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Coming Soon? IDEA 2004 Regulations Under Review

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The U. S. Department of Education has sent the IDEA 2004 regulations to the Office of Management and Budget. OMB reviews federal regulations for compliance with regulatory principles and to a cost-benefit analysis.

This review by OMB is usually the last step before federal regulations are published.

There are exceptions that can extend the review process: OMB may have a 30-day extension and the director may request an extension. If OMB determines that there are problems with the regulations, they will send the regulations back to the Education Department.

Assuming the final regulations pass muster with OMB, they will probably be published within the next few weeks - the expected date is early to mid-August.

Why Are the Regulations So Important?

The purpose of regulations is to clarify and explain the law. A regulation must be consistent with the law.

The Education Department is required to develop the federal special education regulations.

After the Education Department issued the proposed IDEA regulations on June 11, 2005, public hearings were held and comments were received.

Will the Regulations Clarify Thorny Issues?

The reauthorized IDEA 2004 statute includes significant changes in many key areas, including:

  • child find
  • qualifications for special education teachers
  • use of Response to Intervention to identify children with specific learning disabilities
  • new requirements for state and district assessments, alternative assessments, accommodations guidelines
  • new requirements for early intervening services
  • new timelines for evaluations
  • new requirements about "educational need," academic achievement and functional performance
  • new requirements for IEPs, IEP team members, IEP meetings
  • new requirements for students who transfer (in-state and out-of-state)
  • multi-year IEPs
  • new procedures and timelines for due process hearings

Will the final IDEA 2004 regulations clarify these issues?

In August, we may have answers to these questions.

We will send an Alert to newsletter subscribers when the final regulations are published.

IDEA 2004 Webcasts

After we have analyzed the final IDEA 2004 regulations, we will have several webcast events about the regulations and their impact.

Stay tuned!

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IDEA 2004 Resources

IDEA 2004 Regulations

Proposed IDEA Regulations Reformatted by Wrightslaw - The proposed special education regulations issued by the Dept of Education on June 10 were 652 pages long. To make the regulations more accessible, we reformatted this long document into two documents:

IDEA 2004 Regulations: Proposed
- 97 pages in pdf
http://www.wrightslaw.com/idea/law/idea.regs.propose.pdf

IDEA 2004 Regulations: Explanations and Commentary
- 65 pages
in pdf
http://www.wrightslaw.com/idea/law/idea.regs.explain.pdf

IDEA 2004 Regulations: Questions & Answers. Since the IDEA 2004 regulations will not be published until 2006, how will the law be implemented? The Council of Parent Attorneys & Advocates has some answers.

What You Need to Know About IDEA 2004

IDEA 2004: What You Need to Know About IEPs, Highly Qualified Teachers & Research Based Instruction

IDEA 2004: What You Need to Know About Specific Learning Disabilities: Discrepancy v. Response to Intervention Models

IDEA 2004: What You Need to Know About IEPs & IEP Meetings



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