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Education of Students with Disabilities : Federal and State Laws: 50 State Survey of Special Education Laws & Regulations

Scope

This chart links to the implementing laws and regulations for each of the fifty states and the District of Columbia for the federal Individuals with Disabilities Education Act (IDEA). It does not cover the often separate laws governing the education of deaf and blind students. For further research on state laws, pleas refer to the next page of this guide entitled State Statutory & Administrative Codes on the Internet.

50 State Survey of Special Education Laws & Regulations

State

Laws

Regulations

Alabama

Education of Exceptional Children, General Provisions and Catastrophic Trust Fund for Special Education, Title 16, Article 39

Special Education Services, Chapter 290-8-9

Alaska

Identification of Children with Disabilities, Sec.14.30.274, Least Restrictive Environment, 276, IEP, 278, Transfers of Children with Disabilities, 285

Education for Children with Disabilities and Gifted Children, 4 AAC Chapter 52

Arizona

Special Education for Exceptional Children, Title 15, Ch.7, Art.4, Sec.761 et. seq.

Special Education, Title 7, Ch.2, Art.4

Arkansas

Special Education Programs - Children with Disabilities, Title 6, Subtitle 3, Ch.41

Title 005, Div.18, Go to Arkansas Administrative Rules, and search for Special Education

California

Education Code, Title 2 - Elementary and Secondary Education, scroll down to Division 4, Part 30 - Special Education Programs

    Title 5. Education Division 1. California Department of Education Chapter 3. Individuals with Exceptional Needs

Colorado

 

Title 22, Art. 20, Search for "Education of Exceptional Children"

 

Rules for the Administration of the Exceptional Children's Education Act, 1 CCR 301-8
 

Connecticut

Title 10, Chapter 164, Part V, Secs. 10-75 to 10-75k and 10-76.

Children Requiring Special Education, R.C.S.A. §§ 10-76a-1— 10-76l-1

Delaware

Title14, Part 1, Chapter 31, Subchapter 3, Children with Disabilities

Title 14, 900 Special Populations, 922-929, Children with Disabilities subparts A-I.

D.C.

Division 6, Title 38, Subtitle 7-Special Education

Title 5, Subtitle E, Chapter 5-E30: Special Education

Florida

 

Title XLVIII, Chapter 1003, Part V - Specialized Instruction for Certain Public K-12 Students

Title 6, Subtitle 6A, Chapter 6A-6: Special Programs 1, Rule nos. 6A-6.03011 through 6A-6.03018

Georgia

Ga. Code Sec. 20-2-152 - Special Education Services

Subject 160-4-7 Special Education

Hawaii

HRS § 302A-436 Departmental duty toward exceptional children

Title 8, Subtitle 2, Chapter 60 Provision of a Free Appropriate Public Education for a Student with a Disability

Idaho

Sec. 33-2002 Responsibility of School Districts for Education of Children with Disabilities

Agency 08, Title 2, Chapter 03 Rules Governing Thoroughness, scroll down to Sec. 109 Special Education

Illinois

Chapter 105, Act 5, Article 14, Children with Disabilities

TITLE 23, SUBTITLE A, CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER f: INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS
PART 226 SPECIAL EDUCATION

Indiana

Title 20, Article 35 Special Education

Title 511, Article 7 Special Education

Iowa

Title 7, Chapter 256B Special Education

Agency 281, Title 7, Chapter 41 Special Education

Kansas

Chapter 72 Schools, Article 34 Special Education

Agency 91 Kansas Department of Education, scroll down to Article 40

Kentucky

Sec. 157.195 Legislative Findings on Students' Rights to Quality Education, through 157.290

Title 707, Chapter 1, Exceptional and Handicapped Programs

Louisiana

R.S. Sec.17:1942 through 1947

Title 28, Education, scroll down to Title 28:XLIII, Bulletin 1706: Regulations for Implementation of the Children with Exceptionalities Act
 

Maine

Title 20-A, Chapter  303: CHILDREN WITH DISABILITIES

Rule Chapters for the Department of Education, scroll down to ch.101, Maine Unified Special Education Regulation Birth to Age Twenty

Maryland

 MD Educ Code Title 8, Subtitle 4, Equivalent Access for Students with Disabilities

State Board of Education, Title 13A, scroll down to subtitle 05, Special Instructional Programs

Massachusetts

Part 1, Title XII, Chapter 71B, Children with Special Needs

603 CMR 28.00: SPECIAL EDUCATION

Michigan

The Revised School Code, Chapter 380, Special Programs and Services, Art. 3, Parts 29-31

Superintendent of Instruction, Special Education Programs and Services R 340.1701 - R 340.1833

Minnesota

Chapter 125A. Special Education and Special Programs

Chapter 3525 Children with a Disability

Mississippi

Title 37, Chapter 23 - Exceptional Children

Title 7, Part 13 Testing Students with Disabilities, Part 34 State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004

Missouri

Chapter 161, State Department of Elementary and Secondary Education, several sections affect special education.

Rules of the Dept. of Elementary and Secondary Education, Division 20-Division of Learning Services, Chapter 300-Office of Special Education

Montana

Title 20, Chapter 7, Part 4. Special Education for Exceptional Children

Rule Chapter 10.16 : Special Education

Nebraska

Chapter 79, scroll down to the Special Education Act at sections 79-1110 through 79-1118

Title 92, Dept of Education, Chapter 51- Regulations and Standards for Special Education Programs

Nevada

Title 34, Chapter 388, System of Public Instruction, scroll down to PUPILS WITH DISABILITIES AND GIFTED AND TALENTED PUPILS, sections 388.440 through 388.5317

Chapter 388, System of Public Instruction, scroll down to sections 388.001 through 388.450

New Hampshire

Title XV, Chapter 186-C: Special Education

Chapter Ed 1100 Standards for the Education of Children with Disabilities

New Jersey

Title 18A Education, Chapter 46

Lexis - Free version of NJ Administrative Code, scroll to Title 6A Education, Chapter 14 Special Education

New Mexico

Chapter 22, Section 13 Courses of Instruction and School Programs, Sections 22-13-5, 22-13-6, 22-13-7, 22-13-8

Title 6, Chapter 31, Part 2 Children with Disabilities/ Gifted Children

New York

Education Code, Title 6, Article 89 Children with Handicapping Conditions

Title 8, Chapter II, Subchapter P Handicapped Children

North Carolina

Chapter 115C, Article 9  Education of Children with Disabilities, Sections 115C-106.1 - 112.9

Title 16, Chapter 6, Subchapter 6H Federal Programs

North Dakota

Chapter 15.1-32 Special Education

Article 67-23 Special Education

Ohio

Chapter 3323 Education of Children with Disabilities

Chapter 3301-51 Education of Students with Special Needs

Oklahoma

Title 70 Schools, scroll to 70-13-101 through 70-13-129

Title 210, Chapter 15, Subchapter 13 Special Education

Oregon

Chapter 343 Special Education and other Specialized Education Services

Department 581, Division 15 Special Education

Pennsylvania

24 P.S. § 13-1371 Definition of children with exceptionalities; reports; examination and 24 P.S. § 13-1372 Exceptional children; education and training

Title 22, Part 1, Subpart A, Chapter 14 Special Education Services and Programs

Rhode Island

Title 16, Chapter 16-24 Children with Disabilities

Board of Education Regulations Governing the Education of Children with Disabilities Title 200, Chapter 20, Subchapter 30

South Carolina

Title 59, Chapter 33 Special Education for Handicapped Children

43-243 Special Education, Education of Students with Disabilities

South Dakota

Title 13, Chapter 13-37 Special Assistance and Related Services

Article 24:05 Special Education

Tennessee

Title 49, Chapter 10

Rules of the State Board of Education, Chapter 0520-01-09 Special Education Programs and Services

Texas

EDUCATION CODE, TITLE 2. PUBLIC EDUCATION, SUBTITLE F. CURRICULUM, PROGRAMS, AND SERVICES, CHAPTER 29. EDUCATIONAL PROGRAMS, SUBCHAPTER A. SPECIAL EDUCATION PROGRAM

Title 19 Education, Part 2 Texas Education Agency, Chapter 89 Adaptations for Special Populations, Subchapter D Special Education Services and Settings and Subchapter AA Commissioner's Rules Concerning Special Education Services

Utah

Title 53E Chapter 7 Special Education 

Rule R277-750 Education Programs for Students with Disabilities

Vermont

Title 16, Chapter 101: Special Education

LexisNexis - Free version of Code of Vermont Rules, scroll to Agency 22 Department of Education, Sub-Agency 000. General, Chapter 006. Special Education Rules (2360-2369)

Virginia

Title 22.1, Chapter 13, Article 2 Special Education

Title 8, Agency 20 State Board of Education, Chapter 81 Regulations Governing Special Education Programs for Children with Disabilities in Virginia

Washington

Chapter 28A.155 Special Education

Chapter 392-172A Rules for the Provision of Special Education

West Virginia

Chapter 18, Article 20 Education of Exceptional Children

Title 126 Legislative Rule Board of Education, Series 16 Regulations for the Education of Students with Exceptionalities (2419)

Wisconsin

Chapter 115, scroll to Subchapter V Children with Disabilities, 115.758 through 115.90

Chapter PI 11 Children with Disabilities

Wyoming

LexisNexis Free Version - Wyoming Statutes, scroll to Title 21, Chapter 2, Article 5, Education of Children with Disabilities

Department of Education, Chapter 7 Services for Children with Disabilities