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Subject: State law changes to special
education
Source: Melodie Friedebach, Assistant Commissioner
Intended Audience: Special Education Stakeholders
Date: July 19, 2006
Senate Bill 834 was signed into law by Governor Blunt. This law makes
several changes to Missouri law involving students with disabilities:
* Eliminates the provision for "resolution conference" in special education
disputes. This provision, which involved an optional step in the due process
hearing system, was eliminated to avoid duplication and confusion. The
reauthorized Individuals with Disabilities Education Act
(IDEA) 2004 provides for a mandatory step in the due process hearing system
known as a resolution session. The resolution session became a part of
Missouri law last year. The resolution session effectively replaces the
Missouri resolution conference.
* Provides for child find responsibilities of private school students.
This provision shifts the child find responsibility, for private school
students, from the district of residence to the school district in which the
private school is located. Thus, private school students suspected of a
disability will be evaluated by the school district in which the private
school is located.
* Provides for services of private school students. This provision shifts
the responsibility for providing services to private school students who
have been identified under IDEA, from the district of residence to the
school district in which the private school is located.
Such services are still limited however, to the responsible district's
proportionate share.
* Incorporates the IDEA time-lines for due process hearing procedures, by
reference. This provision references the federal time-lines established by
IDEA and federal regulations, and incorporates those as Missouri's
time-lines.
For the full bill text go to:
http://www.senate.mo.gov/06info/pdf-bill/tat/SB834.pdf.
For more information on the IDEA requirements
for evaluating and serving private school students, go to the FAQ posted on
our web site at:
http://www.dese.mo.gov/divspeced/Compliance/Q&A/PPP-FAQ.pdf. |
