SCS/SB 249 - This act creates the Collaborative Special Services Agreement Act. The act allows a parent, guardian, student who has reached the age of majority, or a public school to initiate the request for an agreement that special education services or supplementary aids be provided by a privately contracted, appropriately state certified provider. The public school is prohibited from discouraging or prohibiting a parent, guardian, or student who has reached the age of majority to negotiate or consent to such an agreement. Costs related to the services or supplemental aids shall not be discussed as a part of the negotiation of such an agreement, and any contract for services or materials related to such agreements must be approved by the school board.
The terms of such an agreement may include provisions for partial or full enrollment of the student in the public school, and the services and supplementary aids the public school will provide. Such agreement may continue until the end of the student's annual Individualized Education Program (IEP)or Individualized Services Plan (ISP) cycle, and may be extended or modified with agreement from the parent, guardian, or student who has reached the age of majority, and the public school.
An agreement may be initiated when a student may not have advanced appropriately toward attaining the annual IEP goals, when the IEP or ISP accommodations or modifications have not been provided, or when special education and related services may not have been available from licensed or appropriately state certified personnel through the public school.
The education of students with disabilities shall, to the maximum extent appropriate, be with students who do not have disabilities, and shall attend regular class, except in the case of a disability resulting in violent behavior which causes substantial likelihood of injury to the students or others.
The public school must provide to parents, guardians, or students who have reached the age of majority information regarding where special education services, related services and supplementary aids may be obtained, the public school's criteria for such services, and the public school's criteria under which the services and supplementary aids are obtained.
This act is similar to HB 631 (2019), SB 1035 (2018) and HB 2705 (2018).
JOSIE BUTLER