In Ohio, Whose IDEA Is This? A Parent's Guide to the Individuals with Disabilities Education Improvement Act of 2004 (IDEA) serves as the procedural safeguards notice in accordance with and as required by 34 Code of Federal Regulations Part 300.504. In November 2004, the United States Congress passed the Individuals with Disabilities Education Improvement Act of 2004 (IDEA). This new version of the federal law governing special education became effective July 1, 2005. The federal regulations implementing the IDEA (34 Code of Federal Regulations Part 300) were effective October 13, 2006. The Ohio law governing the education of students with disabilities (Chapter 3323 of the Revised Code) was updated effective September 29, 2007, to conform with IDEA, and the state rules in chapter 3301-51of the Administrative Code implementing the Ohio law were updated effective July 1, 2008. These rules are referred to the Operating Standards for Ohio Educational Agencies Serving Children with Disabilities.
The district or community school must give parents of a child with a disability a copy of Whose IDEA Is This? once a year, and at each of the following times:
- Upon initial referral or parental request for evaluation;
- Upon receipt of the first state complaint in a school year;
- Upon the receipt of a filing of a due process complaint in a school year;
- Upon a change in placement because of disciplinary action; and
- Upon request by a parent.
A school district or community may place a current copy on its Web site. However, Web site posting shall not be the sole method of providing the procedural safeguards notice. The school district or community school must still provide a printed copy of the procedural safeguards notice.
Whose IDEA Is This? A Parents Guide to the Individuals with Disabilities Education Improvement Act of 2004 (effective August 29, 2008).
Whose IDEA Is This? Update Sept. 2009
A new federal regulation to the Individuals with Disabilities Education Improvement Act of 2004 (IDEA) provides that a parent may revoke consent for special education and related services for his or her child with a disability. The document, Whose IDEA Is This? Update Sept. 2009, summarizes the new regulation. This new information must be provided to parents no later than January 1, 2010. Whose IDEA Is This? Update Sept. 2009 must be printed out and inserted into the procedural safeguards notice, Whose IDEA Is This?, when providing copies to parents.
Please note that Ohio’s procedural safeguards notice, Whose IDEA Is This?, is being updated to include the new regulation related to revocation of consent for the 2010-2011 school year and must be used by July 1, 2010.
If you have questions, please contact the Office for Exceptional Children, Procedural Safeguards section at (614) 466-2650 or (877) 644-6338.
To view Whose IDEA Is This? Update Sept. 2009 click here.
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Whose IDEA Is This? Accessible Format
Individuals with disabilities can obtain this document in an accessible format (e.g., braille, large print, compact disc or cassette tape) by contacting the Center for Instructional Supports and Accessible Materials (CISAM) at the Ohio State School for the Blind.