Relating to special education, including by requiring accredited nonpublic schools to provide special education services to students enrolled in the school who require such services and modifying the responsibilities of area education agencies, and including effective date provisions

This bill relates to special education, including by requiring accredited nonpublic schools to provide special education services to students enrolled in the school who require such services and by modifying the responsibilities of area education agencies. Current law requires school districts and area education agencies to make special education programs and services available to children attending nonpublic schools and requires the director of the department of education to report to the school budget review committee the average cost of providing such special education programs and services. The bill strikes these provisions.11, which request to receive such services. The bill strikes this provision. The bill requires the authorities in charge of each accredited nonpublic school to: identify and evaluate each student who is enrolled in the school to determine if the student requires special education; make adequate educational provisions for each student enrolled in the school who requires special education that is appropriate to the nature and severity of the student’s disability; employ, or retain the services of, appropriately licensed special education teachers, therapists, guidance counselors, and related service providers to provide special education services to each student enrolled in the school who requires special education; develop and implement a written plan for each student enrolled in the school who requires special education that is substantially similar to an individualized education program; maintain documentation and submit reports to the department of education; and assume all costs associated with all of these activities. The bill prohibits the authorities in charge of an accredited nonpublic school from accessing or utilizing special education services or staffing provided by an area education agency for purposes of carrying out the activities of the school that are required under the bill’s provisions. In addition, the authorities in charge of an accredited nonpublic school are prohibited from accessing any state or area education agency funding for purposes of carrying out the activities of the school that are required under the bill’s provisions. The bill requires the state board of education to ensure accredited nonpublic schools comply with the bill’s provisions, and with all applicable federal laws related to special education, by overseeing and monitoring the activities of schools that are required under the bill’s provisions and by providing technical assistance to such schools. The state board of education is required to adopt rules to administer the bill’s provisions, including rules related to recordkeeping, documentation, and reporting requirements; compliance monitoring; and accreditation standards concerning the delivery of special education services. The bill authorizes the state board of education to adopt rules that establish procedures allowing accredited nonpublic schools to directly access moneys available under the federal Individuals with Disabilities Education Act, consistent with federal law and guidance issued by the United States department of education. The bill does not limit the ability of a child to access a free appropriate public education directly from a school district, as required under the federal Individuals with Disabilities Education Act. The bill defines “special education” to mean the same as defined in the federal Individuals with Disabilities Education Act, which states that the term means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and instruction in physical education.