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S1292..........................................................by EDUCATION
DISABLED STUDENTS - CORRECTIONAL FACILITY - Adds to and amends existing law
to clarify education of adult students with a disability who are housed in
an adult correctional facility.
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 - 30-0-5
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
NAYS--None
Absent and excused--Andreason, Darrington, Hawkins, McLaughlin,
Whitworth
Floor Sponsor - Burtenshaw
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 - 63-0-7
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, Linford, Loertscher,
Mader, Marley, McKague, 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), Lake,
Meyer
Floor Sponsor - Boe
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 23
Effective: 07/01/98
S1292|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1292 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO EDUCATION OF EXCEPTIONAL CHILDREN; AMENDING SECTION 33-201, IDAHO 3 CODE, TO PROVIDE A CORRECT REFERENCE; AND AMENDING CHAPTER 20, TITLE 33, 4 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-2010, IDAHO CODE, TO PRO- 5 VIDE FOR EDUCATION OF DISABLED ADULT STUDENTS HOUSED IN ADULT CORRECTIONAL 6 FACILITIES. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 33-201, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 33-201. SCHOOL AGE. The services of the public schools of this state are 11 extended to any acceptable person of school age. "School age" is defined as 12 including all persons resident of the state, between the ages of five (5) and 13 twenty-one (21) years. For the purposes of this section, the age of five (5) 14 years shall be attained when the fifth anniversary of birth occurs on or 15 before the first day of September of the school year in which the child is to 16 enroll in kindergarten. For a child enrolling in the first grade, the age of 17 six (6) years must be reached on or before the first day of September of the 18 school year in which the child is to enroll. Any child of the age of five (5) 19 years who has completed a private or public out-of-state kindergarten for the 20 required four hundred fifty (450) hours but has not reached the "school age" 21 requirement in Idaho shall be allowed to enter the first grade. 22 For resident children with disabilities who qualify for special education 23 and related services underpublic law 94-142the federal 24 individuals with disabilities education act (IDEA) and subsequent 25 amendments thereto, and applicable state and federal regulations, "school age" 26 shall begin at the attainment of age three (3) and shall continue through the 27 semester of school in which the student attains the age of twenty-one (21) 28 years. 29 SECTION 2. That Chapter 20, Title 33, Idaho Code, be, and the same is 30 hereby amended by the addition thereto of a NEW SECTION , to be 31 known and designated as Section 33-2010, Idaho Code, and to read as follows: 32 33-2010. EDUCATION OF DISABLED ADULT STUDENTS HOUSED IN ADULT CORREC- 33 TIONAL FACILITIES. Any individual eighteen (18) years of age through the 34 semester of school in which the person attains the age of twenty-one (21) 35 years, who is incarcerated in an adult correctional facility shall not be 36 entitled to special education and related services unless such person was 37 identified as a child with a disability and had an individualized education 38 program under part B of the federal individuals with disabilities education 39 act (IDEA) in his last educational placement prior to incarceration.
STATEMENT OF PURPOSE
New Section Idaho Code 33-2010: Amendments to Idaho Code 33-201. Updates the title of the
federal special-education law. Amends school age to provide an exception specifying that 18-21
year-old inmates who are incarcerated in adult-correctional facilities are not entitled to special education
and related services unless they were eligible for and received special education prior to incarceration.The Individuals with Disabilities Education act (IDEA) requires States to make the full range of special
education and related services available to all eligible inmates through the semester in which they turn 21,
unless State statute provides for the exception proposed by this bill. General fund resources have not
been made available to provide the full range of services to all eligible inmates. Federal funds are
currently providing some special-education services but are insufficient to serve all eligible inmates. This
amendment is necessary to enable Idaho to be in compliance with the IDEA and to continue to receive
approximately $16 million in federal-education funds.FISCAL IMPACT
There will be no fiscal impact created by this bill. If this bill is not passed, the State would need to
identify approximately $200,000 to $300,000 in additional funds to provide special education
services to inmates. The cost of these services is likely to increase each year because the population
of 18-21 year-old inmates is growing very rapidly.Contact:Dr. Darrell K. Loosle