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S1293..........................................................by EDUCATION
DISABLED STUDENTS - Amends existing law to transfer educational rights
under the federal "Individuals with Disabilities Education Act" from the
parent or guardian of the disabled student to the student when he/she has
reached the age of majority, if the student is competent and able to
provide informed consent.
01/19 Senate intro - 1st rdg - to printing
01/20 Rpt prt - to Educ
01/28 Rpt out - rec d/p - to 2nd rdg
01/29 2nd rdg - to 3rd rdg
01/30 3rd rdg - PASSED - 31-0-4
AYES--Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Deide, Dunklin, Frasure, Geddes, Hansen, Ingram, Ipsen,
Keough, King, Lee, Noh, Parry, Richardson, Riggs, Risch, Sandy,
Schroeder, Sorensen, Stennett, Sweeney, Thorne, Twiggs, Wheeler,
Whitworth
NAYS--None
Absent and excused--Andreason, Darrington, Hawkins, McLaughlin
Floor Sponsor - Keough
Title apvd - to House
02/02 House intro - 1st rdg - to Educ
03/03 Rpt out - rec d/p - to 2nd rdg
03/04 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 65-0-5
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Crane, Crow, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner,
Gould, Hadley, Henbest, Hornbeck, Jaquet, Jones(9), Jones(22), Judd,
Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Linford,
Loertscher, Mader, Marley, McKague, Meyer, Miller, Mortensen,
Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison,
Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor, Tilman,
Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Clark, Cuddy, Geddes, Hansen, Jones(20)
Floor Sponsors - Black, Richman
Title apvd - to Senate
03/09 To enrol
03/10 Rpt enrol - Pres signed
03/10 Sp signed
03/11 To Governor
03/11 Governor signed
Session Law Chapter 24
Effective: 07/01/98
S1293|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1293 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO EDUCATION OF EXCEPTIONAL CHILDREN; AMENDING SECTION 33-2002, IDAHO 3 CODE, TO PROVIDE THAT A DISABLED STUDENT SHALL BE INFORMED OF THE RIGHTS 4 THAT WILL TRANSFER TO HIM FROM HIS PARENTS OR GUARDIAN UPON REACHING THE 5 AGE OF MAJORITY PURSUANT TO THE FEDERAL INDIVIDUALS WITH DISABILITIES EDU- 6 CATION ACT, TO PROVIDE WHEN SUCH RIGHTS WILL NOT BE TRANSFERRED TO THE 7 STUDENT AND TO MAKE TECHNICAL CHANGES. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 33-2002, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 33-2002. RESPONSIBILITY OF SCHOOL DISTRICTS FOR EDUCATION OF CHILDREN 12 WITH DISABILITIES. (1) Each public school district is responsi- 13 ble for and shall provide for the special education and related services of 14 children with disabilities enrolled therein. 15 (2) Every public school district in the state shall provide 16 instruction and training for persons between the ages of three (3) years and 17 twenty-one (21) years who are children with disabilities as defined in this 18 chapter and by the state board of education. The state board of education 19 shall through its department of education determine eligibility criteria for 20 children with disabilities, qualifications of special teachers and special 21 personnel, programs of instruction and minimum standards for classrooms and 22 equipment to be used in administering the provisions of this act. 23 (3) The child study team shall assess the importance and 24 necessity of teaching Braille to each child who is legally blind. Preference 25 shall be given to Braille. If the child study team determines that learning 26 Braille is important with respect to a particular child, the child shall be 27 given the opportunity to learn Braille. 28 (4) In accordance with the provisions of part B of the federal 29 individuals with disabilities education act (IDEA), a student with a disabil- 30 ity shall be informed by the school district or other public agency providing 31 education to the student, at least one (1) year before he reaches the age of 32 majority, that rights currently afforded to the parents or guardian of the 33 student pursuant to IDEA, will transfer to the student when he reaches the age 34 of majority. However, such rights shall remain with the parent or guardian 35 after the student reaches the age of majority if the student is determined to 36 be incompetent under Idaho law or if an individualized education program team 37 determines the student lacks the ability to provide informed consent with 38 respect to his educational program.
STATEMENT OF PURPOSE
Amendment to Idaho Code 33-2002 Relating to the rights of students with disabilities. Pursuant to the
Individuals with Disabilities Education Act (IDEA) Amendments of 1997, States have the option to
allow special-education rights (such as consent for evaluations) that would otherwise be afforded to
parents to transfer to the student when he or she reaches the age of majority (18 in Idaho). There is
agreement in Idaho among parents, educators, and individuals with disabilities that students with
disabilities should be empowered to make their own decisions in educational matters whenever
appropriate. This amendment would not allow rights to transfer to students who have been determined
incompetent or who lack the ability to make informed decisions.
FISCAL IMPACT
There is no fiscal impact.
Contact:Dr. Darrell K. Loosle
Chief Deputy Superintendent
State Department of Education
(208) 332-6810
S 1293