Wrightslaw Alert

IDEA Rights In Danger:
Feds Propose Requirements for Multi-Year IEPs and Paperwork Reduction

Download the full text of this Alert at https://www.wrightslaw.com/nltr/06/al.0302.idea.danger.htm

Your help is urgently needed.

On December 19, the U.S. Department of Education published the proposed requirements and selection criteria for two pilot projects, the Multi-Year IEP and Paperwork Waiver programs.

These are the rules that States must follow in implementing these pilot programs and the criteria that the Department will use to decide which States will participate in each pilot program.

The proposed requirements and selection criteria for these pilot programs expand the scope of these pilots beyond what Congress intended and do not adequately protect the educational rights of children with disabilities.

The public has until March 6th to comment on these proposed requirements and criteria. After that date, the Department will publish the final requirements and criteria.

The National Down Syndrome Congress (NDSC) and the National Down Syndrome Society (NDSS) submitted joint comments and recommendations on the Multi-Year IEP and Paperwork Waiver programs. They need your help and support now.

What? Please send an email to the U. S. Department of Education and Congress. Urge the Department of Education not to erode IDEA civil rights and the IEP.

How? Visit http://capwiz.com/ndss/issues/alert/?alertid=8519506 and type your zip code in the box at the top of the page to send a prepared email along with your comments to the Department of Education and Congress.

When? The deadline to submit comments is March 6, 2006.

Background

IDEA 2004 permits two demonstration programs, also known as “pilots.”

The Multi-Year IEP pilot allows up to 15 states to seek approval for proposals to offer parents the option of a multi-year IEP. IDEA states that this pilot was developed to offer the opportunity for long-term planning.

The Paperwork Waiver Pilot allows up to 15 states to seek waivers of certain IDEA statutory and regulatory requirements for a period that is not to exceed 4 years.

IDEA states that the purpose of this pilot is to reduce excessive paperwork and non-instructional time burdens that do not assist in improving educational and functional results for students with disabilities. The statute also mandates that procedural safeguards, civil rights requirements, and the right to a free appropriate public education (FAPE) may not be waived or affected.

The U. S. Department of Education appears to have exceeded its authority by expanding the scope of these pilots beyond the requirements of the statute.

Concerns

Here is a very brief summary of concerns. For more information about these issues, please read the full text of this Alert.

FAPE, IEPs, IEP Process

The proposed requirements for the pilot programs threaten FAPE and could change the IEP and the IEP process forever.

The proposed requirements for BOTH pilots would allow up to 30 States to create IEPs that differ in their content, development, review and revision from the annual IEPs you have been using.

Inadequate Parental Input

Parental input is critically important to ensure that long-term planning and paperwork reduction are not achieved at the expense of student outcomes and the informed involvement of parents in their child’s education.

IEP Requirements, Parental Consent May Be Waived

According to the proposed requirements for the Paperwork Waiver Pilot, IEP requirements AND other statutory, regulatory and State requirements may be waived.

Vague Standards

The standards for selecting these waivers are dangerously vague. Parental consent, which is required for a multi-year IEP, is not required for these other waivers.

Call to Action

Parents, friends, family members of children with disabilities, and organizations that represent their interests need to send emails to the U.S. Department of Education and Congress by March 6, 2006.

It is essential to show that there is extensive grassroots support for recommendations to improve the proposed requirements and selection criteria for the Multi-Year IEP and Paperwork Waiver pilot programs.

NDSS and NCSC prepared an email that will take only a few minutes for you to complete and send.

Pete and Pam Wright ask you to take one more step. Your email will be far more effective and powerful if you personalize it by including a story about your child and why the annual IEP and the IEP process is important to your child's education and educational outcomes.

Visit http://capwiz.com/ndss/issues/alert/?alertid=8519506 and type your zip code in the box at the top of the page to send the prepared email to the Department of Education and Congress. Don't forget to add a personal comment or story to your email.

The deadline to submit your comments is March 6, 2006.

Note from Pete & Pam Wright: Although this alert came from the NDSS and NDSC, these issues affect all children with disabilities.

For more information about these issues, read Protect Educational Rights Under IDEA: Multi-Year IEP and Paperwork Waiver Programs Pose Dangers - the article includes links to the proposed requirements and comments and how to express your thoughts by email as described in the Call to Action - thank you!https://www.wrightslaw.com/news/06/idea.pilots.dangers.htm

Learn More

IDEA 2004

Protect Educational Rights Under IDEA: Multi-Year IEP and Paperwork Waiver Programs Pose Dangers includes more information about the issues and links to the proposed requirements and comments at: https://www.wrightslaw.com/news/06/idea.pilots.dangers.htm

IDEA at Wrightslaw - The authorization of any new law brings differing interpretations and questions. The purpose of IDEA 2004 at Wrightslaw is to help you find answers to your questions and learn do your own legal research.

Full Text of NDSS/NDSC Comments on the Pilot programs

Paperwork Reduction: http://capwiz.com/ndss/issues/alert/?alertid=8519366

Multi-Year IEP: http://capwiz.com/ndss/issues/alert/?alertid=8519391