Statutes and Regulations

The reauthorization of the Individuals with Disabilities Education Act of 2004 (IDEA 2004) and the updating of the Kansas State Department of Education Administrative Regulations in 2008, continues the commitment of the nation to ensure that all students, including those with disabilities, have access to a free appropriate public education (FAPE), will be included in the general education curriculum and will demonstrate improved educational outcomes. 

The Kansas Special Education for Exceptional Children Act expands federal law and regulations to include children who are identified as gifted and provides an opportunity for children enrolled in private schools by their parents to receive FAPE.  The Kansas State Department of Education is required to provide information regarding any rules, regulations and policies not required by IDEA 2004 or Federal Regulations. 

Federal Statutes and Regulations

Section 504 of the Rehabilitation Act 1973 Regulations (external link)
Family Educational Rights and Privacy Act (FERPA) Information and Regulations (link)

IDEA regulations at 34 C.F.R. 300.611 defines the term “Education Records” to be the type of records that are defined as education records in FERPA.  And, IDEA regulations at 34 C.F.R. 300.622(a) specify that FERPA exceptions to the consent requirement also apply to IDEA records.

Memos/Letters

OSEP Resources by Topic Area (external link)

OSEP - Memorandum - Obligations of States and local educational agencies to parentally-placed private school children with disabilities 2005 (PDF)
Explains the obligations of States and LEAs to parentally placed private school students with disabilities.  

OSEP - Memorandum Response to Intervention (RTI), (Child Find) 2011 (PDF)
Notes that a response to intervention (RTI) cannot be used to delay or deny an evaluation for eligibility under the Individuals with Disabilities Education Act (IDEA).

OSEP - Letter to Huefner (Stay put) 2007 (PDF)
Clarifies a child's status during administrative or judicial proceedings. It reaffirms that the child must remain in their current educational placement during the pendency of any due process proceedings unless the state or local educational agency and the parents agree otherwise. 

OSEP - Letter to Troy Couillard (Use of Federal Funds) 2013 (PDF)
Establishes that IDEA Part B funds must primarily support students with disabilities, but staff can participate in school-wide systems like RTI under specific conditions.

Dyslexia - Dear Colleague Letter from OSERS 2015(External PDF)
This OSERS letter clarifies that the Individuals with Disabilities Education Act (IDEA) permits the use of terms like dyslexia, dyscalculia, and dysgraphia in evaluations, eligibility determinations, and Individualized Education Program (IEP) documents for children with specific learning disabilities

KSDE Memo - "Reasonable time" to Respond to Parent Request 2005 (PDF)
This KSDE memo states what is considered a “reasonable time” to respond to a parent request. When the LEA is required to provide parents with a written notice of the LEA's proposal or the LEA's refusal of a parent's proposal (whether oral or written) under K.S.A. 72-988(b)(2) (regarding the initiation, or a change of, identification, evaluation, placement or the provision of FAPE to a child with an exceptionality), a reasonable time in which to provide such notice to the parents is 15 school days

Discussion of term parent in state and federal law.

Contact Information

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