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First Steps Listserv

Subject: Directory Information for LEA/Opt Out Policy

Source: CJ Hubbard, Assistant Director, Part C Compliance

Intended Audience: System Point of Entry (SPOE) Directors, Service Coordinators

Date: August 3, 2009

On July 1, 2009, Missouri’s application for FY2010 funds under Part C of the Individuals with Disabilities Education Act (IDEA) was conditionally approved by The U.S. Department of Education, Office of Special Education Programs (OSEP) based on the state’s assurance that no later than June 30, 2010, after meeting public participation requirements, its final “opt out policy” would be submitted to OSEP.  This will require substantive regulatory changes to the current Missouri Part C State Plan (last revised 11/06).

Subsequently, Missouri First Steps SPOEs were advised to immediately implement procedures to explain to parents the process of providing limited directory information to Local Education Agencies (LEAs) around age two (2), unless the family chose to “opt out” of providing this information to the LEA.  First Steps is required to notify the LEA where the child lives that the child is approaching three (3) years of age and may be eligible for early childhood special education (ECSE) services under Part B of IDEA.

An example of the directory form, instructions for completing the form, and the script for explaining the “opt out” policy to the parent can be accessed at http://dese.mo.gov/divspeced/FirstSteps/DirectoryInfoandOptOutPolicy.html.