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Alert!
IDEA 2004 Regulations
Available Now!
Dept
of Ed Issues IDEA 2004 Regulations
On Thursday, August 3, the U. S. Department of Education announced that the regulations
to implement IDEA 2004 were available to the public. (Read Dept
of Ed Issues IDEA 2004 Regulations)
According
to the Department of Education news release, the preambles, regulations, and appendices were available from the Department of Education site at http://www.ed.gov/policy/speced/guid/idea/idea2004.html
Wrightslaw
Reformats IDEA 2004 Regs - and Why
When we downloaded the IDEA 2004 regulations, they were
1,700+ pages of long (double-spaced, Courier, 12 points) and difficult
to read.
The regulations issued by the U. S. Department of Education, in advance
of the official release and publication in the Federal Register, include
two preambles, a summary of major changes, changes made and not made to the proposed regulations in response to public comments, and several appendices, in addition to
the actual regulations.
To make the IDEA 2004 regulations more accessible, we reformatted these documents into several shorter files.
Summary of Changes in the IDEA 2004 Regulations (10 pages, pdf)
Table of Regulations (5 pages, pdf)
Subpart A - General - Includes Purposes, Definitions (10 pages, pdf)
Subpart B - State Eligibility, General - Includes FAPE and LRE requirements, ESY, services to children in private schools, state and LEA eligibility (29 pages, pdf)
Subpart C - Local Educational Agency Eligibility - Includes Early Intervening Services (8 pages, pdf)
Subpart D - Evaluations, Reevaluations, Eligibility, Individualized Education Programs, and Educational Placements (14 pages, pdf)
Subpart E - Procedural Safeguards - Includes due process procedures, procedural safeguards notice, mediaion, due process hearings, model due process form, resolution process, timelines, attorneys fees, child's status during proceedings; discipline, manifestation determination; transfer of rights at age of majority, etc. (17 pages, pdf)
Subpart F - Monitoring, Enforcement, Confidentiality, and Program Information (9 pages, pdf)
Subpart G - Authorization; Allotment; Use of Funds; Authorization of Appropriations (11 pages, pdf)
Subpart H - Preschool Grants for Children with Disabilities (4 pages, 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.
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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