206-7 Wyo. Code R. §§ 7-2 - Scope

(a) All provisions under the Individuals with Disabilities Education Act 2004 (IDEA) ( 20 U.S.C. § 1400 et seq.) and all federal regulations pertaining to the IDEA, including any subsequent amendments or revisions of the law, regulations, and/or rules, apply to each political subdivision in Wyoming, regardless of whether the political subdivision received any federal IDEA Part B funds. The IDEA requires the state educational agency, or the Wyoming Department of Education (WDE), ensure the requirements of the IDEA and VVyoming educational standards are met in all education programs administered by the State or any school district or other public agency within Wyoming providing services to children with disabilities.

(b) For purposes of services to children with disabilities between the ages of three (3) through completion of the school year in which the child turns twenty-one (21), unless specifically addressed in these rules, WDE hereby adopts all requirements in the IDEA and supporting federal regulations at 34 C.F.R. Parts 300 and 301, including the 2008 Amendments. The public may view the IDEA and federal regulations on WDE's website at http://www.k12.wv.us/se.asp [File Link Not Available]. All references to a specific rule include, but are not limited to, any applicable provision in the IDEA and the federal regulations. The requirements of the IDEA are binding on each school district or public agency that has direct or delegated authority to provide special education and related services to children with disabilities in Wyoming. This does not limit the responsibility of any school district or public agency for providing or paying appropriate costs for a Free Appropriate Public Education for children with disabilities in Wyoming.

(c) WDE shall ensure that federal special education funds are appropriated to and spent by school districts or public agencies in accordance with these rules, the IDEA, including but not limited to 34 C.F.R. §§ 300.200 through 300.230 and that school districts or public agencies submit a plan to provide assurances to WDE that they provide for the education of children with disabilities within their jurisdiction, having in effect policies, procedures, and programs that are consistent with the Wyoming policies and procedures established under Part B of the IDEA. These funds shall be recovered by WDE for services to any child determined to be erroneously classified and reported to WDE as a child with a disability. WDE may use whatever State, local, federal or private sources of support that are available to meet the requirements of the IDEA.

Notes

206-7 Wyo. Code R. §§ 7-2