Special-needs law may exclude some disabled

"(The Legislature is) a hectic place up there for 45 days. A number of big issues are being hammered out, and they focused on what were the most pressing questions. (This language) was unfortunately overlooked, so you have to come back and fix it," he said. "We will do everything we can to come up with a definition of specialized schools everyone feels comfortable with . . . (but) probably, this isn't something that can be fixed at the (state board) rule level."

Though eligibility is a primary issue, there are others, including June applications and spending deadlines, and whether private school parents will have enough time to have students assessed for disabilities.

Lear said the board will not let unspent money lapse — it could create an emergency rule if it has to. Board members say they want to work with parents in extending deadlines. And applications likely are to be made available to parents at www.usoe.org before the board meets in June to move the process along, Lear said.

Those are good signs, said Cheryl Smith, mother of the bill's namesake.

"It makes me sad, because the whole purpose was inclusion for all," she said. "But I'm excited on the other hand, too, that we're making progress. . . . It seems it's been so darn long we've been trying to make something happen.

"I think we'll get there."

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