Wrightslaw - US Dept of Ed Status Report re delayed Special Regs

UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES
THE ASSISTANT SECRETARY

FINAL REGULATIONS FOR IDEA 97

DATE: July 1, 1998

TO: Directors of Parent Training Institutes
cc: State Directors of Special Education

FROM: Judith E Heumann

SUBJECT: Final Regulations for IDEA 97

I want to give you a status report on the final regulations for the Individuals with Disabilities Education Act Amendments of 1997 (IDEA '97). I had hoped that final regulations would be published no later than July 1, however, that is not possible. My goal has been and continues to be to move as quickly as possible to publish final regulations, but to act responsibly and take very seriously each comment that we received on the Notice of Proposed Rule Making (NPRM). This has meant that when I had to choose between issuing the final regulations in a short time period or taking more time to allow for thoroughly studying complex issues, I have chosen to take the time needed to ensure a well thought-out response. As a result, it is not possible to give you a date certain for the publication of the final regulations.

Some of you have asked what regulations should be followed until final regulations have been published. States are bound by the statute (IDEA '97) and existing regulations that are not inconsistent with IDEA '97. States would also be expected to conduct monitoring of local School Districts based on the statute and existing regulations that are not inconsistent with IDEA '97 pending publication of the final regulations.
Some of you have indicated an interest in the Regulations Training Workshops. Final dates will be set for the Workshops, that were tentatively scheduled for July and August, as soon as we have a date certain for the publication of final regulations. Since these Workshops focus on the regulations changes, it would be premature for us to move forward on the Regulations Workshops and commit resources for hotel meeting spaces, before we have a specific date for final regulations publication.

As you begin the new school year, if you have questions, please feel free to call the OSEP State Contact for your State. You also may call Dr. JoLeta Reynolds at 202-205-5507, if you have policy questions.

I appreciate all you are doing to implement IDEA '97 and wish for you much success during the coming months.


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