Alabama House Bill HB90

Alabama 2023 Regular Session

• Introduced: 3/7/23
• Refer: 3/7/23

Caption

Relating to special education; to add Section 16-39-3.1 to the Code of Alabama 1975, to provide that certain students with an intellectual disability are entitled to certain educational services up to the student's twenty-sixth birthday.

Impact

The anticipated impact of HB90 on state laws includes a redefinition of educational support obligations for school boards throughout Alabama. By extending the age limit, school systems will need to adjust their existing programs to cater to students who may require additional time to achieve educational milestones. This could also lead to changes in funding allocations and resource management within school districts to accommodate the increased demand for special education services.

Summary

House Bill 90 (HB90) introduces a significant change to the education rights of students with intellectual disabilities in Alabama. Under existing law, these students are entitled to a minimum of 12 years of education. HB90 extends this entitlement, allowing certain students to receive public school instruction and special services until their twenty-sixth birthday, even if this requires providing services beyond the traditional 12 years. This bill aims to ensure that students who have not earned their high school diploma have access to necessary educational resources longer than previously stipulated.

Contention

While HB90 has gained support for its intent to increase access to education for students with intellectual disabilities, there may be discussions and concerns regarding the practicality of these extensions. Opponents could argue that the inclusion of students beyond the current age limit might strain already limited resources and that it could necessitate significant changes in curriculum planning and special education staffing. Proponents, however, emphasize the moral imperative to provide ample educational opportunities for all students regardless of their disabilities, suggesting that the potential benefits outweigh the challenges.

Enforcement

If enacted, HB90 would require all local school boards to comply with the provisions set out in the new section of the Alabama Code. This includes ensuring meticulous tracking of students' educational progress and proactively providing necessary services up until the designated age cutoff. The successful implementation of the law will rely heavily on the collaboration between state authorities, local educational agencies, and advocacy groups to adequately support the needs of this demographic.