Special Education

A. IDEA 2004. To reauthorize the Individuals with Disabilities Education Act, and for other purposes, Public Law 108-446 was enacted by the 108th Congress of the United States on December 3, 2004. This Act may be cited as the “Individuals with Disabilities Education Improvement Act of 2004 (commonly referred to as IDEA 2004), and is organized into the following titles:
  • Title I: Amendments to the Individuals with Disabilities Education Act.
  • Title II: National Center for Special Education Research
  • Title III: Miscellaneous Provisions
B. IDEA 2004 Federal Regulations. The final Federal Regulations for implementing IDEA 2004 were released by the Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education on August 16, 2006, and went into effect October, 2006.
These regulations can be accessed at http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C

C. IDEA Missouri Regulations. After the release of the Federal Regulations for IDEA 2004, the state of Missouri released a draft of the Missouri Regulations for IDEA 2004 on January 9, 2007. The draft was available for public comment until the middle of February, 2007, when revisions to the draft were made in response to the public comments. The final state regulations were then released in April, 2007. These regulations, effective as of July 2007, are known as the Missouri State Plan for Special Education.
D. Missouri Standards and Indicators Manual. This manual provides a resource for special educators in their work of providing quality special education services to children with disabilities throughout the State of Missouri. The manual is designed to be a working document used by administrators, teachers and other school personnel who are responsible for providing special education services to students with disabilities. It is especially important that those staff who are responsible for conducting evaluations and eligibility determinations and those who are responsible for the implementation of special education services have ready access to the manual.
E. No Child Left Behind. Information on the alignment of No Child left Behind with IDEA 2004 can be accessed at
F. OSEP. The Office of Special Education Programs (OSEP) is the federal oversight agency for special education. OSEP seeks to improve educational results for infants, toddlers, children and youth with disabilities ages birth through 21 by providing leadership and financial support to states and local districts. The Individuals with Disabilities Education Act (IDEA) authorizes formula grants to states (Part C and Part B allocations), which are distributed to local districts in Missouri through DESE.
More information about OSEP can be accessed at http://www.ed.gov/about/offices/list/osers/osep/index.html?src=mr

G. OSEP Part B State Performance Plan Indicators. OSEP requires states to examine specific performance indicators when evaluating local school district special education programs. Districts must report data on these indicators to the state, and the state must report the data to OSEP.
H. Procedural Safeguards. A copy of the Procedural Safeguards must be offered to parents, at a minimum:
  • Upon initial referral for evaluation;
  • At least annually at the annual IEP review;
  • On the date the decision is made to make a removal that constitutes a disciplinary change of placement;
  • Upon parental request for an additional copy;
  • And, upon the first occurrence of the filing of a due process hearing request or child complaint, at which time the Department of Elementary and Secondary Education (DESE) provides the procedural safeguards statement.
The Procedural Safeguards can be accessed in both English and Spanish at
Public Notice
All responsible public agencies are required to locate, evaluate, and identify children with disabilities who are under the jurisdiction of the agency, regardless of the severity of the disability, including children attending private schools, children who live outside the district but are attending a private school within the district, highly mobile children, such as migrant and homeless children, children who are wards of the state, and children who are suspected of having a disability and in need of special education even though they are advancing from grade to grade. The Orchard Farm School District assures that it will provide a free, appropriate public education (FAPE) to all eligible children with disabilities between the ages of 3 and 21 under its jurisdiction. Disabilities include autism, deaf/blindness, emotional disorders, hearing impairment and deafness, mental retardation/intellectual disability, multiple disabilities, orthopedic impairment, other health impairments, specific learning disabilities, speech or language impairment, traumatic brain injury, visual impairment/blindness and young child with a developmental delay.

The Orchard Farm School District assures that it will provide information and referral services necessary to assist the State in the implementation of early intervention services for infants and toddlers eligible for the Missouri First Steps program.

The Orchard Farm School District assures that personally identifiable information collected, used, or maintained by the agency for the purposes of identification, evaluation, placement or provision of FAPE of children with disabilities may be inspected and/or reviewed by their parents/guardians. Parents/guardians may request amendment to the educational record if the parent/guardian believes the record is inaccurate, misleading, or violates the privacy or other rights of their child. Parents have the right to file complaints with the U.S. Department of Education or the Missouri Department of Elementary and Secondary Education concerning alleged failures by the district to meet the requirements of the Family Educational Rights and Privacy Act (FERPA).

The Orchard Farm School District has developed a Local Compliance Plan for the implementation of State Regulations for the Individuals with Disabilities Education Act (IDEA). This plan contains the agency’s policies and procedures regarding storage, disclosure to third parties, retention and destruction of personally identifiable information and the agency’s assurances that services are provided in compliance with the General Education Provision Act (GEPA). This plan may be reviewed Monday through Friday from 8:00 a.m. to 4:00 p.m. in the Orchard Farm School District Student Services Office, 3489 Boschertown Rd, St. Charles, Missouri, 63301.

This notice will be provided in native languages as appropriate.
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