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MEMORANDUM
TO: Day School and Community Leaders
FROM: Nathan J. Diament, Director, Institute for Public Affairs
Howie Beigelman, Deputy Director, Institute for Public Affairs
DATE: July 28, 2005
RE: New Special Education Regulations – IDEA revisions
President Bush signed a reauthorization of IDEA (Individuals With
Disabilities Act) on December 3, 2004. Recently, the Department of
Education released new regulations governing IDEA and
specifically, regulations intended to see special education
services are fairly provided to non-public school students.
The most significant aspect of IDEA 2004 is regarding Child Find:
In the past, Child Find fell to the district
where the child resided, regardless of where they were enrolled.
Each LEA now must contact each private school in their district to
determine which students require services. Note: For the 2005-06
school year, the best available data will do. But beginning next
year, these regulations will be in full force.
We urge schools not to wait till they are contacted but to be
proactive in reaching out to their own local school districts and
making sure all appropriate and available services are provided to
students in need.
Day schools and communities should also contact their local
districts regarding IDEA 2004’s requirement that parents and
private schools be consulted on Child Find, the Child Find process
and provision of services to eligible children.
In particular, in this regard, IDEA 2004
requires:
In addition, other noteworthy aspects of IDEA
2004 require:
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Public school officials must put in writing a
reason denying direct services to private school students if
private school representatives request such services (rather than
indirect services to teachers).
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IDEA 2004 institutes an accurate record keeping
requirement regarding the number of private school students
requesting evaluations, receiving evaluations, and given services
and creates a complaint procedure for private school
representatives and parents to use.
Should you have any questions or need any
assistance in reaching public officials regarding this matter,
please contact the OU/IPA offices at 212-613-8123 or 202-513-6484
or to contact NJCD at 212-613-8229.
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