Administrative Advisory SPED 2007-1. IDEA-2004 Implementing Regulations.
Advisory highlighting key aspects of the 2006 federal regulations implementing the Individuals with Disabilities Education Act 2004, including definitions, state and local eligibility requirements, evaluations, eligibility determinations, individualized education programs, educational placements, and procedural safeguards.T
he purpose of this advisory is to highlight key aspects of the new federal regulations for the reauthorized Individuals with Disabilities Education Act (IDEA-2004). These final regulations, which took effect on October 13, 2006, are codified at 34 CFR, Part 300, and can be found in their entirety at: http://idea.ed.gov/download/finalregulations.pdf. Congress reauthorized the IDEA in December 2004. Since then, MA DESE has conducted trainings, developed technical assistance, and published administrative advisories to explain the changes to the federal special education law. The 2006 regulations suggest that a district should have an organized program in the general education environment that ensures that a student is receiving appropriate instruction - often referred to as "Response to Intervention" (RTI) programs. In the commentary on 300.309, OSEP indicated its belief that a district's identification of children with a SLD will improve using models based on systematic assessments of a child's response to appropriate instruction, when those results are reviewed during the evaluation process to determine whether the child is eligible for special education.