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LDA NEWS FROM WASHINGTON
September, 2006
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.
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.
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.
Learning Disabilities Association of America
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Phone (412) 341-1515 Fax (412) 344-0224
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