COMMONWEALTH
OF VIRGINIA
DEPARTMENT
OF EDUCATION
P.O.
BOX 2120
RICHMOND,
VIRGINIA 23218-2120
SUPTS. MEMO NO. 7
January 14, 2005
INFORMATIONAL
|
TO: |
Division Superintendents |
|
FROM: |
Jo Lynne DeMary Superintendent of Public Instruction |
|
SUBJECT: |
Individuals with Disabilities Education Improvement Act of 2004 (P.L. 108-446) |
Public Law 108-446, Individuals with Disabilities
Education Improvement Act of 2004, was enacted on December 3,2004. Although the Board of Education has not yet
revised special education regulations, the new federal statute will supersede
existing regulations in any areas of inconsistency. The purpose of this memorandum is to provide you with information
about steps the Department of Education plans to take in implementing the new requirements
as well as information designed to assist localities in doing the same. Specifically, we will address our immediate
response to the new requirements and provide several guidance documents which
will be forwarded by mail and copied to local directors of special education.
Many of the new requirements are effective July 1,
2005. The Highly Qualified Special
Education Teacher definition in Part B is effective immediately, as well as
subparts 2, 3 and 4 of Part D, including provisions related to federal funding
for personnel preparation and technical assistance and supports to improve
results.
Our plan is to await final federal regulations
before revised state regulations are prepared.
State regulations will be revised as soon as possible after our receipt
of the final federal regulations, in accordance with the provisions of the
Virginia Administrative Process Act.
The special education dispute resolution staff,
mediators, and hearing officers will apply the IDEIA to events which occur
after the effective date. Where the
events occurred before the effective date, the special education dispute
resolution staff, mediators, and hearing officers will apply IDEA requirements
as they existed prior to the IDEIA.
Where federal or state regulations conflict with the effective IDEIA,
the statutory language will be applied. Regulations developed by the U.S.
Department of Education and the Virginia Department of Education will be
applied as they become effective.
The IDEIA requires that additional information be
provided on the model due process form.
The revised model form will be sent to local directors of special
education and posted on the departments website by July 1, 2005.
Beginning in the 2005-2006 school year, the state's
monitoring of Part B will include monitoring the new IDEIA of 2004. The new requirements will impact each phase
of the monitoring system. Regulations
developed by the U. S. Department of Education and the Virginia Department of
Education will be applied as they become effective.
As a condition of the 2005-2006 grant award of
federal funds, localities must assure compliance with all requirements of the
IDEIA. Attached is an Assurance
Statement for this purpose. This
statement should be submitted with the 2005-2006 Annual Plan.
The IDEIA requires that additional information be
provided
to parents as part of the prior written notice and
statement of procedural safeguards. The revised model notice will be sent to
local directors of special education and posted on the Departments website by
July 1, 2005.
We appreciate your cooperation in this matter. We realize the difficulties created by
federal amendments that are effective while regulations are at least several
months away. Providing assistance to
school divisions and engaging in discussion to develop regulations, during this
period, are our major priorities.
Questions about this memorandum may be referred to
H. Douglas Cox, assistant superintendent of the Office of Special Education and
Student Services, at (804) 225-3252, or by email at doug.cox@doe.virginia.gov, or Judy
Douglas, director of the Office of Dispute Resolution and Administrative
Services, at (804) 225-2013, or by email at judy.douglas@doe.virginia.gov.
JLD/jad
Attachment:
Assurance Statement
http://www.doe.virginia.gov/administrators/superintendents_memos/2005/inf007a.pdf
cc: Local Directors of Special Education