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72-3413. State institutions required to provide special education and related services; standards and criteria; contracts authorized; correctional institutions, certain exemptions. (a) Except as otherwise provided in subsection (b), every state institution shall provide special education and related services for exceptional children housed and maintained in the state institution and such services shall meet standards and criteria set by the state board and shall be subject to approval by the state board. State institutions may contract with local school districts and other appropriate agencies or individuals for special education or related services. Prior to the time any state institution enters into a contract for special education or related services, the services to be provided shall be approved by the state board.

(b) In providing special education or related services to incarcerated children with disabilities, a correctional institution shall be exempt from the requirements of this act to the extent authorized by the federal law.

History: L. 1974, ch. 290, § 11; L. 1975, ch. 365, § 2; L. 1977, ch. 240, § 2; L. 1999, ch. 116, § 15; July 1.

Source or Prior Law:

72-970.

Law Review and Bar Journal References:

"Students, discipline and disabilities," Carol Hall and Jonathan Paretsky, 68 J.K.B.A. No. 6, 44 (1999).

Attorney General's Opinions:

Special education; state institutions required to provide services. 85-116.

Obligation of providing special education services; contract between U.S.D. in which child is living in institution or facility and U.S.D. of child's residence directory. 97-60.


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