Federal Statute, Federal Regulations, State Policies, and State Procedures What’s the Difference? Mississippi Department of Education Office of Instructional Enhancement and Internal Operations/Office of Special Education

6/24/15School Improvement Conference2 Federal Statute / Law Federal Regulations State Policies State Procedures

Individuals with Disabilities Education Act Amendments of 2004 (IDEA 2004). Federal Regulations State Policies Regarding Children with Disabilities under the IDEA (State Board Policy 7219) State Procedures for implementing State Board Policy New Special Education Directors Meeting3

Individuals with Disabilities Education Act (IDEA) The Nation’s Federal Law on Special Education New Special Education Directors Meeting4

The Individuals with Disabilities Education Act is a Federal education grant program enacted in 1975 to improve educational opportunities for children with disabilities. IDEA is the nation’s special education law. This Federal Statute or Federal Law is reauthorized periodically, typically every five years. The most recent reauthorization occurred in New Special Education Directors Meeting5

Individuals with Disabilities Education Act (IDEA) Amendments of 2004 IDEA 2004 Sometimes referred to as the IDEIA 2004: Individuals with Disabilities Education Improvement Act Amendments of 2004 Federal Statute New Special Education Directors Meeting6

IDEA Part B is the portion of the Federal law governing children in the age range of IDEA Part B does include preschool children ages 3-5 as well as school age children ages Just for your information: Part C is the portion of the Federal law governing children in the age range of birth through age New Special Education Directors Meeting 7

Federal Regulations (Federal Register) New Special Education Directors Meeting8

Federal Regulations for IDEA Part B were developed following the enactment of the law (IDEA). The Federal Regulations (Federal Register) are the regulations that are written to implement the changes made to the IDEA, as amended by the Individuals with Disabilities Education Improvement Act of 2004 (IDEA). The Federal Regulations (final regulations) are issued by the Secretary New Special Education Directors Meeting9

Federal Regulations go through a process referred to as Notice of Proposed Rulemaking (NPRM), where there is a period of public review and receiving public comments. OSEP provides its Analysis of Comments and Changes. (Comment and Discussion) New Special Education Directors Meeting10

If a parent revoked consent for special education services and then later requests that his or her child be reenrolled in special education, can the school district simply restart the special education programming based upon the prior special education service provision? New Special Education Directors Meeting11

Federal Register (Volume 73, Monday, December 1, 2008) page 73015, far left column reads: If a parent revoked consent for special education services and later requests that his or her child be reenrolled in special education, the LEA must treat this request as a request for an initial evaluation under , rather than a reevaluation under New Special Education Directors Meeting12

The Office of Special Education Programs (OSEP) released the final IDEA regulations in August 2006, with an effective date of October 13, August 2008, OSEP issued additional final regulations, which became effective on December 31, New Special Education Directors Meeting13

34 C.F.R. references Part B Regulations that are codified in Title 34 of the Code of Federal Regulations. The OSE uses the codified references (along with State Board Policy 7219) in the technical reports, monitoring reports, and official correspondence developed by the OSE. Example: 34 C.F.R. § Initial Evaluations New Special Education Directors Meeting14

State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 Effective September 15, New Special Education Directors Meeting15

Approved by the State Board of Education. Prior to approval, the State Policies go through the Administrative Procedures Act (APA) process, which requires a 60-day period of time for review and public comment (public hearings) New Special Education Directors Meeting16

Following the completion of the APA process in Spring 2009, the SBE approved the State Policies on June 19, 2009, with an effective date of July 20, State Board Policy 7219 was amended (revised) in 2013, requiring the completion of the APA process once again New Special Education Directors Meeting17

Following the completion of the APA process in Spring 2013, the SBE approved the proposed changes to SBP 7219 on August 16, Current State Policies (revisions) became effective on September 15, New Special Education Directors Meeting18

Mississippi’s Policies are aligned with and closely mirror the Federal Regulations. They are laid out in the same order as the Federal Regulations, beginning with ordered numerically in sequential or chronological order. NOTE: Any Mississippi specific deviations from Federal Regulations are denoted in BOLD, blue italics New Special Education Directors Meeting19

34 C.F.R. § (b) (page 180) Transition services. Beginning no later than the first IEP to be in effect when the child turns fourteen (14), or younger… Federal regulations at 34 C.F.R. § (b) require transition services no later than age sixteen (16) New Special Education Directors Meeting20

34 C.F.R (a) (FAPE)- FAPE must be available to all children with disabilities residing in Mississippi between the ages of three (3) and twenty (20), inclusive,… Federal regulations at 34 C.F.R. § (a) require a FAPE be available in the State between the ages of 3 and New Special Education Directors Meeting21

Arranged by Subparts (Eight Subparts A-H) Subpart A (General) Subpart B (State Eligibility) Subpart C (Local Educational Agency Eligibility) Subpart D (Evaluations, Eligibility Determinations, IEPs, and Educational Placements) Subpart E (Procedural Safeguards) Subpart F (Monitoring, Enforcement, Confidentiality, and Program Information) Subpart G (Authorization, Allotment, Use of Funds and Authorization of Appropriations) Subpart H (Preschool Grants for Children with Disabilities) New Special Education Directors Meeting22

Mississippi specific section was added following Subpart H, titled Special Education Eligibility Determination Guidelines (Pages ) All content is in BOLD, blue italics which indicates Mississippi specific information. Includes general information that applies to all eligibility categories New Special Education Directors Meeting23

Pages include the 13 disability categories listed alphabetically, the definition and minimum eligibility criteria for each disability category New Special Education Directors Meeting24

Omitted sections do not apply to local educational agencies (LEAs). Reserved sections are reserved by the United States Department of Education, Office of Special Education Programs (USDE/OSEP). These policies include references to Federal statutes, Federal regulations, and State statutes, all of which serve as sources of the State Policy requirements New Special Education Directors Meeting25

Procedures for State Board Policy New Special Education Directors Meeting26

Procedures for State Board Policy 7219 provide guidance on the “HOW TO” for implementing State Policies Regarding Children with Disabilities under the IDEA New Special Education Directors Meeting27

Multi-volume document intended to assist public agencies in the implementation of SBP Procedures provide the RECOMMENDED steps or “the how to” implement SBP Procedures provide guidance on ‘BEST PRACTICES” as determined by research and professional practice New Special Education Directors Meeting28

Requirements of IDEA and SBP 7219 will include MUST or MAY NOT. Recommendations and guidance on best practices will include SHOULD or MAY in the statements. Forms in the Procedures documents are NOT required forms, rather they are suggested forms designed to assist districts in having appropriate forms to implement the requirements of SBP New Special Education Directors Meeting29

Public agencies may use their own district developed forms or those forms acquired through individual vendors as long as the forms meet the requirements of State Board Policy Public agencies may modify these forms to meet individual district needs and allow for customization New Special Education Directors Meeting30

Volume I: Child Find, Evaluation and Eligibility Volume II: Free Appropriate Public Education, Individualized Education Program, Least Restrictive Environment, and Extended School Year Services Volume III: Procedural Safeguards, Dispute Resolution, and Confidentiality Volume IV: Discipline Volume V: Secondary Transition (not released yet) New Special Education Directors Meeting31

Contact Information Tanya Bradley Bureau Director Office of Special Education New Special Education Directors Meeting