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2004 SESSION

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HB 1047 Children with disabilities; special education services for those placed across jurisdictional lines.

Introduced by: Samuel A. Nixon, Jr. | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Financial and legal responsibility for special education services for certain individuals with disabilities placed across jurisdictional lines pursuant to the Comprehensive Services Act. Clarifies that, in any instance in which an individual who is 18 through 21 years of age, inclusive, who is eligible for funding from the state pool and is properly defined pursuant to state education law as a school-aged child with disabilities is placed by a local social services agency that has custody across jurisdictional lines in a group home in the Commonwealth and the individual's individualized education program (IEP), as prepared by the placing jurisdiction, indicates that a private day school placement is the appropriate educational program for such individual, the financial and legal responsibilities for the individual's special education services and IEP shall remain, in compliance with the provisions of federal law, Article 2 (§ 22.1-213 et seq.) of Chapter 13 of Title 22.1, and Board of Education regulations, the responsibility of the placing jurisdiction until the individual reaches the age of 21, inclusive, or is no longer eligible for special education services. The financial and legal responsibilities for such special education services shall remain with the placing jurisdiction, unless the placing jurisdiction has transitioned all appropriate services with the individual.

SUMMARY AS INTRODUCED:

Financial and legal responsibility for special education services for certain individuals with disabilities placed across jurisdictional lines pursuant to the Comprehensive Services Act. Claries that, in any instance that an individual who is eligible for funding from the state pool and is properly defined as a school-aged child with disabilities pursuant to state education law is placed by a local social services agency across jurisdictional lines in a private residential facility and the individual's individualized education program (IEP), as prepared by the placing jurisdiction, indicates that a private day school placement is the appropriate educational program for such individual, the financial and legal responsibility for the individual's special education services and IEP shall remain, in compliance with the provisions of federal law, Article 2 (§ 22.1-213) of Chapter 13 of Title 22.1, and Board of Education regulations, the responsibility of the placing jurisdiction until the individual reaches the age of 21, inclusive, or is no longer eligible for special education services. The financial and legal responsibility for such special education services will remain with the placing jurisdiction regardless of whether the social service agency that placed the individual across jurisdictional lines in a private residential facility is relieved of the legal and physical custody of the individual or whether the individual, who is legally an adult, has been placed in a waiver program administered and regulated by the Department of Medical Assistance Services.