School year 2005-06 marks the first year that public school districts are governed by the newly re-authorized Individuals with Disabilities Education Act (IDEA) – 20 U.S.C.A. 1400-1482. There are several important changes in IDEA that you will need to understand in order to ensure special educational services for your students. Accompanying this Government Programs Reporter (GPRs) are three other GPRs that detail aspects on the new IDEA:

• SPECIAL ED: Part II – Child Find
• SPECIAL ED: Part III – Services
• SPECIAL ED: Part IV – Consultation

The Missouri Department of Elementary and Secondary Education (DESE) is requiring local public school districts to consult with private school officials in their jurisdiction by September 30 to discuss the new child find process and other aspects of IDEA affecting private school children with disabilities.

Recommendation: If you have not heard from your local public school district by September 30, contact them to initiate the consultation process. See the MCC GPR “SPECIAL ED: Part IV – Consultation” for tips for successful consultations.

DESE is posting on its web-site documents relating to the private school provisions of IDEA. Visit http://www.dese.state.mo.us/divspeced/IDEA-PPPSCD.html.

SUMMARY OF IDEA – PRIVATE SCHOOL PROVISIONS :

Effective advocacy on behalf of your students requires an understanding of the private school provisions of IDEA. In brief:

• Public school districts must conduct a child find to identify, locate and evaluate private school children with disabilities attending private schoolslocated in their jurisdiction.

• Public school districts must expend a proportionate amount of their IDEA federal funds for services to private school children with disabilities.

• There is no individual entitlement to services for private school children with disabilities.

• Public school districts may, at their option, provide services to private school children with disabilities at a neutral site, including a room in the private school devoid of religious symbols and meeting other DESE guidelines.

• Public school districts must consult on a timely and meaningful basis with private school officials on the design and development of special education and related services for private school children with disabilities.

• A complaint process is available when a public school district fails to consult or give due consideration to the views of private school officials. Private school parents have due process rights related to the child find.

The GPRs listed above offer more details on these points and other concerns relating to the newly re-authorized IDEA.