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Article of Interest - IDEA

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Bridges4Kids LogoAlert! IDEA Regulations on Fast Track, Expected in June
The Special Ed Advocate Newsletter, Wrightslaw, May 20, 2005

For more articles like this visit http://www.bridges4kids.org

 

On May 18, 2005, Troy Justesen, Acting Director of the Office of Special Education Programs, was interviewed by Rachel Kosoy of the Disability Law Resource Project.

During this interview, Dr. Justesen said he expects the proposed regulations for Part B of IDEA to be available in the first or second week of June. Read Proposed IDEA Regulations on Fast Track, Expected in Early June. Proposed regulations for Parts C and D will be issued separately.

In this wide-ranging interview, Dr. Justesen answered questions on a variety of topics, including:

* Full Inclusion of Children with Disabilities & Accountability for Children with Disabilities in the Regular Education Setting

* How Regulations Are Written, Published, Revised, Published

* Notice of Proposed Rulemaking (NPRM) and Final Rule: Proposed Regulations & Final Regulations    Are Published in the Federal Register

* IDEA Regulations Will Include Language of the IDEA Statute

* Proposed Regulations for Part B Expected in Early June

* Public Comment Period: Not Less Than 75 Days

* Department of Ed Using Database to Track Comments & Concerns

* New Preamble to Regulations

* New Index of Regulations

* Regulations Will Be Reorganized to Track IDEA Statute

* Public Meetings in Summer of 2005

* How to Comment: Be Specific and Give Your Reasons

* Form Emails and Form Letters Are "Not Useful"

* IDEA Regulations Will Mirror the Statute

* Effective Date of IDEA 2004 is July 1, 2005 - "The law is the law"

* Current IDEA Regulations Provide Guidance & Answer Questions

* Conference Report Will Answer Questions

* How IDEA Is Aligned with No Child Left Behind

According to Dr. Justesen, the Department of Education expects to publish the Final Regulations within six or seven months after IDEA goes into effect on July 1, 2005 (December 2005- January 2006).

To learn more about the IDEA regulations, read Proposed IDEA Regulations on Fast Track, Expected in Early June.


Public Comments

When the proposed regulations are published, we will send out an Alert that includes a link (or links) to the proposed regulations.

You need to read these regulations. They will have a profound impact on how children with disabilities are educated. If you want a regulation changed or think a regulation is not clear, you need to advise the Department of Education about the specific changes you want made and why. To learn more about this process, please read this article.

After the Department of Education reviews public comments (they expect to receive between 10,000 and 50,000 comments), they will revise the regulations and publish the Final Regulations in the Federal Register.

Dr. Justesen indicated that the Department of Education has already received 6,500 comments, although proposed regulations have not been published. Most comments and concerns focused on the following issues:

* Due Process: Legal Assistance Unavailable to Parents
* If Parents Lose at Due Process, Do They Have to Pay School's Attorney Fees?
* Inclusion of Students with Disabilities in Assessments
* Requirements for Alternate Assessments
* Accessible Textbooks
* Early Intervening Services
* Research Based Instruction & Essential Components of Reading Instruction
* Practices for Homeless Children
* Services to Students Who Attend Private Schools
* Requirements for Highly Qualified Special Education Teachers
* Discipline - "Still a major area of concern"
* Evaluation for Specific Learning Disabilities - "Moving Away from the Discrepancy Model"
* IQ Tests: Not Intended to Be Used to Determine if Child Has a Learning Disability
* Maintenance of Effort
* 3-Year IEP Option
* New Appendix A

To learn how you can be involved - and how the Department of Education deals with comments by the public - read Proposed IDEA Regulations on Fast Track, Expected in Early June.


IDEA 2004 Information & Resources

The Law

The Individuals with Disabilities Education Improvement Act of 2004: Overview, Explanation and Comparison of IDEA 2004 & IDEA 97 by Peter W. D. Wright, Esq. describes the substantive changes to the five key statutes of IDEA 2004 by section and subsection. Text added to IDEA 2004 is in italics. Text deleted from IDEA 97 has been struck through.

We are using this publication in our training programs as a supplement to Wrightslaw: Special Education Law and Wrightslaw: From Emotions to Advocacy. If you have either of these books, we encourage you to download and print this publication and attach it to your book.

Guidance from Dept of Ed

Changes in IDEA 2004: Documents from OSEP - Since the Individuals with Disabilities Education Act of 2004 takes effect on July 1, 2005, the Department of Education is publishing documents about changes in IDEA 2004. Each document focuses on a specific topic (IEPs, assessments, discipline, etc.)

List of documents

Publications & Reports

Many legal, educational and disability organizations are publishing reports about the Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004).

IDEA 2004 Publications, Reports & Resources Page
includes links to these reports and publications.


Subscription & Contact Info

The Special Ed Advocate is a free online newsletter about special education legal and advocacy issues, cases, and tactics and strategies. Newsletter subscribers also receive "alerts" about new cases, events, and special offers on Wrightslaw books. Subscribe

Contact Info

Pete and Pam Wright
Wrightslaw & The Special Ed Advocate
P. O. Box 1008
Deltaville, VA 23043
Website: http://www.wrightslaw.com
Email: newsletter@wrightslaw.com
    

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