View Amendment Current Amendment: 6 to Bill 935

Senator HUTTO proposed the following amendment (935CBH2.3.23.22):

Amend the bill, as and if amended, page 5, Section 59-8-115, by adding an appropriately numbered subsection to read:

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( ) As part of the application, the Department of Education is required to provide parents with information regarding student rights under IDEA Part B. The information shall clear descriptions of the required services to students under IDEA Part B when attending a public school and a description of the services forfeited by a parent voluntarily placing the student in a private setting. Specifically, the notification shall include language regarding the assurances under IDEA Part B that all students with disabilities are to be ensured a free appropriate public education (FAPE) and that FAPE means special education and related services that (1) have been provided at public expense, under public supervision, and without charge; (2) meet the standards of the state educational agency, including the requirements of IDEA; (3) include an appropriate preschool, elementary school, or secondary school education in the state involved; and (4) are provided in conformity with an individualized education program (IEP). Further, the notice shall include information regarding the reduction in a school district's obligations to parentally placed private school children with disabilities and that under IDEA, a child with a disability who is parentally placed in a private school does not have a right to FAPE, or an individual right to receive some or all of the special education and related services that the child would be entitled to receive if enrolled in a public school.

A parent must sign, as part of the application, a notice indicating receipt of information and affirming that the parent is choosing to place the student in a private school and that child will be considered parentally placed for the purposes of services under IDEA pursuant to 1534 C.F.R. 300.130.

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