15-761. Definitions In this article, unless the context otherwise requires: 1. " Autism" means a developmental disability that significantly affects verbal and nonverbal communication and social interaction and that adversely affects educational performance. Characteristics include irregularities and impairments in communication, engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily […]
15-761.01. Child with a disability; reclassification A child previously classified as a child with a disability as defined in section 15-761 shall not be removed from that classification unless the child is reevaluated pursuant to section 15-766 and the evaluation determines that the child no longer meets the definition of a child with a disability.
15-762. Division of special education The division of special education as provided in chapter 2, article 2 of this title shall carry out the provisions of this article subject to the superintendent of public instruction.
15-763. Plan for providing special education; definition A. All school districts and charter schools shall develop policies and procedures for providing special education to all children with disabilities within the district or charter school. All children with disabilities shall receive special education programming commensurate with their abilities and needs. Each child shall be ensured access […]
15-763.01. Surrogate parent; notification; appointment A. A petition for the appointment of a surrogate parent for a child with a disability shall be made to the department of education if any of the following conditions has been met: 1. A parent as defined in 34 Code of Federal Regulations section 300.30 cannot be identified. 2. […]
15-764. Powers and duties of the school district governing board or county school superintendent A. The governing board of each school district or the county school superintendent shall: 1. Provide special education and related services for all children with disabilities and make such programs and services available to all eligible children with disabilities who are […]
15-765. Special education in rehabilitation, corrective or other state and county supported institutions, facilities or homes A. For the purposes of this section and section 15-764, children with disabilities who are being provided with special education in rehabilitation, corrective or other state and county supported institutions or facilities are the responsibility of that institution or […]
15-766. Evaluation of child for placement in special education program; due process hearing procedures A. A special education referral shall be made under the direction of the chief administrative official of the school district or county, or such person officially designated as responsible for special education, after consultation with the parent or guardian. B. Before […]
15-767. Annual goals; notification In accordance with 20 United States Code section 1414, the parents of a child with a disability shall be notified regarding the progress that the child is making toward meeting the annual goals as provided in the child s individualized education program.
15-769. Appropriation and apportionment; approval of program A. Except as provided in this section, any pupil who is a child with a disability shall be included in the entitlement to state aid computed as provided in chapter 9, article 5 of this title and apportionment made as provided in section 15-973. B. A district may […]
15-771. Preschool programs for children with disabilities; definition A. Each school district shall make available an educational program for preschool children with disabilities who reside in the school district and who are not already receiving services that have been provided through the department of education. A charter school may choose to make available an educational […]
15-773. Transfer of parental rights at age of majority A. When a pupil with a disability reaches eighteen years of age, all rights previously accorded to the pupil’s parent under part B of the individuals with disabilities education act (20 United States Code sections 1400 through 1420) and all rights previously accorded to the pupil’s […]
15-774. Extraordinary special education needs fund; claim application; criteria; revisions; policies and procedures; annual report A. The extraordinary special education needs fund is established consisting of legislative appropriations, gifts, grants and donations. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The department […]
