LD 1772
pg. 8
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LR 3023
Item 1

 
(4) Specific learning disabilities;

 
(5) Orthopedic impairments;

 
(6) Emotional disability;

 
(7) Mental retardation;

 
(8) Autism;

 
(9) Traumatic brain injury;

 
(10) Other health impairment;

 
(11) Deafness and blindness; or

 
(12) Multiple disabilities.

 
Notwithstanding paragraph A, "exceptional student" does not
include a child who reaches 5 years of age between September 1st
and October 15th who is already receiving free, appropriate
public education services through the Child Development Services
System and whose parent chooses, in accordance with rules adopted
by the commissioner, not to enroll the child in kindergarten
until the start of the following school year.

 
2-A.__Free, appropriate public education.__"Free, appropriate
public education" means special education and related services
that are provided at public expense, under public supervision and
direction and without charge; meet the standards of the
department; include an appropriate preschool, elementary school
or secondary school education in the State; and are provided in
conformity with the individualized family service plan or
individualized education program.__Preschool children with
disabilities who reach 5 years of age between September 1st and
October 15th who are already receiving free, appropriate public
education through the Child Development Services System and whose
parents choose, in accordance with rules adopted by the
commissioner, not to enroll those children in kindergarten until
the start of the following school year must have free,
appropriate public education available to them through the Child
Development Services System for one additional school year.

 
2-B.__Intermediate educational unit.__"Intermediate
educational unit" means an entity that meets the definition of
intermediate educational unit in the federal Individuals with
Disabilities Education Act, 20 United States Code, Section 1402,
(23) as in effect prior to June 4, 1997 and that is a public
authority, other than a local educational agency, under the


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