Subject:  Implementation of IDEA 2004

Source:  Pam Williams, Director, Compliance

Intended Audience:  Directors of Special Education, Process Coordinators, Special Education Teachers

Date:  May 12, 2005

 

This SELS message contains information regarding current and future guidance activities planned by the Division to assist districts in the implementation of IDEA 2004 requirements as the statutory implementation date of July 1, 2005, approaches.

 

1. Follow-up teleconference to February webstream presentation. 

 

Originally, the Division had planned to conduct a follow-up teleconference to the February 2005 webstream presentation on IDEA 2004 to (1) present any new information received during the Spring from OSEP concerning IDEA 2004 issues, and (2) to answer any questions from the field that had been generated from the webstream presentation.  This teleconference was not held due to (1) no substantive information being received at this point from OSEP, and (2) very few questions being received from the field.

 

Districts should continue to use the webstream presentation to in-service their staff on the new provisions of IDEA 2004.  The webstream presentation can be accessed at the following URL:  http://dese.mo.gov/divspeced/Compliance/IDEA_ReAu2004/.

 

2. Professional Development (PD) activities planned for summer and fall about IDEA

 

Several PD opportunities are planned during the summer and fall for those individuals with an interest in provision of services to children with disabilities--new and veteran directors, regular and special education teachers, regular education administrators, advocates, and families.  These PD activities will cover both current and new IDEA requirements.  A link to information about these PD opportunities can be found at http://dese.mo.gov/divspeced/EffectivePractices/PDF/dirtrain.pdf.

 

3. OSEP "One Pagers"   

 

The Office of Special Education Programs (OSEP) has developed a series of "one pagers" covering critical areas of change in the new IDEA.  These documents can be located at the following site:  http://www.ideapartnership.org/.  Special Education Directors are encouraged to download these documents and share them with all relevant staff.

 

4. State Regulations--Proposed Changes

 

The Division is currently proposing changes in the state regulations implementing Part B of the IDEA.  The changes that are being proposed are (1) to address anything in state regulation that is in direct conflict with the new statute, and (2) to make changes where there is a benefit to schools, parents, and students and where there is no anticipation that the statutory provisions will be changed by the final regulations.  Public hearings are presently being held and written comments may be submitted through the end of business on May 20, 2005.  For information on the public hearings and proposed changes you may go to the following website:  http://dese.mo.gov/divspeced/PublicHearing05/index.html.

 

5. Compliance Standards and Indicators, Forms Revisions, and Procedural Safeguards

 

The Compliance Section is currently working on revisions to the Standards and Indicators Manual and the Procedural Safeguards to incorporate the proposed changes to the State Regulations.  The staff is also revising any State Sample Forms to correspond to IDEA 2004 statutory and state regulations changes.  The Standards revisions and revised forms will be available by or shortly before July 1.  A revised copy of the Procedural Safeguards will be posted by July 1, 2005, on the Division website and a hard copy for each child reported on the December 1, 2004, child count will be sent to each responsible public agency at the beginning of the 2005-2006 school year.

 

6. Assurance Statements, Opening Budgets, Local Compliance Plans

 

The state has been asked to provide OSEP with a series of assurances regarding the state's implementation of the provisions of IDEA 2004.  Likewise, responsible public agencies will be asked to provide the state with assurances regarding their implementation of the new statute.  Agencies will be receiving information by June 1 regarding the process to follow to submit the assurances.  A letter regarding the Assurance Statements will be sent to superintendents through the Commissioner's mailbag and the instructions and assurances will be e-mailed to both the superintendent and special education contact.  Assurances must be approved by the agency's governing board before DESE can release federal funds to the agency.  At this time we are not anticipating requiring districts to revise their Local Compliance Plans until after final federal regulations are published and final state regulations are promulgated (anticipated spring 2006).  

 

7. IDEA 2004 Implementation Checklist

 

On March 14, 2005, a SELS message was sent regarding an IDEA 2004 implementation checklist provided to us by the Office of Special Education Programs (OSEP).  The checklist outlines all of the changes to Part B of the recently reauthorized IDEA.  The checklist specifies, section by section of the statute, what, if any, change has been made and indicates if the change is substantive or not.  The Division has posted this checklist on our website at the following address:  http://dese.mo.gov/divspeced/Compliance/SecIV_PrtBCklst.pdf.  Directors are encouraged to review this checklist as they make plans for implementation of IDEA 2004 in their district and to share the checklist with all relevant staff.  The Division will update the web version of the checklist to include the 2005 Missouri legislative and regulation changes when they are final.  

 

8. Reauthorization Section on Division Webpage

 

The Division has launched a Reauthorization 2004 section on its webpage http://dese.mo.gov/divspeced/.  This section consolidates all current information at both the state and federal level about the reauthorized statute and any guidance provided by state or federal agencies.   You are encouraged to check this site often to keep abreast of the most current information regarding implementation issues.