Printable Format72-3405. Administration by state board; rules and regulations; state plan; participation in pilot programs. (a) The state board shall adopt and administer the state plan. The state board may amend the state plan as necessary. The state plan, and amendments thereto, shall be prepared in consultation with the state advisory council for special education provided for in this act.
(b) The state board may adopt rules and regulations for administration of this act and shall adopt rules and regulations necessary to comply with the federal law and to implement the provisions of this act. Any rules and regulations in effect on July 1, 2005, that conflict with federal law or this act are suspended until amended or revoked by the state board.
(c) The state board may apply to participate in any pilot program authorized by the federal law and, if approved, may participate in any such program.
History: L. 1974, ch. 290, § 3; L. 1975, ch. 428, § 3; L. 1982, ch. 291, § 1; L. 1999, ch. 116, § 3; L. 2005, ch. 171, § 2; July 1.
Source or Prior Law:
72-963.
Attorney General's Opinions:
Outcomes-based accountability system; legislative powers; constitutionality. 90-30.
CASE ANNOTATIONS
1. No class-wide violation hereof shown; certification denied. Akers v. Bolton, 531 F. Supp. 300, 314 (1981).
2. Requirement that exceptional children are entitled to special education benefits does not specify particular level of services. Logue v. Shawnee Mission Pub. Sch. Dist. No. 512, 959 F. Supp. 1338, 1350 (1997).