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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. |