Missouri Department of Elementary and Secondary Education

 

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Subject: IDEA 2004 Final Federal Regulations
Source: Pam Williams, Coordinator, Special Education Services

Intended Audience: Directors of Special Education

Date: September 14, 2006

This message is to update you on some resources that have recently become available and on some activities undertaken by the Division of Special Education to disseminate information regarding the final federal regulations implementing the Individuals with Disabilities Education Act (IDEA).

The final federal regulations for IDEA 2004 will be effective on October 13, 2006. As was mentioned in a previous SELS message (August 11, 2006), the Division of Special Education, U. S. Department of Education's Office of Special Education Programs (OSEP), and several professional organizations are currently preparing technical assistance and training materials to assist responsible public agencies, parents, advocates, and other interested parties in learning the provisions of the final regulations. Some of the resources that will be coming out in the near future are topical briefs, a video, policy papers, and CDs.
Whenever new information and resources are available, we will post it on our IDEA 2004 website and inform the field via SELS.

OSEP has posted several "Topic Briefs" on their website at http://www.ed.gov/policy/speced/guid/idea/idea2004.html  regarding provisions in the final federal regulations. The topics that might be of most interest to districts are:

Changes in Initial Evaluation and Reevaluation Children Enrolled by their Parents in Private Schools Discipline Early Intervening Services Highly Qualified Teachers Individualized Education Programs (IEP), Team Meetings and Changes to the IEP Individualized Education Programs (IEP) National Instructional Materials Accessibility Standard (NIMAS) Procedural Safeguards: Surrogates, Notice and Consent Procedural Safeguards: Mediation and Resolution Sessions Procedural Safeguards: Due Process Hearings Secondary Transition Statewide and Districtwide Assessments

The National Association of State Directors of Special Education
(NASDSE) has published a side-by-side comparison of the 1999 regulations and the new 2006 regulations. The Division of Special Education has purchased a copy of this document for every agency in the state that provides services to students with disabilities, including State Board Operated Programs, Other State Agencies, Charter Schools, and Approved Private Agencies. As soon as the copies arrive from NASDSE, we will be mailing them to the agency's special education contact person. You are encouraged to use this document as a resource in identifying those areas where there are changes in the regulations and for in-service training with your staff regarding those changes.

We have posted on our IDEA 2004 website
http://dese.mo.gov/divspeced/IDEA2004.html  a "Quick List" of some of the more substantive changes in the federal regulations. This list gives a very brief description of the changes and districts are encouraged to use the NASDSE side-by-side, the federal regulation document, and the OSEP Topic Briefs for a complete description of the change.

The Division has again this year purchased NASDSE's satellite conference series which is available to all districts in the state. The first two broadcasts in the series are specific to IDEA 2004:

October 11, 2006 "The 2006 IDEA Regulations: What They Mean for Implementing the Nation's Education Law for Individuals with Disabilities"

October 25, 2006 "The Implications of IDEA and NCLB for Learning: A Conversation with the Director of the Office of Special Education Programs at the U. S. Department of Education"

A SELS message will be sent prior to each NASDSE Teleconference giving instructions for how to access the broadcast. Districts are encouraged to view these broadcasts for current information on IDEA 2004 as well as NCLB.

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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: September 15, 2006

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