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Subject: Implementation of Individuals with Disabilities Education Act (IDEA) 2004
Source: Pam Williams, Coordinator, Special Education Services
Intended Audience: Superintendents, Directors of Special Education

Date: April 14, 2006

Section 608(a) of IDEA requires each state that receives federal funds to identify in writing to responsible public agencies in the state any rule, regulation, or policy that is a state imposed requirement and not required under IDEA and federal regulations.

The Missouri Department of Elementary and Secondary Education has identified the following items that are state imposed and not required by IDEA or federal regulations. The items listed are referenced to the Missouri State Regulations Implementing Part B of IDEA and may be located at the following website:
http://www.dese.mo.gov/divspeced/stateplan/FY2005/2005version.html.

1. Optional Resolution Conference as the first step in Due Process (pg. 51).

2. Special requirement for referral of children who are blind or visually impaired to Rehabilitation Services for the Blind (RSB) (pg. 36).

3. State standards for class size and teacher caseloads (pp. 93-98).

4. Current state law provides for total 45-day timeline in the Due Process Hearing system (without provision for stacking of the 30-day resolution process and the 45-day hearing process).

For items 1 and 4 above, there is legislation pending to address these. 
Item 2 is required by state statute.

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Missouri Department of Elementary and Secondary Education
Division of Special Education
P.O. Box 480
Jefferson City, MO 65102
Email:  webreplyspe@dese.mo.gov
Phone: 573-751-5739   Fax:  573-526-4404

Revised: April 17, 2006

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