Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Section 1 of chapter 71B of the General Laws is hereby
amended by striking out the definition "School age child with special needs",
as amended by section 136 of chapter 138 of the acts of 1991, and inserting
place thereof the following definition:-
"School age child with special needs", a school age child who, because of a
disability consisting of a developmental delay or an intellectual, sensory,
neurological, emotional, communication, physical, specific learning or health
impairment or combination thereof, is unable to progress effectively in regular
education and requires special education services in order to successfully
develop the child's individual educational potential; provided, however, that
no child shall be determined to be a student with special needs solely because
the child's behavior violates the school's disciplinary code; and provided,
further, that use of the word disability in this section shall not be used to
provide a basis for labeling or stigmatizing the child or defining the needs of
the child, and shall in no way limit the services, program, and integration
opportunities provided to the child.
SECTION 2. The department of education shall issue proposed
guidelines and regulation changes to ensure clarity and consistency of
application of chapter seventy-one B of the General Laws in local school
districts no later than March thirty-first, nineteen hundred and ninety-two.
Changes in guidelines and regulations shall take effect on September first,
nineteen hundred and ninety-two.
SECTION 3. The provisions of this act shall apply to any child who is
referred for evaluation or re-evaluation on or after September first, nineteen
hundred and ninety-two for the purposes of determining whether such child shall
receive special education.
SECTION 4. Section one of this act shall take effect on September
first, nineteen hundred and ninety-two.