BILL NUMBER: S7866A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act providing that a student enrolled in an individualized education
program during certain school years may continue to receive educational
services until the student completes the services pursuant to the indi-
vidualized education program or turns twenty-three years old, whichever
is sooner; and to provide for the repeal of such provisions upon the
expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that those students with disabilities who "age out" during the
2021-22 school year receive instruction and other services required by
their individual education programs to compensate for the ongoing nega-
tive impacts of Covid-19, including remote instruction and inability to
provide transition services.

 
SUMMARY OF PROVISIONS:

              

Section 1 of the bill provides that, notwithstanding any provision of
law, rule or regulation to the contrary, a school district may provide
educational services in the 2022-23 and 2023-24 school years to a
student who turned twenty-one years old during the 2021-2022 school year
and was enrolled in the school district and receiving special education
services pursuant to an individualized education program. Such student
may continue to receive such educational services until the student
completes the services pursuant to the individualized education program
or turns twenty-three years of age, whichever is sooner.

Section 2 is the effective date.

 
DIFFERENCE BETWEEN THE ORGINAL AND AMENDED VERISON:

To make technical corrections to the bill.

 
JUSTIFICATION:

The ongoing impacts of remote learning and lack of vital programs and
services needed for students to complete their individual education
program (IEP) including transition planning for students with disabili-
ties, continue to seriously impact their readiness and ability to tran-
sition from their current school programs. This legislation makes clear,
that school districts may continue to provide special educational
services to students who turn 21 years old in the 2021-2022 school year
and were enrolled in the school district, pursuant to their IEP.

This will help ensure that those students who did not receive the
services provided for in their IEP, including transition services, due
the impacts during COVID-19 receive these services.

 
PRIOR LEGISLATIVE HISTORY:

New bill. However, the Legislature passed, and the Governor signed bill
A.8021/S.7192 enacted on June 29, 2021 to provide these services to
students who turned 21 during the 2019-20 and 2020-21 school years
through the 2022-23 school year.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed June 30, 2024.