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H0398........................................................by MR. SPEAKER
Requested by: Board of Education
INMATES - EDUCATION - Amends existing law to revise eligibility
requirements for special education services provided to adult correctional
facility inmates who are between eighteen and twenty-one years of age.
01/07 House intro - 1st rdg - to printing
Rpt prt - to Educ
02/05 Rpt out - rec d/p - to 2nd rdg
02/06 2nd rdg - to 3rd rdg
02/11 3rd rdg - PASSED - 69-0-1
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge,
Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood,
Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz,
Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer,
Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould,
Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33),
Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood,
Young, Mr. Speaker
NAYS -- None
Absent and excused -- Ridinger
Floor Sponsor - Jones
Title apvd - to Senate
02/12 Senate intro - 1st rdg - to Educ
02/21 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/28 3rd rdg - PASSED - 30-0-5
AYES -- Andreason, Boatright, Brandt, Bunderson, Burtenshaw, Cameron,
Darrington, Davis, Deide, Dunklin, Goedde, Hawkins, Hill, Ingram,
Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson,
Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Wheeler, Williams
NAYS -- None
Absent and excused -- Branch(Bartlett), Frasure, Geddes, Stennett,
Thorne
Floor Sponsor - Andreason
Title apvd - to House
03/01 To enrol
03/04 Rpt enrol - Sp signed
03/05 Pres signed
03/06 To Governor
03/11 Governor signed
Session Law Chapter 70
Effective: 03/11/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 398 BY MR. SPEAKER Requested by: Board of Education 1 AN ACT 2 RELATING TO EDUCATION OF DISABLED ADULT STUDENTS HOUSED IN ADULT CORRECTIONAL 3 FACILITIES; AMENDING SECTION 33-2010, IDAHO CODE, TO REVISE ELIGIBILITY 4 REQUIREMENTS FOR SPECIAL EDUCATION SERVICES PROVIDED TO INMATES, OF ADULT 5 CORRECTIONAL FACILITIES, WHO ARE BETWEEN EIGHTEEN AND TWENTY-ONE YEARS OF 6 AGE; AND DECLARING AN EMERGENCY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 33-2010, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 33-2010. EDUCATION OF DISABLED ADULT STUDENTS HOUSED IN ADULT CORREC- 11 TIONAL FACILITIES. Any individual eighteen (18) years of age through the 12 semester of school in which the person attains the age of twenty-one (21) 13 years, who is incarcerated in an adult correctional facility shall not be 14 entitled to special education and related services unless such person was 15 identified as a child with a disabilityandor had an individualized education 16 program under part B of the federal individuals with disabilities education 17 act (IDEA) in his last educational placement prior to incarceration. 18 SECTION 2. An emergency existing therefor, which emergency is hereby 19 declared to exist, this act shall be in full force and effect on and after its 20 passage and approval.
STATEMENT OF PURPOSE
RS 11459C1
Following a review of Idaho codes related to students with
disabilities from the U.S. Department of Education, Office of Special
Education Programs (OSEP), it was determined that use of the word
"and" was inconsistent with federal rule 34CFR 300.122(a)(2). As a
condition for receiving federal funding for students with disabilities,
OSEP requires that Idaho change the word "and" to "or", as noted in
the proposed change, to be consistent with federal rules. In order to
ensure a free appropriate public education to a student with a
disability incarcerated in an adult correction facility, the student,
in his or her last education placement prior to incarceration, had an
IEP or had been identified as a student with a disability. Use of
the word "and" in Idaho code was more restrictive in terms of
eligibility for special education services in adult correctional
facilities.
FISCAL IMPACT
None.
CONTACT
Name: Jana Jones
Agency: Office of the State Board of Education
Phone: 332-6910
Statement of Purpose/Fiscal Impact H0398