Subject:  Implementation of IDEA 2004--Update   

Source:  Pam Williams, Director, Compliance

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

Date:  July 13, 2005

 

This message is to update districts on information recently posted as well as information that will be posted in the near future on the Division of Special Education website in regard to changes resulting from the Reauthorization of the Individuals with Disabilities Education Act (IDEA) of 2004. 

 

On July 1, 2005, the Division posted a revised copy of the Procedural Safeguards Statement for Children and Parents.  The date on this copy is July 2005.  This document can be accessed on the division website at http://dese.mo.gov/divspeced/Compliance/Proc_Safe/index.html. Agencies should discard any copies of the old Procedural Safeguards Statement (August, 2001) and begin using this new copy immediately.  In mid to late August, the Division will be providing each responsible public agency with copies of the new Procedural Safeguards equivalent to the number of students reported on the agency’s December 1, 2004, child count.  When these are received, the agency should distribute these copies to each child with a disability in their district.  Districts are reminded that there are new requirements regarding the provision of the Procedural Safeguards.  Those requirements are:

• At least one time annually for identified children

• Upon initial referral or parental request for evaluation

• Upon parent request for a copy of the Procedural Safeguards

• Upon certain disciplinary actions

• On the first occurrence of the filing of a due process complaint (will be provided by DESE)

 

On July 1, the Division also posted revised technical assistance documents regarding discipline for students with disabilities.  These documents can be accessed at the following website: http://dese.mo.gov/divspeced/Compliance/index.html click on the Discipline Under IDEA 2004 link in the Updated Section on the Bulletin Board.

 

Revisions have been made to the State Regulations.  A revised copy of this document can be accessed at http://dese.mo.gov/divspeced/stateplan/index.html.

 

Within the next two weeks, the Compliance Section will be posting the following revised documents/forms as well as some new forms for agencies to use as they are implementing the new provisions of IDEA 2004:

 

Revised documents/state sample forms:

• Compliance Program Review Standards and Indicators Manual

  (Documents A, B, D, F, and G-9 (LD))

• IEP form

• Notice of Action form

• Meeting Notification form

• Request for Consideration of Special Education Evaluation form

• Public Notice form

• Transfer form

• Discipline form

 

New forms:

• IEP Team member excusal form

• IEP Addendum form

• Waiver of Triennial Evaluation form

• Private Parochial Consultation form

 

When all of the new/revised documents and forms are posted, we will send another SELS message.  We are hoping to have all forms posted by July 22 at the latest.  Please check our website frequently for new postings. 

 

The Division is planning a number of Professional Development activities throughout the fall on the new provisions of the IDEA.  As arrangements for these are finalized, the field will be informed through the SELS listserv and the information will be posted on our website.