ECS
From the ECS State Policy Database
1994-2012

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

The following summary includes policies ECS has tracked in this database since 1994. This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. To view the documents, click on the blue triangle next to the topic of interest.

Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].

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
+ Special Education--Federal Law/Regulations
+ Special Education--Finance
+ Special Education--Inclusion (Mainstreaming)
- Special Education--Placement
CASigned into law 09/2012P-12From bill summary: Requires that, if a foster child's parent or guardian, or other person holding the right to make educational decisions for the pupil, makes the determination that it is in the best interests of the pupil to be placed in an educational program other than that operated by the local educational agency or the child's school of origin (unless child's IEP requires placement elsewhere), he/she must provide a
written statement to that effect to the local educational agency. Authorizes a local educational agency to provide a parent, guardian, or other person holding the right to make educational decisions for the foster child with specified information, including, among other things, that the pupil has the right to attend a regular public school in the least restrictive environment.

Specifies that a foster child with exceptional needs cannot be referred to, or placed in, a nonpublic, nonsectarian school unless the child's individualized education program specifies that the placement is appropriate. Specifies that the meeting that is required to take place to develop an individualized education program must be conducted pursuant to specified provisions.

Prohibits a licensed children's institution from referring or placing a pupil in a nonpublic, nonsectarian school. Prohibits a licensed children's institution from requiring that a child be identified as an individual with exceptional needs as a condition of admission or residency. http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0101-0150/sb_121_bill_20120926_chaptered.pdf
Title: S.B. 121
Source: www.leginfo.ca.gov

LAAdopted 09/2012P-12From Louisiana Register: Rule developed in response to Act 683 of the 2010 legislative session. The Act requires the state board to approve rules regarding the administration of special education due process hearings required under the Louisiana Education of Students with Exceptionalities Act. Act 683 requires the department of education to contract with the division of administrative law to conduct those hearings. Pages 70-71 of 153: http://www.doa.louisiana.gov/osr/reg/1209/1209.pdf
Title: LAC 28:XLIII.508, 511, 512, 513, 514, 516, 518, 532, 904, and 905
Source: www.doa.louisiana.gov

NYVetoed 07/2012P-12Requires that the determination of appropriate educational programs and placements for a student with a disability include, upon the parent's request, a determination of the child's ability to learn in any given educational environment. Requires that such determination take into account the possible educational impact that differences between the school environment and the home environment/family background may have on the child's ability to receive a free appropriate public education. Also requires a district to grant or deny a parent's request for tuition reimbursement within 90 days of receipt of request. If the district grants the request for tuition reimbursement, requires the reimbursement to be provided within 30 days from the date the request was granted. Also requires that upon written agreement that a unilateral parental placement was appropriate and that tuition reimbursement should be granted for such placement, the tuition reimbursement must continue until the committee on special education amends or modifies the child's individualized education program (IEP). Bill text: http://assembly.state.ny.us/leg/?default_fld=%0D%0A&bn=S07722&term=&Summary=Y&Memo=Y&Text=Y
Veto message accessible from http://public.leginfo.state.ny.us/menugetf.cgi (type in S7722 in blank field, hit "search", and select "Veto No. 130 of 2012" at upper right of screen you are taken to).
Title: S.B. 7722
Source: assembly.state.ny.us

HISigned into law 06/2011P-12Authorizes 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

TXSigned into law 06/2011P-12Repeals 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

COSigned into law 05/2011P-12Revises 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

TXAdopted 12/2010P-12Creates 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

OHAdopted 04/2010P-12Amends 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

ILSigned into law 08/2009P-12Amends 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

ORSigned into law 06/2009P-12Reduces responsibilities of education service districts for purpose of special education; allows a parent of a child with a disability to revoke, in writing, consent that allows a school district to evaluate or reevaluate the child or provide special education and related services to the child. Chapter 255
http://www.leg.state.or.us/09reg/measpdf/sb0001.dir/sb0072.en.pdf
Title: S.B. 72
Source: http://www.leg.state.or.us

MOSigned into law 05/2009P-12Revises laws relating to special education due process hearings; provides for a five-day notice for all special education due process hearings; provides that the responsible public agency must sign a written settlement agreement and a designee must be identified who may bind the school district.
http://www.house.mo.gov/content.aspx?info=/bills091/bills/hb289.htm
Title: H.B. 289
Source: http://www.house.mo.gov

ORSigned into law 05/2009P-12Limits teaching licenses that are valid for teaching alternative education programs; clarifies language regarding alternative education programs; declares emergency, effective July 1, 2009. Chapter 252
http://www.leg.state.or.us/09reg/measpdf/sb0100.dir/sb0122.en.pdf
Title: S.B. 122
Source: http://www.leg.state.or.us

NYAdopted 10/2008P-12Adds 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

ILSigned into law 08/2008P-12Amends 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

HISigned into law 06/2008P-12Extends 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:

OKSigned into law 05/2008P-12Relates 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

GAAdopted 02/2008P-12Clarifies rules regarding the providing of grants to local units of administration and facilities serving eligible children, which are children who are in custody of the Department of Juvenile Justice or the Department of Human Resources. http://www.doe.k12.ga.us/_documents/doe/legalservices/160-5-2-.06.pdf
Title: GAC 160-5-2-.06
Source: Lexis-Nexis/StateNet

NJSigned into law 01/2008P-12Places 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

NYSigned into law 08/2007P-12From bill analysis: Provides that, in an impartial hearing concerning services provided to students with disabilities, the burden of proof must be on the district or state agency and not on the student's parent, except that a parent seeking unilateral tuition reimbursement for a unilateral parental placement has the burden of proof on the appropriateness of such placement. http://assembly.state.ny.us/leg/?bn=A05396&sh=t
Title: A.B. 5396
Source: assembly.state.ny.us

MNSigned into law 05/2007P-12Establishes 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

ARSigned into law 04/2007P-12Sections 34 and 39 amend provisions of the Children with Disabilities Act to update law concerning the state's responsibility for ensuring that programs and funding for children with disabilities who are referred to or place in private schools and facilities by a state agency meet the educational standards of the State Board of Education and the requirements of the federal Individuals with Disabilities Education Act. (Act No. 1573)
http://www.arkleg.state.ar.us/ftproot/bills/2007/public/SB274.pdf
Title: S.B. 274 (Special Education)
Source: http://www.arkleg.state.ar.us

ILSigned into law 02/2007P-12Amends 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

CTSigned into law 05/2006P-12Concerns 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

GAAdopted 04/2006P-12Clarifies rules regarding the Early Intervention Program for students in grades K-5 http://public.doe.k12.ga.us/_documents/doe/legalservices/160-4-2-.17.pdf, hearing processes http://public.doe.k12.ga.us/_documents/doe/legalservices/160-4-7-.18.pdf and student transportation funding surveys http://public.doe.k12.ga.us/_documents/doe/legalservices/160-5-3-.10.pdf.
Title: GAC 160-4-2-.17; -7-.18; -5-3-.10
Source: public.doe.k12.ga.us

ILSigned into law 07/2005P-12In 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

FLVetoed 05/2005P-12Defines 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

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

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

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

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

CASigned into law 10/2003P-12Relates 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

CASigned into law 09/2003P-12Extends 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

MESigned into law 06/2003P-12Includes "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

MDRule Adoption 05/2003P-12Ensures 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

MSSigned into law 03/2003P-12Relates 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

MTSigned into law 03/2003P-12Authorizes 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

CAVetoed 09/2002P-12Requires 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

CASigned into law 09/2002P-12Requires 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

MDSigned into law 05/2002P-12Defines "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

MOSigned into law 05/2002P-12Specifies 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

FLSigned into law 05/2001Postsec.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

CAVetoed 09/2000P-12Permits a referral for assessments to identify an individual with exceptional needs, to be made by a guardian, foster parent, pupil advocate, or designated adult representative of an individual, a person acting in the place of a parent, or a person legally responsible for the child's welfare.
Title: A.B. 2392
Source: Lexis-Nexis/StateNet

CAVetoed 09/2000P-12Authorizes a county, upon the adoption of a resolution by its board of supervisors and upon approval of the presiding judge of the superior court, to require court appointed special advocates, probation officers, and social workers, as applicable, to take specified actions to ensure that specified children receive any special education and related services and any accommodations for the disabled, as applicable, to which they are entitled under state and federal law.
Title: A.B. 2375
Source: Lexis-Nexis/StateNet

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

CASigned into law 06/2000P-12Requires appointment of qualified medical evaluators for the evaluation of medical-legal issues. Clarifies who is a physician for purposes of appointment or reappointment as an evaluator. Revises the qualifications for the appointment and reappointment of medical evaluators, including, among other changes, a requirement that appointees complete a course approved by the Industrial Medical Council of 12 or more hours on disability evaluation report writing.
Title: A.B. 776
Source: Lexis-Nexis/StateNet

MNSigned by governor 05/2000P-12Creates an exception to a provision in MS 125A.15 which generally makes the nonresident district in which the child is placed responsible for providing an appropriate education and necessary transportation to a disabled child who is temporarily placed in a residential program for care and treatment. This exception allows a privately owned and operated residential facility to enter into a contract with a joint powers entity for appropriate educational programs and services for children with disabilities. Makes the entity with which the private facility contracts, and not the district in which the facility is located, the district responsible for providing the disabled student placed in the facility with an appropriate educational program. If the privately owned and operated residential facility does not enter into a contract under this exception, the nonresident district in which the facility is located is responsible.
Title: H.B. 3800
Source: MN Department of Children, Families and Learning

GASigned into law 03/2000P-12Relates to elementary and secondary education; changes certain provisions regarding special instructional assistance programs for students with developmental deficiencies; provides for the application of mandatory education requirements to children between ages seven and 16 apply who are assigned to alternative public school programs and to the parents, guardians, or other persons having control or charge of such children.
Title: H.B. 114
Source: Lexis-Nexis/StateNet

SDSigned into law 03/2000P-12The legislation deals with the transfer of a special education student from a resident district to a nonresident district. Under previous law the resident district was held responsible for the students education, under the new law the nonresident district becomes responsible for the students education.
Title: H.B. 1058
Source: Lexis-Nexis/StateNet

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

MDSigned into law 05/1999P-12Establishes that disabled applicants may use a Delegate Scholarship at Out-of -State institutions that make special provisions which are not available at in-state institutions for disabled students.
Title: H.B. 1155
Source: Lexis-Nexis/StateNet

MNSigned into law 05/1999P-12To suspend a student with a disability, the student's individual education plan team must meet immediately but not more than ten school days after the date on which the decision to remove the student from the student's current education placement is made. The team must conduct a review of the relationship between the child's disability and the behavior subject to disciplinary action; and determine the appropriateness of the child's education plan. Applies if (1) parent requests a meeting; (2) student is removed for 5 or more consecutive days; or (3) days of removal from placement exceed ten cumulative days in a school year. To expel or exclude a pupil with a disability, must review the student's individual education plan and conduct a review of the relationship between the disability and behavior to determine the appropriateness of the education plan before commencing the expulsion or exclusion. Changes ages of service from age 3 to age 22 to 3 to age 21. Describes due process/dispute resolution process for parent complaints that include any state, county, or city government agencies responsible for providing services to students with disabilities.
Title: S.B. 296/H.B. 483
Source: Lexis-Nexis/StateNet

NCSigned into law 05/1999P-12Provides for State funding to serve students receiving local school services under an individual education plan from another state while a determination is being made as to the student's eligibility as a child with special needs; directs the State Board of Education to study the issue of school transportation for children with special needs and report to the Joint Legislative Oversight Committee.
Title: S.B. 1075
Source: Lexis-Nexis/StateNet

NESigned into law 05/1999P-12Act relating to schools; amends numerous sections, including 79-118.01. Adds "developmentally delayed" to definition of disability. 79-118.01 (6) is amended to include the following: Developmental delay means either a significant delay in function in one or more of the following areas: (A) cognitive development; (B) physical development; (C) communication development; (D) social or emotional development; or (E) adaptive behavior or skills development, or a diagnosed physical or mental condition that has a high probability of resulting in a substantial delay in function in one or more of such areas.
Title: L.B. 813
Source: Lexis-Nexis/StateNt

ARSigned into law 04/1999P-12Provides individualized health care plans for students with special health care needs.
Title: S.B. 856
Source: Lexis-Nexis/StateNet

MSSigned into law 04/1999P-12Relates to the education of exceptional children; establishes state performance goals for children with disabilities; provides definitions; provides eligibility standards; provides for mediation; provides complaint procedures.
Title: S.B. 2506
Source: Lexis-Nexis/StateNet

ARSigned into law 03/1999P-12Requests the Senate Interim Committee on Education and the House Interim Committee on Education to conduct a study on the impact of changes in the requirements regarding the assessment of disabled students.
Title: S.C.R. 7
Source: Lexis-Nexis/StateNet

MSSigned into law 03/1999P-12Requires the state department of education to adopt pilot programs for the testing of dyslexia in the public schools; extends the repealer on the dyslexia testing pilot programs.
Title: H.B. 539
Source: Lexis-Nexis/StateNet

NJSigned into law 03/1999P-12Provides that the district of residence for student placed in a skill development home shall be the parent's district of residence.
Title: S.B. 1060
Source: Lexis-Nexis/StateNet

VASigned into law 03/1999P-12Directs the School for the Deaf and Blind at Staunton to provide and educational program for children in preschool through grade 12 who have visual and hearing disabilities and who are identified as emotionally disturbed pursuant Board of education regulations.
Title: S.B. 1305
Source: Lexis-Nexis/StateNet

TXSigned into law 01/1999P-12Relates to transfer of assistive technology devices for students with disabilities who leave certain school districts.
Title: H.B. 633
Source: Lexis-Nexis/StateNet

DESigned into law 07/1998P-12Reduces class sizes in core academic subjects; increases teaching fund to local school districts; requires the Department of Education to submit revised regulations regarding the procedures and definitions used to determine whether students are classified as learning disabled, emotionally mentally handicapped, or seriously emotionally disturbed.
Title: H.B. 758
Source: Lexis-Nexis/StateNet

NHSigned into law 06/1998P-12Relates to the delivery of special education services; excludes children ages 18-21 in adult correctional facility not identified as a child with a disability prior to their incarceration; revises procedure for appointing surrogate parent; requires Department of Education to establish committee to review parental consent requirements and structure of state's due process hearing system; requires that sending districts be notified of court-ordered placements.
Title: H.B. 1597
Source: Information for Public Affairs, Inc.

TNSigned into law 04/1998P-12Increases and reorganizes membership of special education advisory council; redefines "child with disabilities".
Title: S.B. 3092
Source: Lexis-Nexis/StateNet

NHSigned into law 06/1997P-12Includes blindness in the definition of "educationally disabled child" and repeals provisions which prevent attorneys from acting as neutrals in special education dispute resolution.
Title: H.B. 501
Source: Lexis-Nexis

HIDied 02/1997P-12Ensures that the Board of Education provides for the testing of students for specific learning disorders including dyslexia and provides remediation for students determined to have those learning disorders.
Title: H.B. 1909 Testing for Learning Disorder
Source: Lexis-Nexis/StateNet

MDSigned into law 04/1996P-12(Effective: 04/30/96) Alters certain procedures for review of educational decisions of students with disabilities; establishes a system for mediation of disputes concerning educational placement of students with disabilities; eliminates the initial local level tier of review; authorizes an appeal of a decision of the Office of Administrative Hearings.
Title: H.B. 159 Mediation for Placement of Students with Disabilities
Source: Lexis-Nexis/StateNet

COSigned into law 03/1996P-12(Effective: 03/18/96) Requires the staffing committee that prepares an individual educational program for a deaf child to consider the child's specific communication needs, including the child's mode of communication, the availability of peers with whom the child can communicate, and the availability of appropriate educational services. Clarifies that a school district is not required to expend additional resources or hire additional personnel to implement these requirements.
Title: H.B. 1041 Education of Deaf Children
Source: Lexis-Nexis/StateNet

IASigned into law 06/1994P-12This Act requires school districts and area education agency boards to assist nonpublic school students with physical disabilities with their physical and communication needs and to provide students with the services of an educational interpreter, and permits the assistance to be given on nonpublic school premises. Students in need of such assistance are to be weighted to cover the increased costs to the school districts and area education agencies. (Legislative Summary 1994)
Title: HF 2155 Public School Services to Children in Nonpublic Schools
Source: Legislative Service Bureau

+ Special Education--Transition
+ Special Populations--Corrections Education
+ Special Populations--Foster Care
+ Special Populations--Gifted and Talented
+ Special Populations--Homeless Education
+ Special Populations--Immigrant Education
+ Special Populations--Migrant Education
+ Special Populations--Military
+ Standards
+ Standards--Common Core State Standards
+ Standards--Implementation
+ State Comparisons/Statistics
+ State Longitudinal Data Systems
+ State Policymaking
+ State Policymaking--Ballot Questions
+ State Policymaking--Constitutional Clauses
+ State Policymaking--Politics
+ State Policymaking--Task Forces/Commissions
+ STEM
+ Student Achievement
+ Student Achievement--Closing the Achievement Gap
+ Student Achievement--State Trends
+ Student Supports
+ Student Supports--Counseling/Guidance
+ Student Supports--Mentoring/Tutoring
+ Student Supports--Remediation
+ Student Surveys
+ Students
+ Students--Athletics/Extracurricular Activities
+ Students--Employment
+ Students--Incentives
+ Students--K-12 Exchange Students
+ Students--Mobility
+ Students--Records/Rights
+ Teaching Quality
+ Teaching Quality--Certification and Licensure
+ Teaching Quality--Certification and Licensure--Alternative
+ Teaching Quality--Certification and Licensure--Assignment
+ Teaching Quality--Certification and Licensure--Highly Qualified Teachers
+ Teaching Quality--Certification and Licensure--Natl. Bd. for Prof. Teach. Stds.
+ Teaching Quality--Certification and Licensure--Special Education
+ Teaching Quality--Certification and Licensure--State Prof. Standards Bds.
+ Teaching Quality--Certification and Licensure--Substitute Teachers
+ Teaching Quality--Compensation and Diversified Pay
+ Teaching Quality--Compensation and Diversified Pay--Pay-for-Performance
+ Teaching Quality--Compensation and Diversified Pay--Retirement/Benefits
+ Teaching Quality--Evaluation and Effectiveness
+ Teaching Quality--Induction Programs and Mentoring
+ Teaching Quality--Paraprofessionals
+ Teaching Quality--Preparation
+ Teaching Quality--Professional Development
+ Teaching Quality--Recruitment and Retention
+ Teaching Quality--Recruitment and Retention--At-Risk Schools
+ Teaching Quality--Recruitment and Retention--High-Needs Subjects
+ Teaching Quality--Reduction in Force
+ Teaching Quality--Teacher Attitudes
+ Teaching Quality--Teacher Contracts (Not Tenure)
+ Teaching Quality--Teacher Rights
+ Teaching Quality--Tenure or Continuing Contract
+ Teaching Quality--Unions/Collective Bargaining
+ Teaching Quality--Unions/Collective Bargaining--Strikes
+ Teaching Quality--Working Conditions
+ Technology
+ Technology--Computer Skills
+ Technology--Devices/Software/Hardware
+ Technology--Equitable Access
+ Technology--Funding Issues
+ Technology--Internet Safety
+ Technology--Research/Evaluation
+ Technology--Teacher/Faculty Training
+ Textbooks and Open Source
+ Urban
+ Urban--Change/Improvements
+ Urban--Governance
+ Whole-School Reform Models
+ Whole Child