Bill
HB 2203
Kansas adds fetal alcohol syndrome disorder to the “other health impairment” category, enabling evaluation and IEP eligibility for students whose FASD affects learning.
Status and basic info
- Bill: HB 2203 (2025)
- Primary sponsor / requester: Committee on K-12 Education Budget; requested by Rep. McDonald on behalf of Kathryn Meinhardt (Dream Acres FASD Community & Kansas FASD Support Network)
- Statute amended: K.S.A. 2024 Supp. 72-3404
- Introduced: January 29, 2025
- Committee: Referred to Committee on K-12 Education Budget (House)
- Fiscal note: Kansas Division of the Budget, Feb. 7, 2025 — Department of Education reports enactment would have no fiscal effect
Purpose and intent
- To explicitly include children with fetal alcohol syndrome disorder (FASD) within the statutory definition of “other health impairment” used for special education eligibility under Kansas law. The aim is to clarify that students with FASD can be evaluated and served under existing special education procedures when the condition adversely affects educational performance.
Key provisions and changes
- Amends the definitions section of the Special Education for Exceptional Children Act (K.S.A. 72-3404) to add or clarify the term “other health impairment.”
- Defines “other health impairment” as a limitation in strength, vitality, or alertness (including heightened alertness to environmental stimuli) resulting in limited alertness to the educational environment.
- Establishes two eligibility criteria for this category:
1. The condition is due to chronic or acute health problems — the statutory list explicitly names fetal alcohol syndrome disorder (FASD) and includes other conditions such as asthma, attention deficit disorder (ADD/ADHD), diabetes, epilepsy, heart conditions, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette Syndrome.
2. The condition adversely affects the child’s educational performance.
- Leaves existing special education processes intact: evaluation, IEP development, related services, and placement decisions would continue to follow state and federal special education law (IDEA).
Who would be affected
- Primary: school-age children in Kansas who have FASD and whose functioning adversely affects their educational performance — they would be explicitly eligible to be considered under the “other health impairment” category.
- Secondary: parents/caregivers, school districts, IEP teams, school psychologists, special education and related service providers. Inclusion may lead to more formal evaluations and IEPs for students with FASD.
- Fiscal impact: The Kansas Department of Education indicated no anticipated fiscal effect; the bill does not create a funding stream or new mandated services beyond existing special education obligations.
Procedural/next steps
- The bill is at the committee stage (Committee on K-12 Education Budget). If advanced, it would proceed to House floor action, then to the Senate and, if passed, to the Governor for signature. Adoption would amend state statute to clarify eligibility but would not in itself change funding formulas or program requirements beyond existing state and federal special education law.
Notes and limitations
- The bill clarifies eligibility; it does not automatically create new services or funding. Students must still meet evaluation criteria and demonstrate an adverse educational impact to qualify for special education services under an IEP.
Compiled from official sources — confirm details with the bill’s official record.
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