SCS/HB 539 - Currently, the definition of "severely handicapped children" includes handicapped children under the age of 21 who, because of the extent of the handicapping condition, are unable to benefit from or meaningfully participate in programs in the public schools for handicapped children. This act alters the aforementioned definition by striking the current provisions and instead inserts language so the definition only includes those children who meet the eligibility criteria for severely handicapped children as identified in state regulations that implement the individuals with disabilities education act. Also, the act requires the Department of Elementary and Secondary Education (DESE) to reimburse school districts for the educational costs of high-need children with an individualized education program exceeding three times the current expenditure per average daily attendance.
The act deletes two sections of current law that require the State Board of Education to provide special education services for all severely handicapped children residing in school districts if such school districts are unable to provide appropriate programs of special instruction for severely handicapped children.
Further, the act allows school districts to provide salary incentives or modifications, which may include but are not limited to credit for all prior years of service in another district, in order to attract and retain teachers. In order to offer such incentives, a district shall submit any proposed salary incentives or modifications for approval by DESE, which must either approve or reject the district's request within thirty days. The department shall base the decision on factors including, but not limited to, the district's demonstrated need to attract teachers certified in department-identified shortage areas or the district's demonstrated need to attract and retain teachers possessing the qualities, experience, or credentials that are exceptionally well suited to a district's needs for academic improvement. In exchange for such incentives, teachers may be required to teach in the district offering the incentive for a period of up to three school years.
DONALD THALHUBER