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FINAL REGULATIONS FOR IDEA PUBLISHED
LEGISLATION
EXECUTIVE BRANCH
FINAL REGULATIONS FOR IDEA PUBLISHED
On August 3, the Department of Education announced that the final
regulations for IDEA '04 would be published in the Federal Register
on August 14. The regulations would become effective sixty days
later, on October 13. An unofficial copy of the regulations can
be downloaded from the Department's website at www.ed.gov/IDEA.
Models for the IEP, Procedural Safeguards and Prior Written Notice
are also available.
The regulations, which are very long, are divided into
- the Preamble, which contains a summary of changes from the
proposed regulations and comments and responses to the 5500 comments
submitted on the proposed regulations:
- the regulations themselves; and
- appendices that provide tools for the implementation and use
of the regulations.
The major issues brought up by the comments had to do with highly
qualified teacher requirement, private school placements for
children with disabilities, and requirements for the eligibility
of students with specific learning disabilities. The good news
for LDA is that proposed regulation 300.307(a)(1) which would
allow states to prohibit the use of a severe discrepancy between
IQ and achievement to determinate eligibility under the SLD category
has been removed.
Final regulations for eligibility for SLD are now that
- a state may not require the use of a discrepancy between IQ
and ability 300.307(a)(1);
- a state must permit the use of a process based on a child's
response to scientific, research based intervention 300.307(a)(2);
and
- a state may permit the use of other alternative research-based
procedures (300.307(a)(3).
Under the section on determining the existence of a specific learning
disability regulation, 300.309(2)(ii) requires that the child exhibits
a pattern of strengths and weaknesses in performance, achievement
or both relevant to age state approved grade level standards, or
intellectual development Of further interest is regulation 300.301(©
that each state must ensure that FAPE is available to any individual
child with a disability who needs special education and related
services even though the child has not failed or been retained
in a course or grade and is advancing from grade to grade. Regulation
300.35 defines scientifically based research as that in the in
the ESEA (NCLB). Final regulation 300.302 clarifies that the screening
of a student by a teacher to determine appropriate instructional
strategies or curriculum implementation shall not be considered
to be an evaluation for eligibility for special education or related
services. The implications for the Response to Intervention models
are not clear. Other relevant regulations can be found at the review
posted on the LDA website.
In a Dear Colleague letter dated August 18, John Hager, Assistant
Secretary of the Office Of Special Education and Rehabilitative
Services, promised to provide technical assistance for implementing
these regulations through the OSEP Leadership Conference at the
end of August, three Regional Meetings in 2007 (Washington on January
30-31, Los Angeles on Februrary12-13, and Kansas City, MO, on February
15-16) and a video, topic briefs, and other materials. A Tool Kit
on Teaching and Assessing Students with Disabilities is available
at http://www.osepideasthatwork.org/toolkit/index.asp
On August 31, the OSEP launched a new web site (http://idea.ed.gov)
specifically dedicated to all the info that's fit to print on the
new regs. This will include the logistics of upcoming regional
meetings, "topic briefs" that point out new statutory/regulatory
areas, other TA documents, etc.
There is very little information so far on the Regional Implementation
meetings. According to OSEP they are:
- Regions I & 2 in DC on January 30-31,
- Regions 5 & 6 in Los Angeles on Feb 12-13 and
- Regions 3 & 4 in Kansas City MO on Feb. 15, 16.
Participants are encouraged to sign up for the regional meetings,
although they may sign up for any one of the meetings. The meetings
are geared to about 300 participants, there is no registration
fee, and interested individuals other than those on the teams of
(Part B state directors and State Staff, PTI and CPRC staff, TA &D
Network Directors and staff and SPP Steering Committee members)
may attend AS SPACE PERMITS. Information on registration will be
available under "OSEP Part B Regulations Regional Implementation
Meetings" at www.rrfcnetwork.org.
Meetings will include the following topics- Discipline; IEPs,
IEP Meetings, Evaluations and Reevaluations; Private School Children;
Highly Qualified Teachers; Procedural Safeguards; Monitoring; National
Instructional Materials Accessibility Standard; Response to Intervention
for the Identification of Specific Learning Disabilities; and Early
Intervening Services
In addition, Assistant Secretary Hager and OSEP Director Alexa
Posny will be hosting 8 community rollout events beginning at the
end of September. These events will be held in the evening from
5:30 to 9:00 PM and include a reception followed by a presentation
about the regulations and the IDEA website as well as the opportunity
to ask questions. The audience for whom this is being held is primarily
parents, teachers, advocates and others from these areas who will
be interested in hearing something about the major themes in the
regulations. Registration is not required. Each participant will
receive a copy of the regulations on a CD ROM; a copy of the Toolkit
on Teaching and Assessing Students with Disabilities on a CD ROM;
and other material in print form.
The sites for these meetings are: Charlotte, NC (Sept 26), Tampa,
FL (Sept. 27), Philadelphia, PA (Oct. 17), Seattle WA (Oct. 24),
Minneapolis, MN (Oct. 25), Dallas, TX (Nov. 2), Denver, CO (Nov
8), Sacramento, CA (Nov. 14). For further information, check with
www.ed.gov/IDEA.
States must now revise their regulations to comply with the federal
regulations.
LEGISLATION
The reauthorization of The Carl D. Perkins Vocational and Technical
Education Act (S. 250) was signed into law on August 14. In the
new law, P.L. 109-247, the term "vocational" is changed
to "career and technical". Career and Technical Education
(CTE) programs will be required to report state test results
and graduation rates, and establish "programs of study" to
integrate academic and career-oriented courses.
Action on appropriations for Labor, Health And Human Services
and Education which passed both House and Senate is not expected
until after the elections.
Further action on both the Senate "Stop Overspending Bill" (S
3521) and House Sunset Commission Bills ("Government Efficiency
Act," (H.R.5766) and the "Abolishment of Obsolete Agencies
and Federal Sunset Act,"(H.R. 3282) is not expected in this
Congress. However, the Senate may consider the Line Item Veto Bill
(HR 4890) passed by the House on June 22.
Reauthorization of The Workforce Investment Act is not expected
to pass in this Congress.
Protecting Children's Health in Schools Act of 2006 (S. 3705,
H.R. 5834) would ensure that school districts can claim and receive
reimbursement from Medicaid for expenses of providing needed medical
and health care services for eligible school children with disabilities.
EXECUTIVE BRANCH
DEPARTMENT OF EDUCATION
Troy R. Justensen, former Deputy Assistant Secretary for Special
Education and Rehabilitative Services, has been confirmed as the
Assistant Secretary for Vocational and Adult Education.
The Office of Civil Rights pamphlet on "Students with Disabilities
Preparing for Postsecondary Education: Know Your Rights and Responsibilities" has
been updated. The publication can be downloaded from http://www.ed.gov/about/offices/list/ocr/transition.html or ordered by calling 1-877-433-7827.
THE COMMISSION ON NO CHILD LEFT BEHIND (www.aspeninstitute.org)
On August 2, the Commissioners Judy Heumann and Ed Sontag co-chaired
a roundtable on the impact of NCLB on students with disabilities.
Panelists included Susan Durant, Director, Office of Exceptional
Children, South Carolina Department of Education; David Rose Co-Founding
Director of CAST; Martha Thurlow, the Director of the National
Center on Educational Outcomes; Gwendolyn Mason, Director of the
Department of Special Education Services in Montgomery County,
Maryland ; Katy Beh Neas, Co-Chair of the Education Task Force
of the Consortium for Citizens with Disabilities; Ricki Sabia,
Associate Director of the National Down Syndrome Society National
Policy Center, and Patti Ralabate, a Professional Associate for
Special Needs with the National Education Association.
On August 4, Commissioner Chris Edley chaired a roundtable on the
impact of NCLB on High Schools. Panelists included Governor Gaston
Caperton, President, The College Board, Governor Bob Wise with
the Alliance for Excellent Education, Michael Cohen, the President
of Achieve, Robert Balfanz, an Associate Research Scientist at
the Center for Social Organization of Schools at Johns Hopkins
University, Fredreka Schouten, with Education Trust and Becky Pringle,
a teacher and Chair of the NEA ESEA Advisory Committee at the National
Education Association.
The final sessions will be on State Standards: Assessing
Differences in Quality and Rigor and how they impact NCLB (Lesley
University, Cambridge MA, Aug 31) and Improving NCLB: Successes,
Concerns, and Solutions (Washington DC on September 25).
Recommendations to Congress will be made in early 2007.
LDA News from Washington is a periodic publication of The Learning
Disabilities Association of America, Inc. containing news of interest
to the volunteer and administrative leadership of National LDA
and its State and Local Affiliates written by LDA's Washington
Representative, Justine Maloney. LDA members wishing to be added
to the email list may contact LDA. |
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