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State Support of Military Families with Special Education Needs

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Key Message

Highly mobile children, including those from military families, are more likely to experience recurring educational disruptions and challenges accessing accommodations and special education services provided under federal law. States can assist military families by enacting policies that ensure timely establishment of special education and related services upon relocation.

Analysis

With military families relocating every two to three years, these moves present unique challenges for children with special education needs — making it more difficult to maintain access to the vital, timely and uninterrupted special education services they deserve. States have enacted improvements to their education statutes to build upon existing requirements provided within the federal Individuals With Disabilities Education Act, or IDEA, and Section 504 of the Rehabilitation Act of 1973.

Best Practices

The following best practices represent states that have enacted legislation or regulations that have been identified as gold standard examples meeting one or more of the subissues of this priority.

Best Practice States

AlabamaState Support of Military Families with Special Education NeedsSB211 04/02/2024HB292 04/18/2024SB211 05/09/2024
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To amend Section 16-28-60, relating to the remote enrollment of children of active duty military personnel in public K-12 schools; to include the remote enrollment of special needs children of active duty military personnel; to provide for the transfer of records relating to the child; and to require informed parental consent prior to the reevaluation of the special needs student.
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ArkansasState Support of Military Families with Special Education NeedsHB 1545 03/19/2025HB 1545 04/08/2025HB 1545 04/10/2025
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This act further improves the Arkansas Military Child School Transitions Act of 2021, § 6-28-101 et seq., by: (1) Eliminating the one-year limitation on eligibility of children of Gold Star families and medically separated or retired families to be covered by this act; (2) Allowing public schools to apply provisions of this act to all students who apply for enrollment in a public school in addition to those students who are dependents of members of the uniformed services; (3) Defining actions for military services families to accomplish when applying for enrollment in advance of their arrival in Arkansas; (4) Expanding authority of receiving districts' special education staff members to proactively collaborate with sending districts to facilitate a smooth transition of incoming students with disabilities; and (5) Providing for the Purple Star School Program development and administration.
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CaliforniaState Support of Military Families with Special Education NeedsAB 1412 05/22/2025AB 1412 08/25/2025AB 1412 10/07/2025
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CA Governor Newsom signed AB 1412 in October 2025, which will help to minimize delays for students transferring into the state with existing Individualized Education Programs (IEP) or Section 504 Plans. Effective January 1, 2026, this bill requires a local educational agency, within 30 days of receipt of official records or specified unofficial records, to either adopt and implement the individualized education program previously adopted for the pupil or develop, adopt, and implement a new individualized education program for the pupil that is consistent with federal and state law, if applicable. It also reiterates requirements under Advance Enrollment and Interstate Compact on Educational Opportunity for Military Children statutes to require school districts to accept hand-carried, unofficial copies of records provided by parents of military-connected students until official records are received from the sending school district.
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ColoradoState Support of Military Families with Special Education NeedsSB073 02/24/2025SB073 04/02/2025SB073 04/23/2025
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This policy clarifies that Colorado's existing advance enrollment statute for military-connected students includes those with special education needs.
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ConnecticutState Support of Military Families with Special Education NeedsHB 6442 04/30/2025HB 6442 05/23/2025HB 6442 05/30/2025
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With Governor Lamont's signature, Public Act 25-15, allows military-connected children in Connecticut to transfer any Individual Education Plan within 30 days of enrollment, and allows military-connected children to remain in their school district for the duration of the school year, even if their parent relocates due to military orders. Any child in grade eleven, may continue for one additional school year to graduate from that district.
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MarylandState Support of Military Families with Special Education NeedsHB102 02/26/2026HB102 04/08/2026HB102 05/26/2026
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Military families in Maryland will find it easier to educate their children when transitioning between duty stations, thanks to a comprehensive legislative package designed to streamline education and improve state support for military-connected families sponsored by Delegate Edith Patterson and Senator Benjamin Brooks. The law allows incoming military families to remotely register and enroll their children in local school systems ahead of their physical relocation to the state, preventing unnecessary gaps in instruction. The law further enhances the Maryland State Military Interstate Children's Compact Council and Purple Star School Program frameworks to ease school transitions, credit transfers, and social integration for military children while promoting participation in the Purple Star Schools program. The law also provides flexibility to ensure students can remain in their chosen schools for the duration of the academic year, even if their family undergoes mid-year housing transitions. The also provides for military students with special needs by requiring schools to transfer individualized education programs (IEPs) records for military-connected children with disabilities or specialized as soon as the family enrolls the child into a Maryland public school.
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New HampshireState Support of Military Families with Special Education NeedsHB 1382 03/28/2024HB 1382 04/18/2024HB 1382 05/20/2024
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Chapter 24 authorizes witness fee reimbursement for a parent in the armed forces who represents themself at a special education hearing and prevails. Witness fees incurred by parents who are members of the armed forces shall, in due process hearings, be reimbursed by the department of education if the hearing officer finds in favor of the parent.
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New JerseyState Support of Military Families with Special Education NeedsA4076 01/13/2008
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New Jersey is the best practice model for timeliness, requiring a new Individualized Education Program to be implemented within 30 days of a student’s transfer from another school system. New Jersey is also the best practice model for reducing burdens, where the school district shall have the burden of proof and the burden of production.
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South DakotaState Support of Military Families with Special Education NeedsSB109 02/05/2025SB109 02/24/2025SB109 03/05/2025
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Senator Duhamel led efforts on this bill which requires a school district accept an existing Section 504 plan, individualized family service plan, or individualized education program for incoming students who are children of active-duty military members. If a school is unable or unwilling to accept an existing plan, the school must implement a new or revised plan within 30 days.
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Supporting Resources

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