SB 42 Modifies provisions regarding early childhood special education
Sponsor: Days
LR Number: 00400L.02C Fiscal Note: 0400-02
Committee: Education
Last Action: 5/13/2005 - H Calendar S Bills for Third Reading w/HCS Journal Page:
Title: HCS SB 42 Calendar Position:
Effective Date: August 28, 2005
House Handler: Lampe

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Current Bill Summary


HCS/SB 42 - This act alters laws regarding special education services.

Current law expresses that school districts may coordinate with public, private, and private not-for-profit agencies for the delivery of efficient early childhood special education. This act changes the aforementioned "may" to "shall".

The act specifies that school districts providing early childhood special education shall continue services, at the parent's request, with Part C providers under the federal Individuals with Disabilities Act (IDEA) for the remainder of the school year when developing an individualized educational program (IEP) for a student, unless this would result in a cost which exceeds the district's costs of providing that same service. The act removes the current law provision which specifies that preference be given to the continuation of services with the student's provider unless the average per-student cost of the early childhood education in the district is exceeded.

Further, the act requires parents to notify a district six months prior to their child's third birthday in order to allow the district to plan for appropriate staffing needs, and the act requires school districts to give Part C providers an opportunity to adjust its charges so that they are less than the district's cost of providing that same service. The act requires that IEP teams consider an outside evaluation (if such is furnished by the parents) when determining initial eligibility for a child who is transitioning into Part B of IDEA.

DONALD THALHUBER