Alert! Proposed IDEA 2004 Regs Available Now! (June 12, 2005)

Dept of Ed Issues Proposed IDEA 2004 Regulations

On Friday, June 10, Troy Justesen, acting director of the Office of Special Education Programs, announced that the proposed regulations to implement IDEA were available to the public. (Read Dept of Ed Issues Proposed IDEA 2004 Regulations)

According to Dr. Justesen, "the Department is posting an unofficial copy of the regulations on its Web site at URL: http://www.ed.gov/policy/speced/guid/idea/idea2004.html."

Wrightslaw Reformats Regs - and Why

When we downloaded the proposed regulations, we discovered that they were 652 pages long (double-spaced, Courier, 12 points) and very difficult to read.

The original publication issued by the U. S. Department of Education, in advance of the official release and publication in the Federal Register, included a discussion and explanation about the proposed changes, in addition to the proposed regulations.

For example in original publication, the first proposed regulation, 34 C.F.R. § 300.1, Purposes, does not appear until page 301.

To make the regulations more accessible, we reformatted the original document into two shorter files:

Proposed IDEA Regulations (97 pages)
URL: https://www.wrightslaw.com/idea/law/idea.regs.propose.pdf

Explanations & Commentary (65 pages)
URL: https://www.wrightslaw.com/idea/law/idea.regs.explain.pdf

Regulations include sections, subsections, and subsections to a subsection. They are intended to be read and understood in an outline format. The original document did not visually indent each subsection of a section, making it difficult to read and understand.

When we reformatted the document, we indented the text so it is easier to read and understand.

We think this will make the regulations more useful, and easier to read and study. These two publications are also less cumbersome, less intimidating, and less expensive to print,

Proposed IDEA 2004 Regulations

Proposed IDEA 2004 Regulations (97 pages in pdf) contains the Department of Education's proposed changes to the IDEA regulations. The first four-and-a-half pages of this document are a list or Table of Contents of the proposed regulations, by section number.

(Reader Note: We deleted lengthy tables and discussions about funding formulas.)

Explanations & Commentary

Explanations and Commentary for IDEA 2004 Regulations (65 pages in pdf) includes the Dept of Ed's comments and explanations about their rationale for specific changes.

To learn how to submit a comment (i.e., issues, deadlines, addresses, how to to send, etc.), please read pages 1 and 2 of Explanations and Commentary.

(Reader Note: In the interest of space, lengthy comments about topics of minimal interest to Wrightslaw readers was excluded, such as pages and pages about procedures for collection of information.)

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:

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

Additional meetings may be scheduled in other locations later.

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.

How to Make a Comment

These proposed regulations will have a significant 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 about this process, please read Explanations and Commentary.

At a Public Meeting

You can provide oral and written comments about the proposed regulations at the meetings. You may provide written comments to accompany oral remarks if you wish. You register to comment at the door, on a first-come first-served basis.

In Writing

You can also submit written comments or suggestions about the proposed regulations. Submit written comments electronically to IDEAComments@ed.gov

After the Department of Education reviews all public comments, they will revise the regulations and publish the Final Regulations in the Federal Register. This is not expected until December 2005 at the earliest.

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

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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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