Individuals with Disabilities Education Improvement Act
A. IDEA 2004. To reauthorize the Individuals with Disabilities Education Act, and for other purposes, Public Law 108-446 was enacted by the 108th Congress of the United States on December 3, 2004. This Act may be cited as the “Individuals with Disabilities Education Improvement Act of 2004 (commonly referred to as IDEA 2004), and is organized into the following titles:
- Title I: Amendments to the Individuals with Disabilities Education Act.
- Title II: National Center for Special Education Research
- Title III: Miscellaneous Provisions
B. IDEA 2004 Federal Regulations. The final Federal Regulations for implementing IDEA 2004 were released by the Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education on August 16, 2006, and went into effect October, 2006.
C. IDEA Missouri Regulations. After the release of the Federal Regulations for IDEA 2004, the state of Missouri released a draft of the Missouri Regulations for IDEA 2004 on January 9, 2007. The draft was available for public comment until the middle of February, 2007, when revisions to the draft were made in response to the public comments. The final state regulations were then released in April, 2007. These regulations, effective as of July 2007, are known as the Missouri State Plan for Special Education.
D.OSEP. The Office of Special Education Programs (OSEP) is the federal oversight agency for special education. OSEP seeks to improve educational results for infants, toddlers, children and youth with disabilities ages birth through 21 by providing leadership and financial support to states and local districts. The Individuals with Disabilities Education Act (IDEA) authorizes formula grants to states (Part C and Part B allocations), which are distributed to local districts in Missouri through DESE.
E. Procedural Safeguards. A copy of the Procedural Safeguards must be offered to parents, at a minimum:
- Upon initial referral for evaluation;
- At least annually at the annual IEP review;
- On the date the decision is made to make a removal that constitutes a disciplinary change of placement;
- Upon parental request for an additional copy;
- And, upon the first occurrence of the filing of a due process hearing request or child complaint, at which time the Department of Elementary and Secondary Education (DESE) provides the procedural safeguards statement.