Administrative Rule Review Report  #AR10-009

Legislative Service Office

1-Feb-10

AGENCY: Department of Education.

DATE SUBMITTED: January 26, 2010.

SUBJECT: Chapter 7, Services for Children With Disabilities.

NATURE OF RULES:                     Legislative, procedural

STATUTORY AUTHORITY:         W.S. 21-2-202(a)(xviii).

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

SUMMARY OF RULES:  These rules provide for a substantial revision of chapter 7 of the Department's rules dealing with services for children with disabilities.  The rules are amended to comply with 34 C.F.R. Parts 300 and 301.

Section 1 as revised cites to the authority for the rules and includes some technical corrections.  Section 2 establishes the scope of the rules and notes that the department is required to ensure that all applicable standards are met regarding the provision of services to children with disabilities.  The references to the Code of Federal Regulations are updated to include the 2009 amendments.  Section 3 provides for definitions and adopts the definitions in the Individuals with Disabilities Education Act of 2004 by reference.

Section 4 of the rules as amended establishes the identification and eligibility determination requirements including establishing who is responsible for identification and who may request an evaluation.  Section 4 also includes the specific disability categories and the eligibility criteria for each.  Section 5 establishes the requirement that a child with disabilities shall receive a free appropriate public education, requires that least restrictive environment policies and procedures are in place as specified and requires extended school year services as necessary.  Section 5 also establishes the requirements for the implementation of individualized education programs as specified and provides rules for the placement of children with disabilities.

Section 6 establishes procedural safeguards including requiring parental consent and requiring protection of student records.  Section 7 provides for dispute resolution in accordance with the applicable federal regulations.  Section 8 provides for federal special education funding in accordance with the applicable federal regulations.  Section 9 provides the responsibilities of the department in its supervisory role including specifying the use of the annual performance plan made pursuant to federal rule and regulation and specifying intervention provisions.

Appendix A and the related table is amended to clarify the Wyoming severe discrepancy formula. 

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and approved by the Council as submitted by the Agency.

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Joshua Anderson

Staff Attorney

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Lynda G. Cook

Staff Attorney

JDA/