Region 2 State Support Team: Special Ed/Compliance

New Procedural Safeguards

August 27, 2008

Whose IDEA Is This? A Parent's Guide to the Individuals with Disabilities Education Improvement Act of 2004 (July 1, 2008)

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) were 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 school district 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 reevaluation of the child;
Upon notification of an IEP meeting;
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 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 must still provide a printed copy of the procedural safeguards notice.

New Procedural Safeguards: Whose IDEA is This?