Federal Statute Federal Regulations State Policies and State

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Federal Statute, Federal Regulations, State Policies, and State Procedures What’s the Difference? 2011 -2012

Federal Statute, Federal Regulations, State Policies, and State Procedures What’s the Difference? 2011 -2012 Mississippi Department of Education Office of Instructional Enhancement and Internal Operations/Office of Special Education 1

Flow Chart Federal Statute / Law Federal Regulations State Policies State Procedures 6/24/15 School

Flow Chart Federal Statute / Law Federal Regulations State Policies State Procedures 6/24/15 School Improvement Conference 2

Regulatory Sources • Individuals with Disabilities Education Act Amendments of 2004 (IDEA 2004). •

Regulatory Sources • 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 7219 2015 -2016 New Special Education Directors Meeting 3

IDEA – Federal Law Individuals with Disabilities Education Act (IDEA) The Nation’s Federal Law

IDEA – Federal Law Individuals with Disabilities Education Act (IDEA) The Nation’s Federal Law on Special Education 2015 -2016 New Special Education Directors Meeting 4

Individuals with Disabilities Education Act (IDEA) • The Individuals with Disabilities Education Act is

Individuals with Disabilities Education Act (IDEA) • 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 2004. 2015 -2016 New Special Education Directors Meeting 5

IDEA 2004 • Individuals with Disabilities Education Act (IDEA) Amendments of 2004 • IDEA

IDEA 2004 • 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 2015 -2016 New Special Education Directors Meeting 6

IDEA Part B • IDEA Part B is the portion of the Federal law

IDEA Part B • IDEA Part B is the portion of the Federal law governing children in the age range of 3 -21. IDEA Part B does include preschool children ages 3 -5 as well as school age children ages 6 -21. • Just for your information: Part C is the portion of the Federal law governing children in the age range of birth through age 2. 2015 -2016 New Special Education Directors Meeting 7

Federal Regulations (Federal Register) 2015 -2016 New Special Education Directors Meeting 8

Federal Regulations (Federal Register) 2015 -2016 New Special Education Directors Meeting 8

Federal Regulations • Federal Regulations for IDEA Part B were developed following the enactment

Federal Regulations • 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. 2015 -2016 New Special Education Directors Meeting 9

Federal Regulations • Federal Regulations go through a process referred to as Notice of

Federal Regulations • 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). 2015 -2016 New Special Education Directors Meeting 10

Analysis of Comments • If a parent revoked consent for special education services and

Analysis of Comments • 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? 2015 -2016 New Special Education Directors Meeting 11

Analysis of Comments • Federal Register (Volume 73, Monday, December 1, 2008) page 73015,

Analysis of Comments • 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 300. 301, rather than a reevaluation under 300. 303. 2015 -2016 New Special Education Directors Meeting 12

Federal Regulations • The Office of Special Education Programs (OSEP) released the final IDEA

Federal Regulations • The Office of Special Education Programs (OSEP) released the final IDEA regulations in August 2006, with an effective date of October 13, 2006. • August 2008, OSEP issued additional final regulations, which became effective on December 31, 2008. 2015 -2016 New Special Education Directors Meeting 13

Federal Regulations • 34 C. F. R. references Part B Regulations that are codified

Federal Regulations • 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. § 300. 301 Initial Evaluations 2015 -2016 New Special Education Directors Meeting 14

State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments

State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 Effective September 15, 2013 2015 -2016 New Special Education Directors Meeting 15

State Policies • Approved by the State Board of Education. • Prior to approval,

State Policies • 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). 2015 -2016 New Special Education Directors Meeting 16

State Policies • Following the completion of the APA process in Spring 2009, the

State Policies • 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, 2009. • State Board Policy 7219 was amended (revised) in 2013, requiring the completion of the APA process once again. 2015 -2016 New Special Education Directors Meeting 17

State Policies • Following the completion of the APA process in Spring 2013, the

State Policies • Following the completion of the APA process in Spring 2013, the SBE approved the proposed changes to SBP 7219 on August 16, 2013. • Current State Policies (revisions) became effective on September 15, 2013. 2015 -2016 New Special Education Directors Meeting 18

State Policies • Mississippi’s Policies are aligned with and closely mirror the Federal Regulations.

State Policies • 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 300. 1 ordered numerically in sequential or chronological order. • NOTE: Any Mississippi specific deviations from Federal Regulations are denoted in BOLD, blue italics. 2015 -2016 New Special Education Directors Meeting 19

Examples of State Policy Deviations from Federal Regulations • 34 C. F. R. §

Examples of State Policy Deviations from Federal Regulations • 34 C. F. R. § 300. 320(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. § 300. 320(b) require transition services no later than age sixteen (16). 2015 -2016 New Special Education Directors Meeting 20

Examples of State Policy Deviations from Federal Regulations • 34 C. F. R. 300.

Examples of State Policy Deviations from Federal Regulations • 34 C. F. R. 300. 101(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. § 300. 101(a) require a FAPE be available in the State between the ages of 3 and 21. 2015 -2016 New Special Education Directors Meeting 21

State Policies • Arranged by Subparts (Eight Subparts A-H) • • 2015 -2016 Subpart

State Policies • Arranged by Subparts (Eight Subparts A-H) • • 2015 -2016 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 Meeting 22

State Policies • Mississippi specific section was added following Subpart H, titled Special Education

State Policies • Mississippi specific section was added following Subpart H, titled Special Education Eligibility Determination Guidelines (Pages 289 -326) • All content is in BOLD, blue italics which indicates Mississippi specific information. • Includes general information that applies to all eligibility categories. 2015 -2016 New Special Education Directors Meeting 23

State Policies • Pages 296 -326 include the 13 disability categories listed alphabetically, the

State Policies • Pages 296 -326 include the 13 disability categories listed alphabetically, the definition and minimum eligibility criteria for each disability category. 2015 -2016 New Special Education Directors Meeting 24

State Policies • Omitted sections do not apply to local educational agencies (LEAs). •

State Policies • 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. 2015 -2016 New Special Education Directors Meeting 25

Procedures for State Board Policy 7219 2015 -2016 New Special Education Directors Meeting 26

Procedures for State Board Policy 7219 2015 -2016 New Special Education Directors Meeting 26

State Policies AND State Procedures • Procedures for State Board Policy 7219 provide guidance

State Policies AND State Procedures • Procedures for State Board Policy 7219 provide guidance on the “HOW TO” for implementing State Policies Regarding Children with Disabilities under the IDEA 2004. 2015 -2016 New Special Education Directors Meeting 27

Procedures for Implementing State Board Policy 7219 • Multi-volume document intended to assist public

Procedures for Implementing State Board Policy 7219 • Multi-volume document intended to assist public agencies in the implementation of SBP 7219. • Procedures provide the RECOMMENDED steps or “the how to” implement SBP 7219. • Procedures provide guidance on ‘BEST PRACTICES” as determined by research and professional practice. 2015 -2016 New Special Education Directors Meeting 28

Procedures for Implementing State Board Policy 7219 • Requirements of IDEA and SBP 7219

Procedures for Implementing State Board Policy 7219 • 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 7219. 2015 -2016 New Special Education Directors Meeting 29

Procedures for Implementing State Board Policy 7219 • Public agencies may use their own

Procedures for Implementing State Board Policy 7219 • 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 7219. • Public agencies may modify these forms to meet individual district needs and allow for customization 2015 -2016 New Special Education Directors Meeting 30

Procedures for Implementing State Board Policy 7219 • Volume I: Child Find, Evaluation and

Procedures for Implementing State Board Policy 7219 • 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) 2015 -2016 New Special Education Directors Meeting 31

Contact Information Tanya Bradley Bureau Director Office of Special Education 601 -359 -3498 Tbradley@mde.

Contact Information Tanya Bradley Bureau Director Office of Special Education 601 -359 -3498 Tbradley@mde. k 12. ms. us 2015 -2016 New Special Education Directors Meeting 32