTS REG 8414 (SN)
Title: 603 CMR 10.00
Source: StateNet
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| MI | Signed into law 11/2004 | P-12 | Clarifies and limits duration of intermediate school district millages to fund special education and vocational education; relates to the limited use of bonds for special education and vocational education facilities.
http://www.michiganlegislature.org/mileg.asp?page=getObject&objName=2004-HB-5839
Title: H.B. 5839
Source: StateNet
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| NJ | Signed into law 10/2004 | P-12 | Permits a school district that terminates the operation of a separate school for special education pupils and returns all funds legally uwed to the school districts that sent pupils to the school to use any remaining funds to establish a scholarship foundation for the pupils of the district.
Title: A.B. 2257
Source: StateNet
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| CA | Signed into law 09/2004 | P-12 | Requires the written decision of a state hearing regarding the school placement of individual with exceptional needs to include the reasons for any nonpublic, nonsectarian school placement, the provisions of nonpublic, nonsectarian agency services or the reimbursement for such placement or services, taking into account certain requirements. Deletes a provision of existing law relating to the procedures governing the hearing officer in such hearing. http://www.leginfo.ca.gov/pub/bill/asm/ab_0001-0050/ab_42_bill_20040909_chaptered.html
Title: A.B. 42
Source: California Legislative Web site
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| CA | Signed into law 09/2004 | P-12 | Requires the State Department of Education to conduct a study of the current methods of providing special instruction and other services to infants and toddlers who are deaf or hard of hearing and to report to the Legislature. http://www.leginfo.ca.gov/pub/bill/asm/ab_2901-2950/ab_2909_bill_20040910_chaptered.html
Title: A.B. 2909
Source: California Legislative Web site
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| CA | Signed into law 09/2004 | P-12 | Relates to referral of a pupil suspected of needing mental health services to a community health service by a local education agency, providing mental health services to students with exceptional needs, monitoring of compliance to provide mental health services to disabled pupils and funding therefore. Provides that a county mental health agency does not have fiscal or legal responsibility for certain costs incurred prior to approval of an individualized education program. http://www.leginfo.ca.gov/pub/bill/sen/sb_1851-1900/sb_1895_bill_20040913_chaptered.html
Title: S.B. 1895
Source: California Legislative Web site
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| CA | Vetoed 09/2004 | P-12 | Creates the Advisory Task Force for Education of Blind and Visually Impaired Pupils to provide input to formulate the most effective policy for the education of such pupils. Requires the Department of Education to provide outreach and technical assistance to parents, teachers, and administrators concerning issues relating to the instruction of visually impaired, blind, and deaf-blind pupils. Requires the department of education to establish a data system for submission and collection of data regarding services provided by local education agencies to such pupils. Requires contracts with test publishers for statewide tests to stipulate that the publishers will provide the test materials in formats accessible to pupils with visual disabilities.
http://www.leginfo.ca.gov/pub/bill/asm/ab_0651-0700/ab_662_bill_20040825_enrolled.html
Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/AB_662_veto.pdf
Title: A.B. 662
Source: California Legislative Web site
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| CA | Signed into law 09/2004 | P-12 | Existing law authorizes the Commission on Teacher Credentialing, until January 1, 2008, to issue district intern credentials authorizing
persons employed by any school district to provide classroom instruction to pupils with mild and moderate disabilities in special education classes and requires accredited internship programs to provide interns who meet entrance requirements and are accepted to a multiple or single subject teaching credential program the opportunity to choose an early program completion option that culminates in a 5-year preliminary teaching credential.Permits a school district intern accepted to a level 1 education specialist credential program to choose an early program completion option and receive a 5-year preliminary level 1 education specialist credential that authorizes instruction to individuals with mild to moderate disabilities if he or she meets certain requirements under existing law. http://www.leginfo.ca.gov/pub/bill/asm/ab_2251-2300/ab_2286_bill_20040921_chaptered.pdf
Title: A.B. 2286
Source: California Legislative Web site
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| CA | Vetoed 09/2004 | P-12 | Requires, with exceptions, a publisher that makes basic instructional materials available to a school district in a hard copy format to also make materials available in an electronic multimedia format upon adoption of such materials after a certain date. Requires publishers and manufacturers of such materials adopted for certain grades to make an electronic file format of the materials available for use by a pupil who is blind or has a print disability. http://www.leginfo.ca.gov/pub/bill/asm/ab_1001-1050/ab_1010_bill_20040827_enrolled.pdf
Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/AB_1010_veto.pdf
Title: A.B. 1010
Source: www.leginfo.ca.gov
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| CA | Vetoed 09/2004 | P-12 | Establishes within the Department of Developmental Services, an Autism Resource Center office, to serve families by designating a single agency as a central source of information for autism treatment and support services, and other information about autism. Requires the office to assist families to identify appropriate services for autistic children including private health care insurance, department services, regional centers, and local school districts. Provides that the pilot program will be repealed on January 1, 2009. http://www.leginfo.ca.gov/pub/bill/asm/ab_0851-0900/ab_857_bill_20040827_enrolled.pdf
Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/AB_857_veto.pdf
Title: A.B. 857
Source: www.leginfo.ca.gov
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| CA | Signed into law 09/2004 | P-12
Postsec. | Prohibits a licensed children's institution and a residential care facility from requiring, as a condition of admission or residency, that a child be identified as an individual with exceptional needs. Requires a local educational agency that has placed an individual with exceptional needs residing in a licensed children's institution or foster family home in a nonpublic, nonsectarian school to conduct an annual evaluation, as part of the annual individualized education program process, of whether the placement is the least restrictive environment that is appropriate to meet the pupils' needs. Requires the nonpublic, nonsectarian school to report to the local educational agency that made the placement, on a quarterly or trimester basis, as appropriate, the educational progress demonstrated by the individual with exceptional needs towards the attainment of the goals and objectives specified in the individual's individualized education program.
Requires an individual with exceptional needs to be allowed, as part of his or her participation in the individualized education program process, to provide confidential input to any representative of his or her individualized education program team. Requires the local educational agency to, at least annually and, to the extent possible, as part of the individualized education program process, conduct certain evaluations and considerations. Also requires a nonpublic, nonsectarian school to ensure confidential communication between a pupil of the school and members of the pupil's individualized education program team, at the pupil's discretion. 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
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| CA | Signed into law 09/2004 | P-12 | In provision that adjusts funding for pupils with exceptional needs based on an incidence multiplier for each special education
local plan area, continues the current special education incidence factor formula through 2004–05. http://www.leginfo.ca.gov/pub/bill/asm/ab_2501-2550/ab_2525_bill_20040929_chaptered.pdf
Title: A.B. 2525 (multiple provisions)
Source: www.leginfo.ca.gov
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| CA | Signed into law 09/2004 | P-12 | 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 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
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| CA | Signed into law 09/2004 | P-12 | Requires a master contracts with nonpublic, nonsectarian schools for the provision of special education and related services to include that, with respect to a nonpublic, nonsectarian school that is associated with a licensed children's institution, there be a method of evaluating whether the school meets specified guidelines, and with respect to a nonpublic, nonsectarian school, the school be subject to the alternative accountability system of the Public School Performance Accountability Program in the same manner as public schools during the school's testing period, and each pupil placed in the school be tested in accordance with that accountability program, and the school prepare a school accountability report card. Requires the test results to be reported by the nonpublic, nonsectarian school to the State Department of Education.
Authorizes the Superintendent of Public Instruction to certify a nonpublic, nonsectarian school or agency for a period of not longer than 18 months. Requires a nonpublic, nonsectarian school or agency to make notification of its intent to seek certification. Requires that only those nonpublic, nonsectarian schools and agencies that provide special education that utilize staff who hold a certificate, permit, or other document equivalent to that which staff in a public school would be required to hold may be certified.
Requires a nonpublic, nonsectarian school that provides special education and related services to an individual with exceptional needs to certify in writing to the Superintendent of Public Instruction that the school satisfies various requirements relating to, among others, access to standards-based curriculum and instructional materials, access to specific instruction and assistance, and a discipline policy. 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
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| IA | Adopted 09/2004 | P-12 | Modifies the requirements for the director of special education. Clarifies the authorization to include the 'director of special education of an area education agency'. http://www.legis.state.ia.us/Rules/Current/iac/282iac/28215/28215pp7.pdf
Title: 282 IAC 15.3
Source: StateNet
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| IA | Adopted 09/2004 | P-12 | Modifies the requirements of the special education consultant. http://www.legis.state.ia.us/Rules/Current/iac/282iac/28215/28215pp7.pdf
Title: 282 IAC 15.3
Source: StateNet
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| NY | Signed into law 09/2004 | P-12 | Requires requests for boards of education to furnish services to students with disabilities enrolled in nonpublic schools to be submitted within certain time periods; provides requests filed with boards of education in all school districts for students with disabilities shall be made within thirty days after such student is first identified or establishes residence within the district.
http://assembly.state.ny.us/leg/?bn=a11203
Title: A.B. 11203
Source: StateNet
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| CA | Signed into law 08/2004 | P-12 | Requires the Commission on Teacher Credentialing to participate in a pilot program, which may include the San Joaquin County Office of Education and up to 5 school districts or consortia, to provide teacher preparation programs for teachers of pupils with disabilities in special education classes. Authorizes the commission to issue district intern credentials authorizing participants to provide classroom instruction to such pupils in special education. http://www.leginfo.ca.gov/pub/bill/sen/sb_1601-1650/sb_1621_bill_20040824_chaptered.html
Title: S.B. 1621
Source: California Legislative Web site
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| IL | Signed into law 08/2004 | P-12 | Amends the Children With Disabilities Article of the School Code. Provides that reimbursement for individual students with disabilities whose program costs exceed the per capita tuition rate shall be claimed beginning with costs encumbered for the 2004-2005 school year. Provides that base level funding computation shall be made only for certain fiscal years. http://www.legis.state.il.us/legislation/publicacts/fulltext.asp?Name=093-1022
Title: H.B. 4225
Source: Illinois Legislative Web site
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| IL | Signed into law 08/2004 | P-12 | Provides that if a school district has a shortage of highly qualified teachers, as defined by the No Child Left Behind Act of 2001, or a shortage of highly qualified teachers in the subject area of mathematics, science, reading, or special education, then the school board must spend at least 40% of the money it receives from Title 2 grants on recruitment of teachers until the number of qualified teachers increases. http://www.legis.state.il.us/legislation/publicacts/fulltext.asp?Name=093-0997
Title: H.B. 6906
Source: Illinois Legislative Web site
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| ME | Rule Adoption 08/2004 | P-12 | Establishes rule to allow parents of preschool children with disabilities who are already receiving free appropriate public education (FAPE) services from Child Development Services and who turn five between September 1st and October 15th to choose not to enroll the child in kindergarten and to continue receiving FAPE Services. MAINE REG 7915 (SN)
Title: 05-071-180
Source: Westlaw
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| AL | Emergency Rule Adoption 07/2004 | P-12 | Establishes rules amending language to include the requirements for the Alabama Occupational Diploma. ALABAMA REG 6717 (SN)
Title: AAC 290-8-9-.05(10)(d)
Source: StateNet
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| CA | Signed into law 07/2004 | P-12 | Authorizes the Commission on Teacher Credentialing to issue a two-year services credential with a specialization in pupil personnel services, solely for the purpose of providing services to deaf and hearing-impaired pupils as a school social worker. Provides that this credential authorizes the holder to serve at all grade levels as a school social worker of deaf and hearing-impaired pupils. http://www.leginfo.ca.gov/pub/bill/asm/ab_2151-2200/ab_2171_bill_20040706_chaptered.html
Title: A.B. 2171
Source: California Legislative Web site
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| CA | Signed into law 07/2004 | P-12 | Provides that a person recognized by the national Behavior Analyst Certification Board as a Board Certified Behavior Analyst qualifies as a behavioral intervention case manager of a school district, special education local plan area, or county office of education and may conduct behavior assessments and provide behavior intervention services for individual with exceptional needs. http://www.leginfo.ca.gov/pub/bill/asm/ab_2801-2850/ab_2845_bill_20040716_chaptered.html
Title: A.B. 2845
Source: California Legislative Web site
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| 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
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| LA | Signed into law 07/2004 | P-12 | Abolishes the Medicaid School-Based Administrative Claiming Trust Fund and provides for direct reimbursement of monies to public school boards for administrative claims. http://www.legis.state.la.us/leg_docs/04RS/CVT8/OUT/0000LVKU.PDF
Title: S.B. 493
Source: StateNet
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| MA | Signed into law 07/2004 | P-12
Postsec. | Relates to the School Building Assistance Program; provides for grants, investments, trusts and bonds; creates the School Building Authority; provides for children with disabilities; prohibits racial desegregation; provides for public-private partnerships, charter schools, construction that will facilitate early education and care programs; financial incentives to cities that adopt zoning policies for increased affordable housing production; provides for hearings.
Title: H.B. 4978
Source: StateNet
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| MS | Rule Adoption 07/2004 | P-12 | Establishes rules regarding assessment of students with disabilities. Provides that the information contained within the guidelines for testing special populations and any subsequent updates shall apply to all public school personnel who are responsible for the implementation of the Mississippi Statewide Assessment System. Provides that the information shall set forth the rules and procedures required for proper test administration and shall be provided to each school district by the Mississippi Department of Education. MISSISSIPPI REG 9149 (SN)
Title: IIIB-3
Source: StateNet
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| CA | Signed into law 06/2004 | P-12 | Provides that the hearing officer may not base a decision solely on nonsubstantive procedural errors in due process hearings, for the resolution of complaints regarding alleged violations of the law relative to special education, unless the officer makes certain findings. http://www.leginfo.ca.gov/pub/bill/asm/ab_2351-2400/ab_2362_bill_20040630_chaptered.html
Title: A.B. 2362
Source: California Legislative Web site
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| FL | Signed into law 06/2004 | P-12 | Requires the Auditor General to conduct audits of accounts and records of the Florida School for the Deaf and Blind; provides that the school is a component of delivery of public education within Florida's K-20 education system; expands provisions regarding university master plans and campus development agreements to be applicable to said school; provides requirements for campus planning and concurrency management for the school. http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=sb2918er.html&Directory=session/2004/Senate/bills/billtext/html/
Title: S.B. 2918
Source: Florida Legislative Web site
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| LA | Signed into law 06/2004 | P-12 | Shifts authority for appointing special education advisory panel members from the department of education to the state board. Requires the special education advisory panel to serve the state board rather than the department in an advisory capacity. http://www.legis.state.la.us/leg_docs/04RS/CVT2/OUT/0000LRST.PDF
Title: H.B. 213
Source: www.legis.state.la.us
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| LA | Signed into law 06/2004 | P-12 | Specifies that children with exceptionalities enrolled in state-operated facilities and receiving special education services provided by the special school district shall be enrolled as residents of such facilities, and that eligible children enrolled in state-operated mental health facilities and receiving appropriate educational services by the special school district shall be enrolled as residents of such facilities. Authorizes the special school district to enter into interagency agreements with other state agencies to provide appropriate educational services, including special education and related services, to any eligible child who is not a resident of a state-operated facility but who is in the care or custody of a public or private department, agency, or institution, as well as to any eligible individual regardless of age who is enrolled in any state-operated facility as a resident of the facility. http://www.legis.state.la.us/leg_docs/04RS/CVT7/OUT/0000LUT9.PDF
Title: H.B. 258
Source: www.legis.state.la.us
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| MT | Rule Adoption 06/2004 | P-12 | SPECIAL EDUCATION PROFESSIONAL STAFF QUALIFICATIONS (1) Any teacher providing special education and related services to students with disabilities shall hold a current Montana teaching certificate with appropriate endorsements.
(a) A special education teacher must hold a current Montana teaching certificate with an endorsement in special education.
(b) A teacher of homebound or hospitalized students must hold a current Montana teaching certificate.
(c) A school psychologist must hold a current Montana Class 6 teaching certificate.
(d) Supervisors of special education teaching personnel must have a Class 3 administrator's certificate with a principal's endorsement or a supervisor's endorsement in special education.
(2) All special education and related services for students with disabilities shall be provided under the direction of qualified personnel.
(3) Each local educational agency must require that each administrator which provides or supervises the provision of special education and related services to students with disabilities, obtains specific skills which enable the administrator to deal effectively with students with disabilities. These skills may be obtained through formal training or in-service training.
(4) Each local educational agency must require that each teacher who implements education services to students with disabilities, obtains specific skills which enable the teacher to deal effectively with students with disabilities under the teacher's supervision. These skills may be obtained through formal training or in-service training or consultation.
(5) A professional person (i.e., occupational therapist, physical therapist, social worker, psychiatrist, nurse, audiologist, speech/language pathologist, recreational therapist, professional counselor or physician) providing special education and related services to students with disabilities under this section shall hold a license from the appropriate state authority and meet the appropriate professional requirements that are based on the highest entry level requirements in the state applicable to the profession or discipline.
(6) Paraprofessional personnel (e.g., teacher aide or instructional assistant) shall meet current office of public instruction accreditation standards under ARM 10.55.707. (History: Sec. 20-7-402, MCA; IMP , Sec. 20-7-403, MCA; NEW , 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS , 2000 MAR p. 1048, Eff. 7/1/00.)
http://arm.sos.state.mt.us/10/10-235.htm
Title: ARM 10.16.3136
Source: StateNet
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| MD | Signed into law 05/2004 | P-12 | Requires local education agencies to notify the parents or guardians of blind or visually impaired children, including children with multiple disabilities, of the availability of the educational programs offered by the Maryland School for the Blind.
Title: H.B. 741
Source: StateNet
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| MD | Vetoed 05/2004 | P-12 | Requires local education agencies to notify the parents or guardians of blind or visually impaired children, including children with multiple disabilities, of the availability of the educational programs offered by the State School for the Blind.
http://mlis.state.md.us/2004rs/bills/sb/sb0174t.rtf
Title: S.B. 174
Source: StateNet
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| ME | Signed into law 05/2004 | P-12 | Amends applicable statutes and instructs the Department of Human Services and the Department of Education to amend rules to clarify that a child who is already receiving free, appropriate public education services through the Child Development Services System and who reaches 5 years of age between certain months, continues to be eligible for those services should the parents decide not to enroll the child in kindergarten until the child is 6 years of age.
http://www.mainelegislature.org/legis/bills/ld_title.asp?ld=1960
Title: S.P. 801
Source: StateNet
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| ME | Signed into law 05/2004 | P-12 | The bill provides that by fiscal year 2009-10 the state share of kindergarten to grade 12 education funding, as described by essential programs and services, must be 55%. It also establishes a local cost share expectation for property tax years beginning on or after April 1, 2005. The Commissioner of Education shall annually notify each school administrative unit of its expectation. This expectation must decline over the period from fiscal year 2005-06 to fiscal year 2009-10. The expectation may not exceed 9.0 mills in fiscal year 2005-06. It may not exceed 8.0 mills in fiscal year 2009-10. The legislative body of a school administrative unit may not adopt a property tax rate that exceeds its mill expectation unless, in a vote separate from its adoption of the school budget, it votes to increase the property tax rate.
The bill also places transportation operating costs into the essential programs and services funding formula. It also states that special education costs will be included in essential programs and services starting in fiscal year 2005-06. Beginning in fiscal year 2004-05, the Department of Education will provide training in state-approved guidelines for identification of special education students. The bill also places early childhood education program costs and vocational education program costs into essential programs and services no later than fiscal year 2007-08.
Note Sec. 16:
Basis for funding costs of education from kindergarten to grade 12. Notwithstanding any other provision of law, beginning in fiscal year 2005-06, funding of the costs of education from kindergarten to grade 12 must be based on the cost of providing essential programs and services as described in the Maine Revised Statutes, Title 20-A, chapter 606-B.
http://www.mainelegislature.org/legis/bills/ld_title.asp?ld=1924
Title: S.P. 761
Source: StateNet
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| MN | To governor 05/2004 | P-12 | Relates to human services; makes changes to licensing provisions; regulates child protection dispositions; clarifies a mental health case management provision; regulates child care, long- term care and health care; provides for insurance for foster home providers; amends provisions regarding adult day care, foster care for adults, residential programs, special education school workshops and Head Start.
http://www.revisor.leg.state.mn.us/slaws/2004/c288.html
Title: H.F. 2277
Source: StateNet
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| MS | Signed into law 05/2004 | P-12 | Establishes the following provisions pertaining to reimbursement of costs for students with disabilities placed in private facilities:
Authorizes local districts to utilize all available funds (including federal).
Establishes equitable distribution of existing funds by setting uniform reimbursement for services.
Clarifies eligibility requirements for students in specified facilities.
Clarifies that reimbursement is for educational costs, which shall include special education and related services as defined by the Department of Education Policies and Procedures Regarding Children with Disabilities under the federal IDEA.
Requires that placement in facilities operated by public agencies has been pursued before reimbursement for placement in a private facility is approved.
Establishes state level review for approval of financial reimbursement.
http://billstatus.ls.state.ms.us/documents/2004/pdf/HB/1300-1399/HB1366SG.pdf
Title: H.B. 1366
Source: StateNet
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| WY | Emergency Rule Adoption 05/2004 | P-12 | Adopts rules pertaining to the requirements for adequate special education staffing levels. Adjusts the foundation program formula for special education funding. WYOMING REG 4487 (SN)
Title: Chapter 35
Source: StateNet
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| AZ | Signed into law 04/2004 | P-12 | Concerns child care programs; concerns programs exempted from certain provisions; includes professional services rendered for mentally or physically impaired students as mandated; includes tutoring to improve school performance. http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/legtext/46leg/2r/laws/0023.htm
Title: H.B. 2031
Source: Arizona Legislative Web site
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| 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
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| KY | Signed into law 04/2004 | P-12 | Provides that an exemption from compulsory attendance student may be granted to 1) a child certified by specified professionals to have a chronic physical condition that prevents or renders inadvisable attendance at school, and which is unlikely to improve substantially within a year, or 2) a student with a disability may be granted if the student's individual education plan specifies that his or her placement in home or hospital is the least restrictive environment. In the case of a child whose licensed physician, advanced registered nurse practitioner, psychologist, psychiatrist, chiropractor or public health officer certifies that the child's chronic physical condition is unlikely to significantly improve within three years, the child's admissions and release committee must annually evaluate the child's condition and documentation to determine whether updated evidence is required. Updated evidence must be presented upon committee need or at least every three years. http://www.lrc.state.ky.us/RECORD/04RS/HB10/bill.doc
Title: H.B. 10
Source: www.lrc.state.ky.us
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| LA | Adopted 04/2004 | P-12 | Adopts rules relating to the removal of the declassified Individualized Education Programs (IEP) and related definitions. Clarifies the responsibilities of the local education agencies (LEAs) for students who are no longer eligible as students with disabilities. Clarifies what is meant by the terminology used in the Least Restrictive Environment section. http://www.doa.state.la.us/osr/reg/0404/0404RUL.pdf (see pp 37-39 of 71)
Title: LAC 28:XLIII.373, 449, 517, 519, 904
Source: StateNet
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| LA | Adopted 04/2004 | P-12 | Repeals rules that address alternate assessment and curricular design for students with disabilities in special schools. Provides consistency with rules governing students with disabilities not attending special schools.
Title: LAC 28:I.901
Source: StateNet
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| MD | Signed into law 04/2004 | P-12 | Amends Division of Rehabilitation Services in the Department of Education responsibilities with county boards of education about transition services for students with disabilities; requires rehabilitation counselors to certain schools; provides for an employment plan.
Title: H.B. 988
Source: StateNet
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| MD | Signed into law 04/2004 | P-12 | Requires a county board of education and the Board of School Commissioners of Baltimore City to require elementary schools with a suspension rate over 18% of enrollment to implement a Positive Behavioral Interventions and Support Program or an alternative behavioral modification program; requires the State Board of Education to adopt regulations. http://mlis.state.md.us/2004rs/bills/hb/hb1288t.rtf
Title: H.B. 1288
Source: StateNet
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| ME | Signed into law 04/2004 | P-12 | This bill, which implements the recommendations of the Maine Developmental Disabilities Council, amends the reporting requirements for the Department of Human Services, the Department of Behavioral and Developmental Services and the Department of Education relating to the prevention of developmental disabilities. The bill enacts definitions of developmental disabilities and mental and physical impairments for the purposes of reporting requirements, and it clarifies the scope of the required annual report. The bill explicitly states that the provisions of this section may not be interpreted to expand or otherwise affect the requirements of the Department of Behavioral and Developmental Services to provide services to children and families.
http://www.mainelegislature.org/legis/bills/billtexts/LD194001-2.asp
Title: H.P. 1437
Source: http://www.mainelegislature.org
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| MN | Signed into law 04/2004 | P-12 | Relates to education; includes a mental health community representative on a community transition team for youth with disabilities.
http://www.revisor.leg.state.mn.us/slaws/2004/c166.html
Title: S.F. 2609
Source: StateNet
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| MS | Rule Adoption 04/2004 | P-12 | Amends rules concerning a special education teacher unit methodology revision. Incorporates data retrieved electronically through the Mississippi Student Information Systems into the procedure. Changes the focus of the methodology to the amount of services a teacher provides to a student instead of the student's disability. MISSISSIPPI REG 9142 (SN)
Title: (Uncodified)
Source: StateNet
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| VA | Signed into law 04/2004 | P-12 | Relates to financial and legal responsibility for special education students with disabilities placed across jurisdictional lines by social services into private residential facility; relates to special education and foster care services.
Title: H.B. 1047
Source: StateNet
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| AL | Emergency Rule Adoption 03/2004 | P-12 | Allows students with disabilities who fail one portion of the Alabama High School Graduation Exam and meet certain other criteria to receive the Alabama High School Diploma. http://www.alabamaadministrativecode.state.al.us/UpdatedMonthly/VolXXIIN6/p189.htm#T1
Title: AAC 290-4-2-.02
Source: Alabama State Web site
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| MA | Rule Adoption 03/2004 | P-12 | Amends rules relating to the Comprehensive Assessment System (MCAS) performance appeals process, and incorporates provisions regarding student with disabilities. MASSACHUSETTS REG 8280 (SN)
Title: 603 CMR 30.00
Source: StateNet
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| NM | Signed into law 03/2004 | P-12 | Relates to education; enacts the Deaf and Hard-of- Hearing Children's Educational Bill of Rights.
Title: H.B. 186
Source: StateNet
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| NY | Signed into law 03/2004 | P-12 | Requires publishers and manufacturers of instructional materials for students to provide electronic copies of such material for use by disabled persons.
Title: A.B. 9837
Source: StateNet
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| RI | Rule Adoption 03/2004 | P-12 | Establishes rules to provide that every youth in the system with a disability is entitled to free appropriate public education. RHODE ISLAND REG 2133 (SN)
Title: (Uncodified)
Source: StateNet
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| UT | Vetoed 03/2004 | P-12 | Creates a program to award scholarships to students with disabilities who attend a private school; specifies criteria for qualifying for a scholarship; specifies criteria for private schools to enroll scholarship students; specifies the amount, timing, and form of scholarship payments.
Title: H.B. 115
Source: StateNet
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| WA | Signed into law 03/2004 | P-12 | Establishes an advisory council on early interventions for children who are deaf or hard of hearing and their families.
Title: H.B. 2765
Source: StateNet
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| MO | Rule Adoption 02/2004 | 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 14732 (SN)
Title: 5 CSR 70-742.140
Source: StateNet
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| MO | Rule Adoption 02/2004 | P-12 | Establishes rules describing Missouri's services for infants and toddlers with disabilities. MISSOURI REG 14733 (SN)
Title: 5 CSR 70-742.141
Source: StateNet
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| SD | Signed into law 02/2004 | P-12 | Revises the per student allocation for each disability level for the purposes of calculating the payment of state aid to special education.
Title: S.B. 48
Source: StateNet
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| SD | Signed into law 02/2004 | P-12 | Requires certain school book publishers to provide electronic versions of textbooks suitable for conversion into Braille.
Title: H.B. 1221
Source: StateNet
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| 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
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| 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
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| IL | Bill dead - amendatory veto 11/2003 | P-12 | Amends the School Code. Relates to provisions concerning the special educational services block grant for a school district having a population exceeding 500,000 inhabitants. Removes the extraordinary and private tuition components of the special education program that the educational services block grant includes. http://www.legis.state.il.us/legislation/BillStatus.asp?DocNum=1180&GAID=3&DocTypeID=HB&LegId=1762&SessionID=3
Title: H.B. 1180
Source: Illinois Legislative Web site
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| IL | Total VEto stands 11/2003 | P-12 | Amends the Children with Disabilities Article of the School Code. Provides administrative expenses incurred by a responsible school district for children whose residence is other than a foster family home and who are educationally placed in a nonpublic school, nonpublic special education facility, public out-of-state school, or county special education facility are reimbursable. Provides these administrative expenses must be associated with supervisory and case coordination responsibilities specific to these eligible students. Provides for children from orphanages, children's homes, foster family homes, or state residential units. Effective immediately. http://www.legis.state.il.us/legislation/billstatus.asp?DocNum=192&GAID=3&DocTypeID=SB&LegID=1690&SessionID=3
Title: S.B. 192
Source: Illinois Legislative Web site
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| IL | Total Veto stands 11/2003 | P-12 | Provides that if a child who was eligible to receive special education services while in an orphanage, foster family home, children's child or in a state housing unit is adopted and that child continues to receive support services from the Department of Children and Family Services, the child continues to be eligible to receive special education services under this Section; effective July 1, 2003. Makes provisions regarding disabled students, students in need of medical or mental health care, or protection.
http://www.legis.state.il.us/legislation/BillStatus.asp?DocNum=0191&GAID=3&DocTypeID=SB&LegID=1689&SessionID=3&GA=93
Title: S.B. 191
Source: Illinois Legislative Web site
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| ND | Rule Adoption 11/2003 | P-12 | Establishes rules regarding credential standards. Addresses an applicant for a special education strategist credential must meet the standards set out in this section. Regards the documentation on each standard must be verified by the department before a special education strategist credential is issued. NORTH DAKOTA REG 3688 (SN)
Title: NDAC 67-11-16-03
Source: StateNet
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| CA | Vetoed 10/2003 | P-12 | Requires the state 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. States legislative intent to make a certain amount of funding available for purposes of the program, on an annual basis. Prescribes the allocation of funds under the program. Require the legislative analyst to submit an evaluation related to the program to the state department of education, the legislature, and the governor by January 1, 2006. http://www.leginfo.ca.gov/pub/bill/sen/sb_0601-0650/sb_636_bill_20030904_enrolled.html
Title: S.B. 636
Source: California Legislative Web site
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| CA | Signed into law 10/2003 | P-12 | Requires publishers to make basic instructional materials more accessible to pupils with disabilities. Requires publishers to facilitate access to Internet resources and digital programs intended for use by the general population of pupils by pupils with disabilities who are progressing in the general curriculum. http://www.leginfo.ca.gov/pub/bill/sen/sb_0801-0850/sb_842_bill_20031011_chaptered.html
Title: S.B. 842
Source: California Legislative Web site
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| CA | Signed into law 10/2003 | P-12 | Requires the superintendent of public instruction to develop a request for a proposal for an independent consultant to assess options and provide recommendations for alternatives to the high school exit examination for pupils with disabilities to be eligible for a high school diploma. Requires the establishment of an advisory panel for the purpose of advising the independent consultant. Provides for funding. http://www.leginfo.ca.gov/pub/bill/sen/sb_0951-1000/sb_964_bill_20031011_chaptered.html
Title: S.B. 964
Source: California Legislative Web site
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| CA | Signed into law 10/2003 | P-12 | Sets forth criteria for hiring an individual as a certificated employee to instruct deaf pupils at the California School for the Deaf. Establishes a hiring preference for individuals who achieve a minimum score on certain qualifying assessments. Provides for the retaking of the assessment for persons not attaining the minimum score. Requires an employer to reimburse persons if they attain a minimum score. http://www.leginfo.ca.gov/pub/bill/asm/ab_1001-1050/ab_1017_bill_20031012_chaptered.html
Title: A.B. 1017
Source: California Legislative Web site
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| CA | Signed into law 10/2003 | P-12 | 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 service for such individual provided by a nonpublic, nonsectarian agency, unless a hearing officer issues a finding with respect to the school district's program or program offer compliance with the law. http://www.leginfo.ca.gov/pub/bill/asm/ab_1301-1350/ab_1337_bill_20031012_chaptered.html
Title: A.B. 1337
Source: California Legislative Web site
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| LA | Emergency Rule Adoption 10/2003 | P-12 | Establishes emergency rules concerning early and periodic screening, diagnosis and treatment program early intervention services for infants and toddlers with disabilities. LOUISIANA REG 9136 (SN)
Title: LAC 50:XV.Chapter 81
Source: StateNet
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| CA | Signed into law 09/2003 | P-12 | Requires if a public education agency observed the pupil in conducting a special education assessment, or if its assessment procedures make it permissible to have in-class observation of a pupil, an equivalent opportunity applies to an independent education assessment of the pupil in the pupil's current education placement and to observation of an educational placement and setting, proposed by the education agency, regardless of when assessment initiated. Requires the written notice to include that, if a parent or guardian proposes a publicly financed placement of the pupil in a nonpublic school, the public education agency shall have an opportunity to observe the proposed placement and the pupil in the proposed placement. Prohibit the observation or assessment of any other pupil who is not the subject of the observation without the consent of his or her parent or guardian. Requires the superintendent of public instruction to establish standards for the
training and degree of specialization of hearing officers and for quality control mechanisms to ensure fair hearings and accurate decisions. Authorizes the hearing officer to set a reasonable time limit for the hearing. http://www.leginfo.ca.gov/pub/bill/sen/sb_0101-0150/sb_145_bill_20030912_chaptered.html
Title: S.B. 145
Source: California Legislative Web site
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| CA | Signed into law 09/2003 | P-12 | Requires a school district, special education local plan area, or county office of education to invite to the individualized education program team meetings a representative of the group home in those cases in which a pupil with exceptional needs has been placed in a group home by a juvenile court. http://www.leginfo.ca.gov/pub/bill/sen/sb_0451-0500/sb_464_bill_20030917_chaptered.html
Title: S.B. 464
Source: California Legislative Web site
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| CA | Signed into law 09/2003 | P-12 | 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 special education instruction to include funding costs for services to a pupil in a skilled nursing facility when the pupil is served by school districts with a daily average attendance of less than 3,000 students. http://www.leginfo.ca.gov/pub/bill/asm/ab_1601-1650/ab_1649_bill_20030929_chaptered.html
Title: A.B. 1649
Source: California Legislative Web site
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| CA | Signed into law 09/2003 | P-12 | Revises the review day for expulsions; Provides that if a pupil completes algebra coursework in grades 7 or 8, the pupil is not exempt for the high school graduation requirement for algebra; Revises deadlines for individualized education programs; Includes other miscellaneous changes. http://www.leginfo.ca.gov/pub/bill/asm/ab_0251-0300/ab_300_bill_20030929_chaptered.html
Title: A.B. 300
Source: California Legislative Web site
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| CA | Signed into law 08/2003 | P-12 | Existing law requires the state board of education, upon recommendation of the superintendent of public instruction or the members of the state board of education, to appoint five public members to the Advisory Commission on Special Education. This bill would require the board to select one of those members from the charter school community.
http://www.leginfo.ca.gov/pub/bill/asm/ab_0601-0650/ab_615_bill_20030811_chaptered.html
Title: A.B. 615
Source: California Legislative Web site
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| CT | Signed into law 08/2003 | P-12 | Concerns the general budget and revenue implementation; makes provisions regarding funding for children requiring special education; amends provisions regarding re-evaluation or withdrawal of consent in special education cases; makes grants to regional educational service centers. http://www.cga.state.ct.us/2003/act/Pa/2003PA-00006-R00HB-06806SS2-PA.htm
Title: H.B. 6806
Source: Connecticut Legislative Web site
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| DE | Signed into law 08/2003 | P-12 | Relates to students with traumatic brain injury (TBI); creates a distinct student disability classification of traumatic brain injury for statistical recording of special education students with TBI to conform with federal law.
http://www.legis.state.de.us/Legislature.nsf/fsLIS?openframeset&Frame=Main&Src=/LIS/LIS142.NSF/Home!Openform
Title: S.B. 105
Source: StateNet
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| OH | Signed into law 08/2003 | P-12 | This section specififes that the following options available to districts under the third grad reading guarantee for students who receive a limited score on the third grade reading achievement test apply to special education students: (1) promotion to 4th grade if the principal and reading teacher agree that other evaluations of the stuent's work indicate that the student is academically prepared for 4th grade;. (2) promotion to 4th grade with "intensive intervention" in that grade, or (3) retention in 3rd grade.
Title: H.B. 3 -- Third Grade Reading Guarantee
Source: Digest of Enactments 2003
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| OR | Signed into law 08/2003 | P-12 | Creates High Cost Disabilities Account within State School Fund; directs Department of Education to distribute moneys in account to school districts as reimbursement for cost of providing special education and related services to resident pupils; limits reimbursement to actual cost above specified amount; modifies portion of local option property tax revenues not considered local revenues; allows fund diversion for schools on Indian tribal reservations.
Title: S.B. 550
Source: StateNet
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| AL | Emergency Rule Adoption 07/2003 | P-12 | Establishes rules regarding the development and implementation of procedures to ensure children with disabilities are provided with a free appropriate public education. ftp://ftp.alsde.edu/documents/65/AOD_NCLB_July_2003.rtf
Title: AAC 290-8-9-.10 (8) (9) ER 74
Source: Alabama State Web site
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| IL | Signed into law 07/2003 | P-12 | Amends the Mental Health and Developmental Disabilities Administration Act to require the Department of Human Services to contract for autism diagnosis education programs for medical practitioners, school personnel, day care providers, parents and community service providers. http://www.legis.state.il.us/legislation/billstatus.asp?DocNum=1809&GAID=3&DocTypeID=HB&LegID=2622&SessionID=3
Title: H.B. 1809
Source: Illinois
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| IL | Signed into law 07/2003 | P-12 | Amends the School Code. Makes provisions regarding the State Board of Education's rules to determine the eligibility of children to receive special education. Requires non-discriminatory tests to limited English proficiency students. Defines rules for determining eligibility. http://www.legis.state.il.us/legislation/publicacts/fulltext.asp?Name=093-0282
Title: S.B. 566
Source: Illinois Legislative Web site
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| ME | Rule Adoption 07/2003 | P-12 | Amends conditions for funding approval for Special Education Programs. Provides a school district will no longer be able to override a parent not giving consent for the initial provision of special education and related services. Deletes rules regarding the Absence of Consent. MAINE REG 7558 (SN)
Title: 05-071-101
Source: StateNet
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| NH | Signed into law 07/2003 | P-12 | Makes certain revisions to the special education laws; revises procedures for disbursement of catastrophic aid payments to school districts; revises definition of educationally disabled child for those 18 to 21 years old, if the child was identified as an educationally disabled child and received services in accordance with an individualized education plan but who left school prior to his or her incarceration, or was identified as an educationally disabled child but did not have an individualized education plan in his or her last educational institution. http://gencourt.state.nh.us/legislation/2003/SB0085.html
Title: S.B. 85
Source: StateNet
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| NY | Signed into law 07/2003 | P-12 | Establishes the community district education council within the New York city community school district system; establishes a community council for each community district; establishes a city board on special education. Defines community council as the community district education council of a community district (school board). Community councils are to consist of eleven voting members and one non-voting member, including nine parents. Sets the selection, makeup and functions of each. Adds new powers and duties;
Title: S.B. 5688
Source: StateNet
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| NY | Signed into law 07/2003 | P-12 | Requires school bus attendants to receive training relating to the special needs of pupils with a handicapping condition; provides that in addition, school bus attendants shall be required to pass a physical performance test.
Title: S.B. 5620
Source: StateNet
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| RI | To governor 07/2003 | P-12 | Creates a special House commission to promote and develop a comprehensive system of education for visually impaired children.
Title: H.B. 5056
Source: StateNet
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| CT | Signed into law 06/2003 | P-12 | Acknowledges and address special education needs of children in the juvenile justice system. http://www.cga.state.ct.us/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=6391&which_year=2003&SUBMIT.x=14&SUBMIT.y=13
Title: H.B. 6391
Source: Connecticut Legislative Web site
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| CT | Signed into law 06/2003 | P-12 | Requires testing in compliance with the No Child Left Behind Act; states an elementary teaching endorsement is valid for kindergarten to grade 6 and a comprehensive special education teaching endorsement is valid for kindergarten to grade 12; requires the state board of education to establish requirements for subject area endorsements; requires teacher certification to include teaching experience in birth-to three programs approved by the Department of Mental Retardation. http://www.cga.state.ct.us/2003/act/Pa/2003PA-00168-R00SB-01155-PA.htm
Title: S.B. 1155
Source: Connecticut Legislative Web site
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| GA | Adopted 06/2003 | P-12 | Defined guidelines related to the required standard credential for all related service personnel providing educational interpreting for students who are deaf or hard of hearing in local school systems (LSSs) or state-operated school programs (SOPs). Outlines class size, equipment and facility requirements. http://www.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.11.pdf
Title: GAC 160-4-7-.11
Source: Georgia State Web site
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| GA | Adopted 06/2003 | P-12 | Establishes IDEA procedural safeguards and parents' rights. Removes language that allows local school systems to initiate a due process hearing to override a parent's refusal to consent to the initial provision of special education and related services to a child with a disability. http://www.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.05.pdf
Title: GAC 160-4-7-.05
Source: Georgia State Web site
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| ME | Signed into law 06/2003 | P-12 | Establishes a task force to study the needs of deaf and hard-of-hearing children and adolescents. Establishes membership of task force, appointments to which must be made within 30 days of effective date of this resolve. Requires the task force to examine the behavioral, developmental, social, emotional and educational needs of deaf and hard-of-hearing children and adolescents not receiving adequate services due to a lack of appropriate resources. Specifically, the task force must examine: 1. Services that are currently available to serve the needs of deaf and hard-of-hearing children and adolescents and the ability of those providers to provide culturally competent, linguistically accessible services; 2. Demographic data of the numbers of deaf and hard-of-hearing children and adolescents in need of such specialized services and projections regarding the number of deaf and hard-of-hearing younger children who may require such services in the future; and 3. Proposals designed to improve the delivery of services to meet the needs of deaf and hard-of-hearing children and adolescents, including, but not limited to, the development of in-state specialty services, collaborative agreements with bordering states and states with specialized facilities and training initiatives. Requires the task force to submit a report, including findings and recommendations, to the legislature by December 10, 2003.
http://www.mainelegislature.org/legis/bills/billtexts/LD055301-1.asp
Title: S.P. 193 (LD 553)
Source: StateNet
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| ME | Signed into law 06/2003 | P-12 | 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
Title: S.P. 538 (LD 1577) (omnibus bill)
Source: www.mainelegislature.org
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| ME | Signed into law 06/2003 | P-12 | This bill does the following:
1. It adds "emotional disability" to the definition of "exceptional student" in the Maine Revised Statutes, Title 20-A,
section 7001;
2. It adds "undue burden" as a requirement concerning requests for extension of leased space agreements relating to local school administrative units;
3. It amends the definition of "homeless student" in compliance with the provisions of federal law;
4. It amends the homeless student provisions to be addressed by Department of Education rules to implement federal law;
5. It amends and clarifies the section of the statute defining the tuition rate that may be charged by schools receiving tuition students who are enrolled in regular school day applied technology educational programs at applied technology centers. It adds language establishing the tuition rate that may be charged by the applied technology center, satellite or region; and
6. It amends the statutes regarding local funding requirements for gifted and talented programs and the reporting dates and implementation dates for those programs. http://www.mainelegislature.org/legis/bills/billtexts/LD157701-1.asp
Title: S.P. 538
Source: http://www.mainelegislature.org
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| MO | Signed into law 06/2003 | P-12 | Provides 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
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| NV | Signed into law 06/2003 | P-12
Postsec. | Establishes the Legislative Committee on Persons with Disabilities; requiring the Department of Human Resources to submit certain reports to the Committee; requires the committee to conduct a study for the purpose of establishing an Interagency Transition Plan concerning the transition from school to work for pupils with disabilities, and to facilitate the use of service animals; studies nursing care and intermediate care facilities.
Title: S.B. 137
Source: StateNet
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| NY | Emergency Rule Adoption 06/2003 | P-12 | Implements regulations by repealing the requirement that a school district initiate an impartial hearing when a parent does not provide consent for the initial provision of special education services. NEW YORK REG 15942 (SN)
Title: NYCRR 8 200.5
Source: StateNet
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| NY | Adopted 06/2003 | P-12 | Amends rules concerning appropriate long-term education space for students with disabilities in the least restrictive environment. NEW YORK REG 15777 (SN)
Title: NYCRR Title 8 155.1, 155.2, 155.12, 155.15, 200.2
Source: StateNet
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| TX | Signed into law 06/2003 | P-12 | Currently, Texas law requires a full individual and initial evaluation of a student for purposes of special education services to be completed no later than the 60th calendar day following the date on which the referral for evaluation was initiated by school personnel, the student's parent or legal guardian or another appropriate person. This triggering date is not consistent with other state and federal requirements. Federal law requires that any initial evaluation be conducted only upon receipt of parental consent obtained following a full explanation of procedural safeguards and no evaluation can take place until such consent is obtained. The school district may be left with a very short period of time between the date consent is obtained and the date the evaluation is actually completed, given the 60-day time period requirement. The time lag in awaiting parental consent has resulted in school districts being found in violation of the 60-day requirement. H.B. 1339 clarifies the administrative process regarding special education evaluations for school districts by coordinating the evaluation date with federal guidelines. (Bill Analysis, Senate Research Center) http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=78&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=01339&VERSION=5&TYPE=B
Title: H.B. 1339
Source: http://www.capitol.state.tx.us
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| TX | Signed into law 06/2003 | P-12 | Under current law, a school district is entitled to compensatory education funding to provide services to students who are educationally disadvantaged or who are at risk of dropping out of school. However, a school district is prohibited from using compensatory education funds for a program provided for dyslexic students under Section 38.003 (Screening and Treatment for Dyslexia and Related Disorders), Education Code. H.B. 1691 allows compensatory education funds to be used for accelerated reading programs for students at risk of dyslexia and for treatment programs for students who have been determined to have dyslexia or a related disorder. (From Bill Analysis, Senate Research) http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=78&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=01691&VERSION=5&TYPE=B
Title: H.B. 1691
Source: http://www.capitol.state.tx.us
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| TX | Signed into law 06/2003 | P-12 |
Relating to school districts that place an excessive number of students in certain special education instructional arrangements. Requires the state agency to make and disseminate to each school district a list of those districts that maintain for two successive years a ratio of full-time equivalent students placed in partially or totally self-contained classrooms to the number of full-time equivalent students placed in resource room or mainstream instructional arrangements that is 25% higher than the statewide average ratio. http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=78&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=01441&VERSION=5&TYPE=B
Title: H.B. 1441
Source: http://www.capitol.state.tx.us
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| CO | Signed into law 05/2003 | P-12 | Concerns operations of the Colorado school for the deaf and blind; provides for a school governing board consisting of seven members appointed by the governor with the consent of the senate. http://www.state.co.us/gov_dir/leg_dir/olls/sl2003a/sl_235.htm
Title: S.B. 53
Source: Colorado Legislative Web site
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| CO | Signed into law 05/2003 | P-12 | Allows the court to order a student with an individual education program to comply with this program as a condition of probation. The court must take into account the juvenile's intellectual functioning, adaptive behavior and emotional behaviors associated with his/her disability. http://www.leg.state.co.us/2003a/inetcbill.nsf/fsbillcont/6FEE0BD67084DDEE87256C9200612869?Open&file=1025_enr.pdf
Title: H.B. 1025
Source: Colorado Legislative Web site
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| GA | Signed into law 05/2003 | P-12 | Revises provisions relating to payment of fees for advanced placement tests; revises provision relating to the release of certain test questions; deletes provision that students with alternate assessments shall not count for accountability purposes; changes provisions regarding expenditure controls for the 2003-2004 school year; changes provisions regarding maximum class size for the 2003-2004 school year and provides for automatic repeal; changes provisions regarding funding for additional days of instruction; provides that when certain sales taxes for educational purposes are imposed, each board of education expending proceeds of the tax undergo a performance audit or performance review of the expenditures and provides for performance audit or review contracts. http://www.legis.state.ga.us/legis/2003_04/sum/sb249.htm
Title: S.B. 249
Source: Georgia Legislative Web site
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| MD | Signed into law 05/2003 | P-12 | Requires each county board of education to annually pay to the Maryland School for the Blind an amount equal to the local share of the basic cost to support the cost of instructional programming. Requires every county board to include a student sent to the Maryland School for the Blind in the full-time equivalent enrollment used for calculating the required local funds appropriated. Requires the board of directors of the Maryland School for the Blind to report twice annually to every local board the number of blind children attending from the district and the name of every blind child charged to the county. Requires Baltimore to pay $100 twice a year for every child sent from the county to the school, and to levy on the county's assessable property $200 for every blind child sent to the Maryland School for the Blind from the county, with any year-end balance from the levy reverting to the county treasury, to be included in the next levy or paid immediately to the Maryland School for the Blind.
http://mlis.state.md.us/2003rs/bills/hb/hb0948e.rtf
Title: H.B. 948
Source: mlis.state.md.us
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| MD | Rule Adoption 05/2003 | P-12 | 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 funding to comply with certain requirements and practices. Requires certain policies and procedures be set for compliance with standards for student behavior intervention practices. Makes technical amendments. MARYLAND REG 9412 (SN)
Title: COMAR 13A.05.01.13 thru .16; 13A.05.02.04, .05, .13; 13A.08.04.01 thru .06
Source: StateNet
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| ME | Signed into law 05/2003 | P-12 | Concerns the Baxter Compensation Program; addresses confidentiality of claimants and families of victims of abuse at Baxter School for the Deaf; specifies information to be contained in public record; concerns appeal process and new information consideration; concerns administrative budget oversight of the program; prohibits reduction of award by appeal board. http://www.mainelegislature.org/legis/bills/billtexts/LD076801-1.asp
Title: S.P. 263 (LP 768)
Source: StateNet
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| TN | Signed into law 05/2003 | P-12 | Requires the State Board of Education to submit a preliminary report prior to February 1, 2004, to apprise the Select Oversight
Committee on Education of progress made in implementing the special education caseload and class size standards policy adopted by the state board on April 26, 2002. The state board is also required to submit an end-of-year report prior to June 30, 2004. Copies of both the
preliminary and final report shall be provided to the Senate and House Education Committees, in addition to members of the Select Oversight
Committee on Education.Requires State Board of Education to submit to select oversight committee on education preliminary and end-of-school-year reports relative to implementation of special education case load and class size standards. (Summary from fiscal note.) http://www.legislature.state.tn.us/bills/currentga/BILL/SJR0238.pdf
Title: S.J.R. 238
Source: http://www.legislature.state.tn.us
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| TX | Rule Adoption 05/2003 | P-12 | Amends rules concerning basic education. Establishes that the individual case plan developed for each youth address special education or English as a second language as needed. TEXAS REG 85577 (SN)
Title: 37 TAC 91.43
Source: StateNet
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| TX | Signed into law 05/2003 | P-12 | H.B. 2823 delegates the responsibility of ensuring compliance with federal transition-related requirements to the commissioner of education. The bill sets out the transition issues that must be considered in the transition portion of a student's individualized education program. (Bill Analysis, Senate Research) http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=78&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=02823&VERSION=5&TYPE=B
Title: H.B. 2823
Source: http://www.capitol.state.tx.us
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| VT | Signed into law 05/2003 | P-12 | This act assigns duties appropriately carried out by staff and which are currently assigned to a supervisory union board to the superintendent; repeals law relating to calculation of the equalized yield amount which is no longer necessary; updates law relating to possession of a firearm at school to synchronize with changes in federal law; clarifies that all school districts must follow accounting procedures adopted by the state board of education; clarifies that a school district must report the balance of reserve funds in its annual report to the electorate; clarifies the process for voting for an at-large school board member for a union school district; clarifies which school board determines the district of residence for a pupil whose legal residence is unclear; establishes that school registers must be filed within the supervisory union; clarifies that when a school district has an alternate method of paying a deficit, it is not required to add the amount to its budget; authorizes school boards to purchase liability insurance through participation in an intermunicipal agreement; authorizes payment of state aid to gores and unorganized towns and establishes a tax for spending in excess of state aid; reorganizes the state advisory council on special education to comply with changes in federal law; establishes that data changes used to calculate state aid which are made due to an error or due to an actual change in information are treated the same way; stipulates that a school district which eliminates the office of auditor must have a Certified Public Accountant conduct an annual audit; establishes that a student, if necessary, may count credits earned at technical education centers toward graduation; stipulates that credits earned at a technical center shall be applied toward school graduation requirements; and provides that state aid paid for adult diploma students shall be based on a two-year average. http://www.leg.state.vt.us/docs/legdoc.cfm?URL=/docs/2004/acts/ACT036.HTM
Title: H.B. 477
Source: http://www.leg.state.vt.us
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| WA | Signed into law 05/2003 | P-12 | Ensures the quality and availability of educational interpreters for deaf and hearing impaired students; requires the state board of education to consider options including requiring that all educational interpreters for deaf students and hard of hearing students meet national registry standards and studying the feasibility of using distance learning options as a way to both maintain the quality and increase the availability of educational interpreters. http://www.leg.wa.gov/pub/billinfo/2003-04/Senate/5100-5124/5105-s_pl_04222003.txt
Title: S.B. 5105
Source: StateNet
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| AR | Signed into law 04/2003 | P-12 | Extends the period of time for filing grievances under the individuals with disabilities education act from 30 days to 3 years. http://www.arkleg.state.ar.us/ftproot/bills/2003/public/HB2712.pdf
Title: H.B. 2712
Source: Arkansas Legislative Web site
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| FL | Signed into law 04/2003 | P-12
Postsec.
Community College | Deletes requirement that the high school life management skills course be taken at specific grade levels; requires certain test accommodations and modifications of procedures for students with disabilities; requires award of a standard diploma to a student with a disability who meets certain criteria; revises provisions relating to admission of students to community colleges.
http://www.leg.state.fl.us/house/Session/index.cfm?Mode=Bills&BI_Mode=ViewBillInfo&BillNum=1739&Year=2003&Chamber=House#BillText
Title: H.B. 1739
Source: Florida Legislative Web site
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| 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
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| NM | Signed into law 04/2003 | P-12
Postsec. | Relates to education; provides for accessible electronic formats for individuals with disabilities enrolled in distance learning courses of study and using computer-based instructional materials. http://legis.state.nm.us/Sessions/03%20Regular/FinalVersions/house/HB0708.html
Title: H.B. 708
Source: StateNet
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| NM | Signed into law 04/2003 | P-12 | Enacts the Braille Act. Requires publishers that print instructional materials for students attending educational institutions to provide, upon request of the educational institution, any printed instructional materials in an electronic format mutually agreed upon by the publisher and the educational institution. These formats shall allow the printed material to be converted to braille. Provides a private right of action for violations of the Braille Access Act. Repeals the Braille Literacy Act. http://legis.state.nm.us/Sessions/03%20Regular/bills/senate/SB0301.html
Title: S.B. 301
Source: StateNet
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| KY | Signed into law 03/2003 | Postsec. | Requires publishers to provide printed and nonprinted postsecondary instructional materials in an electronic format at no cost to a postsecondary institution or the state repository for alternative format instructional materials for use by students with disabilities. Requires that the electronic version meet various criteria, including that it maintain the structural integrity of the instructional material. Sets forth procedures for requesting and sending electronic or alternative format instructional materials including braille and audio recordings. Allows the council on postsecondary education to create a consortium, the State Repository for Alternative Format Instructional Materials, to function as a state repository for electronic files and alternative format materials. Requires the council to collaborate with representatives of every postsecondary institution to ensure that students with disabilities have instructional materials in appropriate alternative formats within the first week of class. Requires the council to collaborate with appropriate entities to include in its annual status report on postsecondary education in Kentucky an evaluation of the need for statewide technical assistance, training and other support to make alternative format instructional materials more available and useable. Includes further provisions relating to repository and postsecondary instructional materials in electronic format. http://www.lrc.state.ky.us/RECORD/03RS/SB85.htm
Title: S.B. 85
Source: StateNet
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| MS | Signed into law 03/2003 | P-12 | 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 of a free appropriate public education to the child, the parent of a child with a disability or the agency shall have the opportunity to request a state-level impartial due process hearing. This bill allows any party aggrieved by the findings and decision made by the hearing officer to appeal the hearing officer's decision within 45 days of the decision. http://billstatus.ls.state.ms.us/documents/2003/html/HB/0600-0699/HB0662SG.htm
Title: H.B. 662
Source: billstatus.ls.state.ms.us
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| MT | Signed into law 03/2003 | P-12 | 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 resident district. http://data.opi.state.mt.us/bills/2003/billhtml/HB0135.htm
Title: H.B. 135
Source: StateNet
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| MT | Signed into law 03/2003 | P-12 | Exempts the Montana school for the deaf and blind from spending reductions. http://data.opi.state.mt.us/bills/2003/billhtml/HB0060.htm
Title: H.B. 60
Source: StateNet
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| MT | Signed into law 03/2003 | P-12 | Requires the Montana School for the Deaf and Blind to establish a system for tracking intervention services received by hearing and visually impaired children from the time of impairment identification through the child's exit from intervention or educational services. http://data.opi.state.mt.us/bills/2003/billhtml/SB0042.htm
Title: S.B. 42
Source: http://data.opi.state.mt.us
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| MT | Signed into law 03/2003 | P-12 | Changes the fee for services collected from a public school or other responsible agency by the Montana School for the Deaf and Blind from a mandatory fee to an optional fee. http://data.opi.state.mt.us/bills/2003/billhtml/SB0043.htm
Title: S.B. 43
Source: StateNet
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| MT | Signed into law 03/2003 | P-12 | Changes the designation of the Montana School for the Deaf and Blind from an independent institution to a state-sponsored special school. http://data.opi.state.mt.us/bills/2003/billhtml/SB0041.htm
Title: S.B. 41
Source: StateNet
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| ND | Signed into law 03/2003 | P-12 | Definition of a student with disabilities includes a student aged 18 through 21 who is incarcerated in an adult correctional facility and who, in the last educational placement prior to incarceration, was identified as being a student with a disability and did not have an
individualized education program or was identified as being a student with a disability and had an individualized education program. http://www.state.nd.us/lr/assembly/58-2003/bill_text/DQVO0200.pdf
Title: H.B. 1080
Source: StateNet
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| TX | Rule Adoption 03/2003 | P-12 | Proposes rules concerning Memoranda of Understanding, with regard to coordinated services for multi-problem children and youth and transition planning for students receiving special education services. TEXAS REG 85090 (SN)
Title: 37 TAC 349.69 thru 349.72
Source: StateNet
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| TX | Adopted 03/2003 | P-12 | Amends rules relating to the educational requirements for persons under 22 years of age. Relates to the Memorandum of Understanding concerning interagency coordination of special education services to students with disabilities in residential facilities. TEXAS REG 84930 (SN)
Title: 40 TAC 19.1934
Source: StateNet
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| WY | Signed into law 03/2003 | P-12 | Part of this Act (21-2-202) establishes statewide guidelines for education staffing levels, to be used in assessing special education programs and services provided by school districts; requires state superintendent to monitor school district special education service delivery practices, assess the appropriateness of district variations in services provided or the delivery of services and assist districts in developing alternatives to service delivery as necessary; measure and track district special education programs based upon student performance and develop procedures to monitor student progress over time. http://legisweb.state.wy.us/2003/enroll/hb0078.pdf
Title: H.B. 78
Source: http://legisweb.state.wy.us
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| MT | Signed into law 02/2003 | P-12 | Allows an employee of a State or local education agency that is not providing educational services to a child with a disability, to serve as a surrogate parent for that child, but only whenever the parents or guardian cannot be identified or, after reasonable efforts, the location of the parents cannot be discovered or if the child is a ward of the state. Determination must take place within 30 days of discovery of need to make determination. Establishes prerequisites for surrogate parent and procedures for nomination, appointment and termination of surrogate parent. http://data.opi.state.mt.us/bills/2003/billhtml/HB0153.htm
Title: H.B. 153
Source: data.opi.state.mt.us
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| NY | Emergency Rule Adoption 02/2003 | P-12 | Establishes emergency rules to ensure the continued compliance of the State and local educational agencies. Requires school districts to establish a policy to provide copies of student's individualized education program (IEP) to teachers and related service providers and ensures that any individual with responsibility to implement the IEP of a student with a disability is informed of his or her specific responsibilities. Clarifies who must receive a copy of the student's IEP and who must be informed about his or her IEP implementation responsibilities. NEW YORK REG 15703 (SN)
Title: 8 NYCRR 200.2, 200.4, 200.16
Source: StateNet
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| WY | Signed into law 02/2003 | P-12 | Relates to education of children with disabilities; authorizes program attendance beyond school age as specified. http://legisweb.state.wy.us/2003/enroll/sf0091.pdf
Title: S.B. 91
Source: StateNet
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| KY | Emergency Rule Adoption 01/2003 | P-12 | Establishes emergency rules pertaining to coverage and payment for Kentucky Early Intervention Program services. http://www.lrc.state.ky.us/kar/911/002/200E.htm
Title: 911 KAR 2:200E
Source: StateNet
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| KY | Adopted 01/2003 | P-12 | Establishes rules regarding the provisions relating to early intervention services for which payment shall be made on behalf of eligible recipients. http://www.lrc.state.ky.us/kar/911/002/200.htm
Title: 911 KAR 2:200
Source: StateNet
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| KY | Emergency Rule Adoption 12/2002 | P-12 | Establishes emergency rules pertaining to early intervention program assessment and service planning. http://www.lrc.state.ky.us/kar/911/002/130E.htm
Title: 911 KAR 2:130E
Source: StateNet
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| MI | Signed into law 12/2002 | P-12 | Amends the act that provides for the maintenance, management and control of the Michigan School for the Blind. http://www.michiganlegislature.org/documents/2001-2002/publicact/pdf/2002-PA-0702.pdf
Title: H.B. 5721
Source: StateNet
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| NY | Emergency Rule Adoption 12/2002 | P-12 | Establishes emergency rules ensuring that school districts provide teachers, related service providers and other service providers with a copy of the Individualized Education Program of a student with a disability prior to the implementation of the student's Individualized Education Program. NEW YORK REG 15560 (SN)
Title: EDU 41-02-00009
Source: StateNet
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| AK | Rule Adoption 09/2002 | P-12 | Relates to special education due process hearings. Provides that on request the department will provide a record of the hearing findings or fact and decision at no cost to the parent or to any party. ALASKA REG 2757 (SN) http://old-www.legis.state.ak.us/cgi-bin/folioisa.dll/aac/query=[jump!3A!274+aac+52!2E550!27]/doc/{@12754}?
Title: 4 AAC 52.550
Source: StateNet
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| CA | Signed into law 09/2002 | P-12 | Prohibits an employee of a school district, county office of education or a special education local plan area from directly or indirectly using or attempting to use his or her official authority or influence for the purpose of intimidating, threatening, or coercing a person, or attempting any of those actions against a person, for the purpose of interfering with the right of that person to obtain services for an exceptional needs pupil. http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_1851-1900/ab_1895_bill_20020927_chaptered.html
Title: A.B. 1895
Source: Lexis-Nexis/StateNet
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| CA | Vetoed 09/2002 | P-12 | 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 recipients to perform certain services related to alternative dispute resolution. States the intent of the Legislature, subject to federal funding, to make funding available for the program. http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_0151-0200/ab_164_bill_20020830_enrolled.html
Title: A.B. 164
Source: Lexis-Nexis/StateNet
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| CA | Signed into law 09/2002 | P-12 | Revises and recasts certain provisions relating to the suspension and expulsion of a pupil with exceptional needs by school districts, county offices of education and special education local plan areas to conform those provisions with the federal Individuals with Disabilities Education Act. http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_1851-1900/ab_1859_bill_20020912_chaptered.html
Title: A.B. 1859
Source: Lexis-Nexis/StateNet
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| CA | Vetoed 09/2002 | P-12 | Requires the Trustees of the California State University to assess the current status of the university's credential programs that prepare teachers to work with the blind and visually impaired pupil population. Expresses the intent to fund programs, including interactive television, Web-based courses, and other off-campus options for providing instruction that will increase the number of these teachers. http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_2601-2650/ab_2616_bill_20020823_enrolled.html
Title: A.B. 2616
Source: Lexis-Nexis/StateNet
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| CA | Signed into law 09/2002 | P-12 | Requires the Superintendent of Public Instruction to form an advisory task force, with prescribed membership approved by the State Board of Education, to develop standards for the mastery of the braille code by pupils. http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_2301-2350/ab_2326_bill_20020918_chaptered.html
Title: A.B. 2326
Source: Lexis-Nexis/StateNet
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| CA | Signed into law 09/2002 | P-12 | 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 without the involvement of the school district, special education local plan area, or county office of education in which the parent resides, shall assume all financial responsibility for the child's special education program and related services. http://www.leginfo.ca.gov/pub/01-02/bill/sen/sb_2001-2050/sb_2012_bill_20020916_chaptered.html
Title: S.B. 2012
Source: Lexis-Nexis/StateNet
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| CT | Signed into law 09/2002 | P-12 | Amends the provisions concerning the exemptions of limited English proficient special education students from participation in the state mastery testing program (Sec. 5)
Title: H.B. 6004 (Special Session Act No. 02-7)
Source: http://www.state.ct.us/sde/commish/
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| FL | Signed into law 08/2002 | P-12 | Shifts responsibility for establishing rules regarding student report cards from state superintendent to state board. Modifies rules relating to remediation, retention and promotion. Specifically, as stated by legislative summary, "The bill requires retention of students whose reading deficiency is not remedied by the third grade, as demonstrated by scoring at Level 2 or higher on the third grade reading portion of the FCAT. Before third grade, students identified as having a substantial reading deficiency must be given intensive reading instruction." Also, "The bill requires that academic improvement plans describe specific areas of reading deficiency, desired levels of performance in these areas, and necessary support services. The bill requires written parental notification of a substantial reading disability, current services, proposed remediation, and a mandatory third grade retention requirement. The bill outlines good cause exemptions: Limited English Proficient students who have had less than two years of instruction in an English for Speakers of Other Languages program; those with disabilities whose individual education plan (IEP) indicates that participation in the statewide assessments is not appropriate; those who demonstrate an acceptable level of performance on an alternative standardized reading assessment approved by the State Board of Education; those who demonstrate, through a student portfolio, the mastery of the Sunshine State Standards in reading equal to a Level 2 performance on the FCAT; students with disabilities who were previously retained in kindergarten, first or second grade, who participate in the FCAT and whose IEP or 504 plan shows a remaining deficiency after intensive remediation in reading for more than two years; and students who have received the intensive remediation in reading for two or more years but still demonstrate a deficiency or who were previously retained in kindergarten, grade one or grade two for a total of two years. The bill requires the teacher to document and report any good cause exemption to the principal. The principal reviews and reports a recommendation to the superintendent who makes the final decision. Each step of this process must be in writing. The bill gives the State Board of Education authority to enforce these provisions by requiring that districts submit relevant data, allowing the Commissioner of Education to investigate noncompliance, ordering compliance within a specified time frame, and withholding funds in the event of continued noncompliance." See bill section 371, page 825, line 4 ff: http://www.leg.state.fl.us/data/session/2002E/Senate/bills/billtext/pdf/s0020Eer.pdf
Title: S.B. 20E
Source: http://www.leg.state.fl.us
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| NY | Signed into law 08/2002 | P-12 | Requires school bus attendants to receive training relating to the special needs of pupils with a handicapping condition; provides that bus attendants shall be required to pass a physical performance test.
Title: A.B. 2786
Source: Lexis-Nexis/StateNet
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| NY | Signed into law 08/2002 | P-12 | Requires that each regular education teacher, special education teacher, assistant, and related service provider responsible for implementing a child's individualized education program be supplied with a copy of such child's individualized education program and that such teacher, assistant and staff person be advised as to his or her responsibility in helping to implement that program; includes charter schools.
Title: A.B. 10601
Source: Lexis-Nexis/StateNet
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| IL | Signed into law 07/2002 | P-12 | Requires the State Teacher Certification Board to categorically certify a special education teacher in one or more specialized categories or disability if the special education teacher applies and qualifies for such certification. Includes severe emotional disturbances, autism, mental retardation, and orthopedic impairment.
Title: S.B. 1777, H.B. 4466
Source: Lexis-Nexis/StateNet
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| MI | Vetoed 07/2002 | P-12 | Revises membership on the Special Education Advisory Committee in the Department of Education.
Title: H.B. 4990
Source: Lexis-Nexis/StateNet
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| TN | Signed into law 07/2002 | P-12 | When a child is referred for assessment or evaluation of a possible disability, such assessment or evaluation must be completed as specified by the state board of education rules and regulations. The time frame from informed written parental consent to the placement of a child eligible for special education will be examined during the 2001-2002 school year by the state board and department of education. The state board and department will make a recommendation to the senate and house education committees regarding the amount of time that is needed for assessments by no later than December 31, 2002. http://www.legislature.state.tn.us/bills/currentga/Chapter/PC0843.pdf
Title: H.B. 572
Source: http://www.legislature.state.tn.us
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| AK | Adopted 06/2002 | P-12 | Waivers are allowed if districts are (A) recruiting through the University of Alaska Fairbanks Alaska Teacher Placement program; or
(B) advertising in one or more newspapers of general circulation; and (3) official transcripts and a letter from an approved teacher training program, evidencing that the person for whom the waiver is requested (A) has completed a minimum of nine semester or 12 quarter hours of special education coursework; and (B) is enrolled in an individualized special education training program that will qualify the person to receive a special education endorsement. May be renewed for up to three years as long as annual evidence that applicant continues to be enrolled in and is making satisfactory yearly progress on the individualized special education program set out in the application, and can complete the program within three years.
Title: 4 AAC 12.025 (a)
Source: http://www.eed.state.ak.us/regs/4aac12027specialedendorsefinal102001.pdf
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| AZ | Became law without governor's signature 06/2002 | P-12 | States that dates by which actions must be completed do not apply to the Arizona state schools for the deaf and the blind. Requires that school facilities board ensure that deficiencies in the facilities for these schools are assessed by December 31, 2002. See Section 52: http://www.azleg.state.az.us/legtext/45leg/2r/bills/hb2710c.htm
Title: Omnibus--H.B. 2710
Source: http://www.azleg.state.az.us
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| AZ | Became law without governor's signature 06/2002 | P-12 | Requires that school building inspection carried out by school facilities board every five years ensure compliance wtih routine preventative maintenance guidelines as established in code. Requires school facilities board to randomly select 20 districts every 30 months for inspection. As of August 15, 2004, requires school facilities board to report to the joint committee on capital revenue the amounts required for the building renewal fund and new school facilities fund for the state schools for deaf and the blind for the succeeding two fiscal years, which amounts must be incorporated in any request for building renewal and new school facilities funds. Mandates that by October 15 each year, the school facilities board submit for review to the joint committee on capital review demographic assumptions, projected construction schedule and new school construction cost estimates for coming fiscal year. Requires every district to develop routine preventative maintenance guidelines for its facilities by October 1, 2002, which must be submitted to the school facilities board for analysis and approval by February 1, 2003. If school facilities board deems district facility inadequately maintained pursuant to district's routine preventative maintenance guidelines, district must use building renewal funds to bring facility into compliance with district's routine preventative maintenance guidelines. Allows school facilities board to transfer monies between specified facilities funds under enumerated circumstances. http://www.azleg.state.az.us/legtext/45leg/2r/bills/hb2710c.htm
Title: Omnibus--H.B. 2710
Source: http://www.azleg.state.az.us
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| CA | To governor 06/2002 | P-12 | Clarifies that a charter school is allowed to report average daily attendance to accommodate eligible pupils who require extended year services as part of an individualized education plan under the Individuals with Disabilities in Education Act.
Title: S.B. 1708
Source: Lexis-Nexis/StateNet
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| DE | Signed into law 06/2002 | P-12 | Requires the Department of Education to continue to provide funding for a portion of the education costs associated with prison inmates aged 18 to 21 years who qualify for special education. http://www.legis.state.de.us/LIS/LIS141.NSF/vwLegislation/
Title: S.B. 391
Source: www.legis.state.de.us
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| MO | Signed into law 06/2002 | P-12 | For students who receive special education services, the state board must, through a teacher panel, determine if appropriate alternate assessments exist or, if not, create such an assessment. When it is determined by the student's individualized education plan team that the alternative assessment is more appropriate for the student, the student will take the alternative assessment, which will address independent living skills, detailed in the bill.
Title: H.B. 1711
Source: House Research Staff Summaries
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| MO | Signed into law 06/2002 | P-12 | Requires school districts that provide early childhood special education to give preference to a child's birth to age 3 service provider when making the transition to early childhood special education, unless this would result in a cost which exceeds the average cost per student in early childhood special education for the district responsible for educating the student. http://www.senate.state.mo.us/02info/pdf-bill/tat/sb874.pdf
Title: S.B. 874
Source: www.senate.state.mo.us
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| AZ | Signed into law 05/2002 | P-12 | Establishes three-year pilot project for cooperative programs for low incidence pupils. Establishes an advisory committee to assist in establishment of the pilot project for cooperative programs for certain groups of pupils with low incidence disabilities. Defines "low-incidence pupils"; designates committee membership and duties. Includes conditional enactment clause. http://www.azleg.state.az.us/legtext/45leg/2r/laws/0300.htm
Title: H.B. 2702
Source: www.azleg.state.az.us
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| CO | Vetoed 05/2002 | P-12 | Finds that providing hearing aids to hearing impaired children will improve the language development of such children; declares that providing hearing aids to such children will reduce the costs borne by the state in connection with providing special education and other costs associated with such hearing loss; mandates that insurance providers cover hearing aids for minor children when medically appropriate.
Title: H.B. 1220
Source: Lexis-Nexis/StateNet
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| CO | Signed into law 05/2002 | P-12 | Establishes the Eligible Facilities Education Task Force; requires the task force to examine the placement of children in eligible families by public agencies and to develop a funding mechanism and administrative structure that assures the provision of educational services comparable to public schools and that assures appropriate placement of children in such facilities. http://www.leg.state.co.us/2002a/inetcbill.nsf/fsbillcont/5048A86B9183E03C87256B3D00656F17?Open&file=1246_enr.pdf
Title: H.B. 1246
Source: www.leg.state.co.us
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| DE | Signed into law 05/2002 | P-12 | Requires the Autistic Monitoring Review Board to review at least annually the education of and provision of related services to students with autism throughout Delaware to ensure best practices are being used and opportunities for continuous improvement are afforded all such students. http://www.legis.state.de.us/LIS/LIS141.NSF/vwLegislation/
Title: H.B. 234
Source: http://www.legis.state.de.us
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| FL | Signed into law 05/2002 | P-12
Postsec. | Requires districts to notify the parent of a disabled student within 10 school days of the parent's application for a John M. McKay Scholarship for Students with Disabilities, if a matrix of services for the student is unavailable. According to legislative digest, "Requires school districts to give parents a date for completion of the matrix and must notify parents of matrix level within 10 school days of completion of the matrix. Requires the award amount to be calculated at Level I until matrix is completed. Removes requirement that parent notify district in writing of intent to participate. Allows parent to notify district electronically through the department of education of intent to participate in program. Removes May 1 date for private schools to notify department of intent to participate." See bill section 104, page 285, line 1: http://www.leg.state.fl.us/data/session/2002E/Senate/bills/billtext/pdf/s0020Eer.pdf
Title: S.B. 20E
Source: www.leg.state.fl.us
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| FL | Signed into law 05/2002 | P-12 | Eliminates educational program for disabled adults funded in Workforce development education fund. See bil section 236, page 588, line 7 ff: http://www.leg.state.fl.us/data/session/2002E/Senate/bills/billtext/pdf/s0020Eer.pdf
Title: S.B. 20E
Source: http://www.leg.state.fl.us
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| FL | Signed into law 05/2002 | P-12 | Permits collaboration between Florida School for the Deaf and the Blind (FSDB) and local districts and boards. Allows FSDB to carry forward funds in the same way as universities. Permits FSDB district status for purposes of teacher certification. See bill section 101, page 258, line 26 ff: http://www.leg.state.fl.us/data/session/2002E/Senate/bills/billtext/pdf/s0020Eer.pdf
Title: S.B. 20E
Source: www.leg.state.fl.us
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| FL | Signed into law 05/2002 | P-12 | Requires local superintendent to apprise parents of disabled students of all services available that are appropriate to child's disability. See bill section 151, page 404, line 27 ff: http://www.leg.state.fl.us/data/session/2002E/Senate/bills/billtext/pdf/s0020Eer.pdf
Title: S.B. 20E
Source: http://www.leg.state.fl.us
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| MD | Signed into law 05/2002 | P-12 | Defines "computer-based technology" as computer hardware or software used by teachers and students in the delivery of an instructional program. Requires state superintendent and secretary of business and economic development to ensure that specifications in all grants and procurement contracts for technology-based instructional products require equivalent access for students with disabilities, including blindness. Starting in FY05, state or local invitations for bids, RFPs, procurement contracts, grants, or modifications to these must give notice of the equivalent access requirement whenever funds are to develop or acquire technology-based instructional products. These equivalent access standards are also to be included in guidelines for design specifications for and selection of technology-based instructional products. The state or local district must select the available product that best meets the specifications and has the greatest functionality for equivalent access for students with disabilities, including blindness. http://mlis.state.md.us/2002rs/bills/sb/sb0226e.rtf
Title: S.B. 226
Source: mlis.state.md.us
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| MD | Signed into law 05/2002 | P-12 | Renames State Coordinating Countil for Residential Placement of Handicapped Children as State Coordinating Council for Children. Adds Maryland School-Based Health Care Center Policy Advisory Council; State Council on Child Abuse and Neglect; and State Commission on Infant Mortality Prevention to units in Office for Children, Youth and Families in Executive Department. Establishes as "Community Partnership Agreements" agreements between the state and local management boards relating to the provision of services for children, youth and families. Adds to purposes of Subcabinet Fund as it relates to services to handicapped children. Requires the Special Secretary to adopt regulations about local management boards. Modifies membership and duties of local coordinating councils. Provides out-of-state placement for children who have behavioral, educational, developmental, or mental needs that can't be met through state agencies; codifies the State School-Based Health Center Policy Advisory Council. Requires Special Secretary for Children, Youth, and Families to appoint a Committee to develop a Subcabinet plan to address provision of services to intensive-needs children. http://mlis.state.md.us/2002rs/bills/hb/hb1386t.rtf
Title: H.B. 1386
Source: mlis.state.md.us
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| MD | Signed into law 05/2002 | P-12 | Requires that county board financial audit results be reported to state superintendent, county fiscal authority, and specified house and senate committees. Requries Management Oversight Panel to monitor implementation of audits' recommendations and coordination office to support Management Oversight Panel until the state superintendent determines that all the audits' recommendations have been addressed. Modifies the basic current expense formula to create a new foundation program for state education funding; creates a compensatory education funding program; creates a funding program for students with limited English; creates a special education funding program; establishes guaranteed tax base program. Extends funding for public school construction projects in Prince George's County and Baltimore City from 2003 to 2004. Establishes Task Force to Study Public School Facilities; requires task force to study specified issues in the realms of school construction. Terminates task force on December 31, 2002. Provides unrestricted grants of specified amounts in FY 03 to county boards. Requires Prince George's County Board to develop and submit comprehensive master plan and Superintendent to approve master plan before it receives its unrestricted grant. http://mlis.state.md.us/2002rs/bills/sb/sb0856e.rtf
Title: S.B. 856
Source: mlis.state.md.us
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| MD | Signed into law 05/2002 | P-12 | 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 circumstances or medical necessity. Requires that subject to availability of state funding, state must pay cost of services for child who qualifies for nonpublic placement and who requires wraparound services to receive special education. Requires that if local management board funds the placement of a child in a school outside the county or state of child's residence without consulting the local school system, local management board must certify and pay the cost of the student's daily or other reasonable transportation to school. http://mlis.state.md.us/2002rs/bills/hb/hb1221t.rtf
Title: H.B. 1221
Source: mlis.state.md.us
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| MO | Signed into law 05/2002 | P-12 | Changes the name of the Missouri Commission for the Deaf to the Missouri Commission for the Deaf and Hard of Hearing. Changes membership requirements to allow two members to be either deaf or hard of hearing, one parent to be of a child who is deaf or hard of hearing, and executive director who is deaf or hard of hearing. Expands commission's duty to promoting the quality of services to both the deaf and hard of hearing. Establishes "Missouri Commission for the Deaf and Hard of Hearing Fund," to be administered by executive director of commission. Allows for compensation of evaluators for deaf interpretor certification. Requires Missouri Commission fo the Deaf and Hard of Hearing Board of Certification to recognize specified certificates. Allows certification for purposes of deaf interpreter licensure to come from either the National Registry of Interpreters for the Deaf, the National Association of the Deaf or Missouri Interpreter Certification System. http://www.house.state.mo.us/bills02/biltxt02/truly02/HB1783T.HTM
Title: H.B. 1783
Source: www.house.state.mo.us
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| MO | Signed into law 05/2002 | P-12 | 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 of whether the agency committed any of specified offenses. Specifies that it is the policy of the state of Missouri to provide a free appropriate education consistent with state and federal regulations implementing the Individuals with Disabilities Education Act. Eliminates language requiring that special education services "maximize [students'] capabilities" and that the special educational services provided handicapped children "develop [them] to their maximum capacity." http://www.house.state.mo.us/bills02/biltxt02/truly02/HB2023T.HTM
Title: H.B. 2023
Source: www.house.state.mo.us
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| AL | Signed into law 04/2002 | P-12 | Appropriates a certain amount from the Education Trust Fund, Impaired Drivers Trust Fund and Federal and Local Funds to the Department of Rehabilitation Services. http://alisdb.legislature.state.al.us/acas/searchableinstruments/2002rs/bills/hb154.htm http://www.rehab.state.al.us/overview.html
Title: H.B. 154
Source: alisdb.legislature.state.al.us
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| AL | Signed into law 04/2002 | P-12 | Appropriates a certain amount from the Education Trust Fund to the State Board of Education for the support and maintenance of special programs, schools, and services for special education; provides that the appropriation is subject to certain provisions of the Code of Alabama 1975; requires an operations plan and an audited financial prior to the release of funds. http://alisdb.legislature.state.al.us/acas/searchableinstruments/2002rs/bills/hb145.htm
Title: H.B. 145
Source: alisdb.legislature.state.al.us
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| FL | Signed into law 04/2002 | P-12 | Relates to vocational rehabilitation programs for persons with disabilities; requires the Division of Vocational Rehabilitation to develop a plan relating to general vocational rehabilitation programs; provides requirements for the plan; renames the Rehabilitation Advisory Council as the Florida Rehabilitation Council; revises council membership and duties; makes conforming changes to existing provisions.
Title: H.B. 1825
Source: Lexis-Nexis/StateNet
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| KY | Signed into law 04/2002 | P-12 | States intent to ensure to the degree feasible that all students with reading accommodations have textbooks and instructional materials in accessible formats; requires the Department of Education to give preferential procurement status to textbook and instructional materials from publishers who make their materials available in accessible formats for use by students with disabilities. Requires publishers of approved textbooks in public schools in the state to provide computer files or electronic formats of textbooks, as well as digital files from which recordings of the textbook may be made. http://www.lrc.state.ky.us/RECORD/02RS/SB243/bill.doc
Title: S.B. 243
Source: www.lrc.state.ky.us
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| LA | Signed into law 04/2002 | P-12 | Provides relative to the definition of resident as it applies to a child with an exceptionality. http://www.legis.state.la.us/leg_docs/021ES/CVT8/OUT/0000JJ2D.PDF
Title: H.B. 96A
Source: www.legis.state.la.us
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| LA | Signed into law 04/2002 | P-12 | Specifies procedures for hearings and appeals regarding the provision of special education and related services to children with exceptionalities. http://www.legis.state.la.us/leg_docs/021ES/CVT7/OUT/0000JJ2C.PDF
Title: H.B. 94A
Source: www.legis.state.la.us
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| NH | Signed into law 04/2002 | P-12 | Relates to liability for educational expenses incurred during placement of any resident or patient, who is capable of being benefited by instruction and who is between 3 and 21 years of age, in certain Department of Health and Human Services facilities; provides for payment by school district of residence.
Title: H.B. 1443
Source: Lexis-Nexis/StateNet
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| UT | Signed into law 04/2002 | P-12 | Modifies provisions regarding Public Education for students with disabilities by indicating that the education services are available to the end of the school semester during which the students turn 22, if the student has not graduated from high school with a regular diploma.
Title: S.B. 81
Source: Lexis-Nexis/StateNet
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| WI | Signed into law 04/2002 | P-12 | Changes the name of the Wisconsin School for the Deaf to the Wisconsin Educational Services Program for the Deaf and Hard of Hearing; specifies the duties of the Program; creates a deaf and hard of hearing council; requires the Legislative Audit Bureau to conduct a performance evaluation audit of the Program during the 2004-05 fiscal year.
Title: S.B. 176
Source: Lexis-Nexis/StateNet
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| ID | Signed into law 03/2002 | P-12 | SPECIAL EDUCATION-Amends existing law to revise eligibility requirements for special education services provided to adult correctional facility inmates who are between eighteen and twenty-one years of age.
Title: H.B. 398
Source: Idaho State Board of Education Web site
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| IN | Signed into law 03/2002 | P-12
Postsec. | Requires the Director of the Division of Special Education to coordinate an interagency task force to review services and funding sources available for children and young adults with disabilities and their families.
Title: S.B. 290
Source: Lexis-Nexis/StateNet
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| MN | Filed with Secretary of State. Chapter No. 03/2002 | P-12 | Relates to human services; modifies consent requirements for billing medical assistance and Minnesota Care for covered individual education plan services; modifies individualized family service plan definition; modifies certain mediation procedures; modifies revenue allocation provisions for special education; modifies coverage for special education services to include physical therapy and nursing services and health assessments.
Title: S.B. 2550
Source: Lexis-Nexis/StateNet
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| UT | Signed into law 03/2002 | P-12 | Eliminates certain requirements pertaining to the preparation and implementation of student education plans and student education/occupation plans.
Title: H.B. 262
Source: Lexis-Nexis/StateNet
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| VA | Signed into law 03/2002 | P-12 | Requires the Department of Medical Assistance Services to reimburse school divisions providing health-related services to special education students as participating providers in the Virginia Medicaid program for transportation services, on those days when the special education student is scheduled to receive health-related services at a site other than the school.
Title: S.B. 465
Source: Lexis-Nexis/StateNet
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| WA | Signed into law 03/2002 | P-12 | Requires a medication or treatment order as a condition for children with life-threatening conditions to attend public schools; defines medication or treatment order as the authority a registered nurse obtains; defines life threatening condition as a health condition that will put the child in danger of death during the schoold day if medication, treatment order and nursing plan are in place.
Title: H.B. 2834
Source: Lexis-Nexis/StateNet
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| CA | Signed into law 10/2001 | P-12 | Chapter No.736, Authorizes a school district, special education local plan area or county office of education to reinforce braille instruction using a braille instructional aide who meets certain criteria, under specific supervision. Deletes the provision that requires a publisher or manufacturer of instructional materials to provide computer diskette versions of printed material if made available to any other state. Requires certain versions of such material to be made available under certain conditions.
Title: A.B. 306
Source: Lexis-Nexis/StateNet
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| NY | Signed into law 10/2001 | P-12 | Requires every school district and board of cooperative educational services to develop a plan to ensure that all instructional materials to be used in the schools of the district are available in a usable alternative format for every disabled student; defines alternative format to include braille, large print, open and closed captioned, audio, or electronic file in an approved format.
Title: A.B. 7926
Source: Lexis-Nexis/StateNet
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| CA | Signed into law 08/2001 | P-12 | Chapter No.215. Deletes the prohibition against reimbursement by the State for special education and related services provided by a nonpublic, nonsectarian school by an individual who is or was an employee of a contracting local educational entity within the last 365 days, but would not delete the prohibition as it applies to nonpublic, nonsectarian agencies.
Title: A.B. 992
Source: Lexis-Nexis/StateNet
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| NJ | Signed into law 07/2001 | P-12 | Permits jointure commissions to provide services to school districts including, education of disabled pupils; states when 2 or more boards of education determine to carry out jointly the duties imposed upon them in regard to education and training of disabled pupils and counseling, inclusionary, and child study team services for disabled pupils, the board may, in accordance to rules of the state board and the commissioner establish a joint commission to provide such services.
Title: S.B. 986
Source: Lexis-Nexis/StateNet
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| OR | Signed into law 07/2001 | P-12 | Establishes a task force on special education and school finance; charges said task force with studying and delivery of financing of instruction for students with disabilities receiving special education and related services.
Title: H.B. 2598
Source: http://www.leg.state.or.us/01reg/measures/hb2500.dir/hb2598.en.html
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| IL | Signed into law 06/2001 | P-12 | Amends the School Code; provides that school social work services may include assisting in completing a functional behavioral assessment, as well as assisting in the development of positive behavioral intervention strategies; provides that other certified professionals may provide those school social work services for which they are appropriately trained in accordance with the State Board of Education's Content Area Standards for School Service Personnel.
Title: S.B. 116
Source: Lexis-Nexis/StateNet
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| NJ | Signed into law 06/2001 | P-12 | Provides that State funds to provide special education and related services to students enrolled in nonpublic schools may not be included by a school district in the calculation of the minimum funding requirements for nonpublic school students under the Individuals with Disabilities Education Act (IDEA), and that nonpublic school students must receive their proportionate share of Federal funds made available through IDEA.
Title: S.B. 2167
Source: Lexis-Nexis/StateNet
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| TN | Became law without governor's signature 06/2001 | P-12 | Relates to Congress; urges fully funding federal commitment to Individual with Disabilities Education Act (IDEA).
Title: S.J.R. 239
Source: Lexis-Nexis/StateNet
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| TN | Signed into law 06/2001 | P-12 | Limits age ranges of instructional groups to range to a maximum of 36 months for special education purposes; requires state board of education to set class size standards and case load standards for instructional personnel; severity of disability is to be a weighing factor.
Title: S.B. 733
Source: http://www.legislature.state.tn.us
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| FL | Signed into law 05/2001 | Postsec. | 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 obligations of program participants; provides for funding and payment; limits liability of the state; authorizes the State Board of Education to adopt rules.
Title: S.B. 1180
Source: Lexis-Nexis/StateNet
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| HI | Signed into law 05/2001 | P-12 | Appropriates $ 27,931,118 to the Department of Education as an emergency appropriation for special education costs as a result of the Felix consent decree. This was a result of the Felix v. Cayetano case.
Title: S.B. 1084
Source: Lexis-Nexis/StateNet
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| HI | Signed into law 05/2001 | P-12 | Makes an appropriation for teachers to teach blindness skills to individuals 55 and older with severe visual impairment or blindness.
Title: H.B. 429
Source: Lexis-Nexis/StateNet
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| KY | Signed into law 05/2001 | P-12 | Relates to exceptional children and youth; clarifies a change in educational placement occurs if, due to a suspension, an exceptional child is removed for more than 10 consecutive days during a school year or the child is subjected to a series of removals that constitute a pattern because of the number of days the child is being removed or other factors.
Title: S.B. 64
Source: Lexis-Nexis/StateNet
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| LA | Signed into law 05/2001 | P-12 | Provides procedural safeguards with respect to children with exceptionalities; to provide relative to procedures for hearings and appeals regarding the provision of special education and related services to such children; to provide certain time limitations for such hearings and appeals; and to provide for related matters.
Title: H.B. 489
Source: Lexis-Nexis/StateNet
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| ME | Signed into law 05/2001 | P-12 | Resolve No. 9., (LD 22) Provides for legislative review of the regulations of the Department of Education governing timeout rooms, therapeutic restraints and aversives in public schools and approved private schools.
Title: H.B. 22
Source: Lexis-Nexis/StateNet
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| MS | Signed into law 05/2001 | P-12 | Relates to the education of exceptional children; defines certain terms relating to the education of such children; requires the state to provide full educational opportunities to all children with disabilities from birth to 21 years of age by the year 2005; requires notice to parents when educational agencies contract for the assessment of a child; revises complaint procedures; provides for mediation and due process hearings; establishes the State Advisory Committee.
Title: S.B. 2633
Source: Lexis-Nexis/StateNet
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| MS | Signed into law 05/2001 | P-12 | Authorizes the State Board of Education to develop and issue criteria for an occupational diploma for students with disabilities.
Title: S.B. 2578
Source: Lexis-Nexis/StateNet
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| NE | Signed into law 05/2001 | P-12 | Section 37 of LB 797 allows Class I school districts to amend the general fund budget of expenditures after October 15th of each year for special education expenditures, special grant funds received or for current fiscal year expenditures that board deems essential that could not reasonably have been anticipated at the time the budget was adopted. These amendments can be done without the approval of the school boards of the high school districts or districts with which the Class I is affiliated. Approval of budget amendments is now required by the high school or affiliated district boards. This change may result in increased spending by a Class I school district, which may result in a minimal increase in state aid paid in the future (from Fiscal Note).
Title: LB 797
Source: Nebraska Legislative Web Site
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| TN | Signed into law 05/2001 | P-12 | Urges the President and the United states Congress to increase federal funds for special education to the share level authorized by the Individual with Disabilities Act.
Title: H.J.R. 151
Source: Lexis-Nexis/StateNet
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| TX | Became law without governor's signature 05/2001 | P-12 | Requires the commissioner to adopt procedures for the use of restraint and time-out by a school district employee or volunteer or an independent contractor of a district in the case of a student receiving special education services. Prohibits putting students in seclusion (a locked box, locked closet, or other specially designed locked space as either a discipline management practice or a behavior management technique).
Title: S.B. 1196
Source: http://www.house.state.tx.us/
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| TX | Signed into law 05/2001 | P-12 | Any disciplinary action regarding a student with disabilities that would constitute a change in placement under federal law may only occur after a manifestation determination review has been conducted by the student's admission, review, and dismissal committee. All disciplinary actions regarding a student with a
disability who receives special education services shall be determined in accordance with federal law and regulations, including the provision of functional behavioral assessments; positive behavioral interventions, strategies, and supports; behavioral intervention plans; and the manifestation determination review. A teacher in a disciplinary alternative education program who has a special education assignment must hold an appropriate certificate or permit for that assignment. Full text: http://www.ecs.org/html/offsite.asp?document=http://www.senate.state.tx.us/
Title: S.B. 1735
Source: http://www.senate.state.tx.us/
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| TX | Signed into law 05/2001 | P-12 | From bill analysis: The number of special education students included in the mainstream classroom has steadily increased over the last twenty-five years. Many teachers in the regular classroom have at least one special education student in their classes, yet many of those teachers receive little, if any, training on instructing children with disabilities. The requirements and regulations accompanying the individualized education and behavior management plans associated with these students can be complicated and difficult to implement. A teacher who is trained to understand effective methods of reaching disabled students will be more capable of serving both regular education and special education students in the classroom. S.B. 1727 requires a school district's staff development to include training that relates to instruction of students with disabilities and is designed for educators who work primarily outside of the area of special education.
Title: S.B. 1727
Source: Senate Research Center
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| VT | Signed into law 05/2001 | P-12 | Relates to special education services cost sharing; states the Commissioner of Education and the Secretary of Human Services shall present to the House and Senate committees on education and health and welfare a draft of an agreement to shift a portion of special education costs to the Agency of Human Services starting in 2003; states the agreement shall identify services paid for by school districts and those paid for by human services; provides for revision and presentation.
Title: H.B. 499
Source: Lexis-Nexis/StateNet
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| MD | Signed into law 04/2001 | P-12 | Alters the conditions under which a county board is not required to reimburse a parent or guardian for certain tuition or related costs for enrollment of a student with a disability in a nonpublic school; requires the parent of a child with a disability to give certain notice under certain circumstances; authorizes a hearing officer or court to require reimbursement in certain cases.
Title: H.B. 248
Source: Lexis-Nexis/StateNet
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| MN | Signed into law 04/2001 | P-12 | , Memorializes the President and Congress to carry through their pledge to fund 40 percent of special education costs.
Title: S.B. 647
Source: Lexis-Nexis/StateNet
| |
| MT | Signed into law 04/2001 | P-12 | Amends the definition of base aid to include a percentage of the special education allowable cost payment; amends definition of maximum general fund budget to increase the special education allowable cost payment component.
Title: S.B. 94
Source: Lexis-Nexis/StateNet
| |
| ND | Signed into law 04/2001 | P-12 | Relates to elementary and secondary education provisions addressed in the creation of North Dakota Century Code; relates to administration, boards, teacher licenses; school guidance and counseling services; special education; vocational and technology education; school finance; transportation.
Title: H.B. 1045
Source: Lexis-Nexis/StateNet
| |
| ND | Signed into law 04/2001 | P-12 | "Student with disabilities" means an individual who is at least three years of age but who
has not reached the age of twenty-one before September first of the year in which the
individual turns twenty-one and who because of mental, physical, emotional, or learning
characteristics requires regular or special education and related services designed to meet
the individual's educational needs. The term includes an individual mental retardation,
hearing impairment, deafness, deafness-blindness, a speech or language impairment, a
visual impairment, emotional disturbance, an orthopedic impairment, or autism, and an
individual who has a specific learning disability, a traumatic brain injury, or other health
impairment. The term does not include an individual who is at least eighteen but not yet
twenty-one years of age and incarcerated in an adult correction facility unless, in the
individual's last educational placement prior to incarceration, the individual was identified
as being a student with a disability and had an individualized education program or
services plan.
Title: H.B. 1142
Source: http://www.state.nd.us/lr
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| NM | Vetoed 04/2001 | P-12 | Senate Bill 432 amends the Public School Code as follows: Creates an Office of Medicaid in the Schools in the state department. Creates a Medicaid in the Schools Advisory Council. Transfers Personnel, budgets funds, appropriations, records, contracts, equipment and other property of the Human Services Department (HSD) used to administer the Medicaid in the Schools Program to the State department.
Title: S.B. 432
Source: New Mexico Legislative Web Site
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| OR | Signed into law 04/2001 | P-12 | Directs the Department of Education to bill resident school district for children who receive certain special education services.
Title: S.B. 264
Source: Lexis-Nexis/StateNet
| |
| AR | Signed into law 03/2001 | P-12 | Provides instructional materials to disabled students in a format that is compatible with commonly used braille translation and speech synthesis software.
Title: S.B. 537
Source: Lexis-Nexis/StateNet
| |
| AZ | Signed into law 03/2001 | P-12 | Relates to special education; permits adult disabled pupils to execute a delegation of rights regarding their education.
Title: H.B. 2379
Source: Lexis-Nexis/StateNet
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| MT | Signed into law 03/2001 | P-12 | Revises the special education funding formula to establish fixed limits for distribution of the state's total special education allocation; limiting distribution of the total allocation to 52.5 percent for instructional block grants, 25 percent for reimbursement of districts whose special education costs exceed the related services block grant plus the required district match, 17.5 percent to related services block grants, and 5 percent for special education cooperative and joint board administration and travel; eliminating the requirement to distribute to districts pro rata shares of available special education appropriations when total special education costs exceed legislative appropriations; amending sections 20-7-431 and 20-9-321, MCA; and providing an effective data and an applicability date.
Title: H.B. 160
Source: Lexis-Nexis/StateNet
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| OR | Signed into law 03/2001 | P-12 | Directs Department of Education to recover costs of certain special education programs from State School Fund.
Title: S.B. 253
Source: Lexis-Nexis/StateNet
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| SD | Signed into law 03/2001 | P-12 | Expands the uses of the Special Education Extraordinary Cost Fund.
Title: S.B. 60
Source: Lexis-Nexis/StateNet
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| SD | Signed into law 02/2001 | P-12 | Revises school district residency for the purposes of special education; revises the distribution of state aid to special education.
Title: S.B. 145
Source: Lexis-Nexis/StateNet
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| VA | Signed into law 02/2001 | P-12 | Relates to publication of procedure for changing special education placements. Directs the Board of Education to publicize and disseminate, to parents of students who are enrolled in special education programs or for whom a special education placement has been recommended, information regarding current federal law and regulation addressing procedures and rights related to the placement and withdrawal of children in special education. Pursuant to a second enactment, the Superintendent of Public Instruction must apprise local school boards of the provisions of this act by Superintendent's Administrative Memorandum no later than 30 days after its enactment.
Title: H.B. 1226
Source: http://senate.state.va.us
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| WY | Signed into law 02/2001 | P-12 | Relates to preschool education for children with disabilities; modifies the distribution of federal funds available to the state for preschool special education programs as specified.
Title: H.B. 23
Source: Lexis-Nexis/StateNet
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| NY | Vetoed 12/2000 | P-12 | Develops a plan to ensure that every student in a school district with a disability who needs instructional materials in alternative formats receives such materials at the same time that the materials are available in regular format to non-disabled students.
Title: S.B. 7884
Source: Lexis-Nexis/StateNet
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| CA | Vetoed 09/2000 | P-12
Postsec. | Requires instruction in braille to be provided to each pupil who is functionally blind unless the individualized education program team determines that braille instruction is not appropriate based upon the assessments.
Title: A.B. 609
Source: Lexis-Nexis/StateNet
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| CA | Signed into law 09/2000 | P-12 | Makes existing provisions which require the Commission on Teacher Credentialing to issue a 2-year services credential with a specialization in pupil personnel services applicable to a prelingual deaf person with a 2-year services credential with a specialization in pupil personnel services, solely for the purpose of counseling deaf and hearing-impaired pupils as a school psychologist.
Title: A.B. 707
Source: Lexis-Nexis/StateNet
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| 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
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| CA | Vetoed 09/2000 | P-12 | Requires the organization of Area Boards establish the Partners in Policymaking Program by July 15, 2001. The purpose of the program would be to provide information, resources, training, and education on the policymaking process to persons with developmental disabilities and their families.
Title: S.B. 1792
Source: Lexis-Nexis/StateNet
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| CA | Vetoed 09/2000 | P-12 | Requires the Superintendent of Public Instruction to develop, and the State Board of Education to adopt, performance goals for individuals with exceptional needs; requires individuals with exceptional needs to be included in general statewide and districtwide assessment programs, with appropriate accommodations when necessary.
Title: A.B. 1940
Source: Lexis-Nexis/StateNet
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| CA | Signed into law 08/2000 | P-12 | 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 June 15, 2001.
Title: S.B. 1549
Source: Lexis-Nexis/StateNet
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| NY | Signed into law 08/2000 | P-12 | Makes available to all elementary schools in the state suitable curriculum materials to aid in the instruction of pupils in the understanding and acceptance of children with disabilities.
Title: A.B. 3597
Source: Lexis-Nexis/StateNet
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| NY | Signed into law 08/2000 | P-12 | Makes provision with respect to providing appropriate educational services to students who are visually impaired including using instructional materials in literary and non-literary subjects such as computer science and mathematics which have been translated to standard English braille, makes provision with respect to the training of certain teachers in standard English braille.
Title: S.B. 4515
Source: Lexis-Nexis/StateNet
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| AZ | Approved by voters 07/2000 | P-12 | PROPOSITION 101 (HCR 2004) Revises the textual terminology in the State Constitution of Arizona, relating to voter qualification/disqualification; voting residency of federal employees and others; property tax exemption for the disabled; public school education of hearing- and visually-impaired children; composition of the State Militia; and institutions for the mentally and physically disabled.
Title: V. 2
Source: Lexis-Nexis/StateNet
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| CA | Signed into law 07/2000 | P-12 | Chapter No. 67; Authorizes foster family agencies, with jurisdiction over currently enrolled or former pupils, to access records of grades and transcripts, and individualized education plans maintained by school districts or private schools of those pupils.
Title: A.B. 2453
Source: Lexis-Nexis/StateNet
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| CA | Signed into law 07/2000 | P-12 | Chapter No. 88; Prohibits the denial of a petition for the establishment of a charter school based on the actual or potential costs of serving individuals with exceptional needs. Clarifies that this prohibition shall not be construed to prevent a school district from meeting its obligation to ensure that the proposed charter school will meet the needs of individuals with exceptional needs, nor shall it be construed to limit or alter the reasons for denying a petition, as specified.
Title: S.B. 1914
Source: Lexis-Nexis/StateNet
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| RI | Became law without GOVERNOR'S signature 07/2000 | Postsec. | Amends the composition of the Transition Council by adding a representative from one of the regional education collaboratives.Transition from school to self-sufficient adulthood for students with disabilities
Title: H.B. 7466
Source: Lexis-Nexis/StateNet
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| RI | Became law without GOVERNOR'S signature 07/2000 | P-12
Postsec. | Relates to education; pertains to children with disabilities; amends the composition of the Transition Council by adding a representative from one of the regional education collaboratives.
Title: S.B. 2389
Source: Lexis-Nexis/StateNet
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| FL | Signed into law 06/2000 | P-12 | , Relates to children; creates a Blind Babies Program; provides for early-intervention education for certain children who are blind or visually impaired and for their parents, families, and caregivers.
Title: S.B. 924
Source: Lexis-Nexis/StateNet
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| HI | Vetoed 06/2000 | P-12 | Establishes the Hawaii Autism Center of Excellence within the University of Hawaii.
Title: S.B. 2448
Source: Lexis-Nexis/StateNet
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| IL | Passed 06/2000 | P-12 | Directs the state board to refrain from implementing any new system for the certification of special education teachers until January 1, 2001.
Title: SJR 61
Source: NCREL Policy LINCLetter Spring II 2000
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| IL | Signed into law 06/2000 | P-12 | Public Act No. 91-784., Provides that the provision (Article of the School Code) requiring the assignment of a surrogate parent for educational matters does not apply to a child who resides with a foster parent; allows the surrogate parent to be assigned for educational matters if the child is a ward of the State residing in a residential facility; requires special education teachers to be categorically certified, so in order to teach a student with a specific disability the teacher must be certified.
Title: S.B. 1447
Source: Lexis-Nexis/StateNet
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| NY | Signed into law 06/2000 | P-12 | Authorizes medical assistance payments to certain clinics or diagnostic and treatment centers for services they render to preschool children with disabilities.
Title: S.B. 6735
Source: Lexis-Nexis/StateNet
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| TN | Signed into law 06/2000 | P-12 | Urges Department of Education to modify and revise portfolio assessment piloted for evaluating students with disabilities who do not participate in statewide assessment.
Title: H.J.R. 589
Source: Lexis-Nexis/StateNet
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| CO | Signed into law 05/2000 | P-12 | Provides that state funding of special education programs for children with disabilities be increased so that, by the 2005-06 fiscal year, the state will be funding not less than 80% of the total cost of providing such programs statewide. Makes legislative findings concerning the funding of such special education programs.
Title: S.B. 49
Source: Lexis-Nexis/StateNet
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| CT | Signed into law 05/2000 | P-12 | Establishes a Braille Literacy Advisory Council to review braille literacy and assess availability of services to school children, collect data on frequency with which an individualized education plan contains a recommendation or determination that an impaired child should not be taught braille and the reasons therefor, evaluate learning media assessments, develop a plan to attract qualified teachers, and assess methods to improve coordination of State and local education agencies.
Title: H.B. 5531
Source: Lexis-Nexis/StateNet
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| CT | Signed into law 05/2000 | P-12 | Expands responsibilities of surrogate parents appointed by Education Commissioner to represent children who may require special education in the absence of their real parents; monitors success; requires local school boards to notify said parents of discipline policies, suspensions and expulsions like regular parents; relates to disclosure of information in special education hearings; grants funds to local districts and magnet schools evenly; approves sheltered workshop training.
Title: H.B. 5316
Source: Lexis-Nexis/StateNet
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| ME | Signed into law 05/2000 | P-12 | Public Law No. 775, (LD 2690); Changes the governance system and the educational programs of the Governor Baxter School for the Deaf; amends the structure of the school board; relates to funding the programs authorized by the school; permits the school board greater budget flexibility; allows the school board to authorize and operate satellite school programs; establishes a limit on the number of students enrolled in the residential program at Mackworth Island.
Title: H.B. 1946
Source: Lexis-Nexis/StateNet
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| MI | Signed into law 05/2000 | P-12 | Public Act 129, Relates to special education; regards visually impaired pupils; provides for braille literacy provisions for visually impaired pupils; names section as "Blind Pupil's Braille Literacy Law"; provides definitions.
Title: S.B. 658
Source: Lexis-Nexis/StateNet
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