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ISSN: 1538-3202
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Alert!
IDEA Regulations on Fast Track, Expected in June
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
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
Schedule
of Public Meetings
The
Department of Education announced
plans to hold seven public meetings for comments about the
proposed IDEA 2004 regulations in these locations:
Monday, June 6, 2005: San Antonio, TX
Friday, June 17, 2005: Nashville, TN
Wednesday, June 22, 2005: Sacramento, CA
Friday, June 24, 2005: Las Vegas, NV
Monday, June 27, 2005: New York, NY
Wednesday, June 29, 2005: Chicago, IL
Tuesday, July 12, 2005: Washington, DC
According to Dr. Justesen, additional meetings may be scheduled
in other locations.
Note:
These meetings will be held from 1 p.m. to 4 p.m. and from
5 p.m. to 7 p.m. Announcement
in Federal Register.
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
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Contact
Info
Pete
and Pam Wright
Wrightslaw & The Special Ed Advocate
P. O. Box 1008
Deltaville, VA 23043
Website: https://www.wrightslaw.com
Email: newsletter@wrightslaw.com
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