TITLE 33

EDUCATION

CHAPTER 20

EDUCATION OF EXCEPTIONAL CHILDREN

33-2002.  Responsibility of school districts for education of children with disabilities. (1) Each public school district is responsible for and shall provide for the special education and related services of children with disabilities enrolled therein.

(2)  Every public school district in the state shall provide instruction and training for persons between the ages of three (3) years and twenty-one (21) years who are children with disabilities as defined in this chapter and by the state board of education. The state board of education shall through its department of education determine eligibility criteria for children with disabilities, qualifications of special teachers and special personnel, programs of instruction and minimum standards for classrooms and equipment to be used in administering the provisions of this act.

(3)  The child study team shall assess the importance and necessity of teaching Braille to each child who is legally blind. Preference shall be given to Braille. If the child study team determines that learning Braille is important with respect to a particular child, the child shall be given the opportunity to learn Braille.

(4)  In accordance with the provisions of part B of the federal individuals with disabilities education act (IDEA), a student with a disability shall be informed by the school district or other public agency providing education to the student, at least one (1) year before he reaches the age of majority, that rights currently afforded to the parents or guardian of the student pursuant to IDEA, will transfer to the student when he reaches the age of majority. However, such rights shall remain with the parent or guardian after the student reaches the age of majority if the student is determined to be incompetent under Idaho law or if an individualized education program team determines the student lacks the ability to provide informed consent with respect to his educational program.

History:

[(33-2002) 1963, ch. 13, sec. 183, p. 27; am. 1963, ch. 219, sec. 1, p. 628; am. 1965, ch. 228, sec. 1, p. 542; am. 1972, ch. 312, sec. 1, p. 774; am. 1974, ch. 10, sec. 11, p. 49; am. and redesignated 1991, ch. 323, sec. 4, p. 840; am. 1993, ch. 134, sec. 1, p. 330; am. 1998, ch. 24, sec. 1, p. 139.]