COVID-19   Law    Advocacy    Topics A-Z     Training    Wrights' Blog   Wrightslaw Store    Yellow Pages for Kids 
 Home > News > IDEA 2004 Regulations Available, Reformatted by Wrightslaw (08/09/06)

The Special Ed Advocate newsletter
It's Unique ... and Free!

Enter your email address below:

Training Programs

June 5-8 - San Antonio, TX

Aug. 22 - TRT-CLE

Sept. 24 - MD via ZOOM

Full Schedule


Topics from A-Z
Free Newsletter
Seminars & Training
Yellow Pages for Kids
Press Room

Books & Training

Wrightslaw Storesecure store lock
  Advocate's Store
  Student Bookstore
  Exam Copies
Training Center
Mail & Fax Orders

Advocacy Library

Cool Tools
Doing Your Homework
Ask the Advocate
Newsletter Archives
Short Course Series
Success Stories

Law Library

Fed Court Complaints
IDEA 2004
McKinney-Vento Homeless
Section 504


American Indian
Assistive Technology
Autism Spectrum
Behavior & Discipline
College/Continuing Ed
Due Process
Early Intervention
  (Part C)

Episodic, such as
   Allergies, Asthma,
   Diabetes, Epilepsy, etc

Future Planning
High-Stakes Tests
Homeless Children
IDEA 2004
Identification & Child Find
Juvenile Justice
Law School & Clinics
Letters & Paper Trails
LRE / Inclusion
Military / DOD
Parental Protections
PE and Adapted PE
Privacy & Records
Procedural Safeguards
Progress Monitoring
Related Services
Research Based

Response to Intervention

Restraints / Seclusion
   and Abuse

School Report Cards
Section 504
Teachers & Principals
Twice Exceptional (2e)
VA Special Education

Resources & Directories

Advocate's Bookstore
Advocacy Resources
  Disability Groups
  State DOEs
  State PTIs
Free Flyers
Free Pubs
Free Newsletters
Legal & Advocacy
   Legal Terms
   Assessment Terms
Best School Websites


IDEA Regs Available, Reformatted by Wrightslaw

Print this page

On Thursday, August 3, the U. S. Department of Education announced that the regulations to implement IDEA 2004 were available to the public. (Dept of Ed Issues IDEA 2004 Regulations)

According to the news release from the Education Department, "The Department has prepared a user-friendly package to help guide the public through these changes." This package "includes an analysis of the public's comments, a summary of the major changes since publication of the proposed regulations, and several appendices, including an index and additional guidance for implementing the regulations."

The user-friendly package was also 1,710 pages long!

You can download the user-friendly package from the Department of Education site at

Wrightslaw Reformats IDEA 2004 Regs - and Why

When we downloaded the package from the Education Department, we saw that the regulations were buried deep in the 1,700 page document and were very difficult to read (double-spaced, Courier, 12 points).

Regulations include sections, subsections, and subsections to a subsection. They are intended to be read and understood in an outline format. The package from the Department of Education did not visually indent the subsections, making them difficult to follow and understand.

We decided to reformat the regulations. We divided the large file into shorter files (i.e. Subpart A, Subpart B, etc) that track the IDEA statute and indented the text. These changes should make the regulations easier to understand. The IDEA 2004 regulations are now about 100 pages long.

You may be interested in the Summary of Changes in the IDEA 2004 Regulations (10 pages, pdf)

Table of Regulations (5 pages, pdf)

Subpart A - General - Includes Purposes, Definitions (11 pages, pdf)

Subpart B - State Eligibility, General - Includes FAPE and LRE requirements, ESY, services to children in private schools, state and LEA eligibility (25 pages, pdf)

Subpart C - Local Educational Agency Eligibility - Includes Early Intervening Services (6 pages, pdf)

Subpart D - Evaluations, Reevaluations, Eligibility, Individualized Education Programs, and Educational Placements
(12 pages, pdf)

Subpart E - Procedural Safeguards - Includes due process procedures, procedural safeguards notice, mediation, 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. (14 pages, pdf)

Subpart F - Monitoring, Enforcement, Confidentiality, and Program Information (8 pages, pdf)

Subpart G - Authorization; Allotment; Use of Funds; Authorization of Appropriations (10 pages, pdf)

Subpart H - Preschool Grants for Children with Disabilities (3 pages, pdf)

Model Forms Not Published

According to 20 USC Section 1417(e), model IEP, IFSP, Procedural Safeguard Notice, and Prior Written Notice forms shall be published "No later than the date that the Secretary publishes final regulations ..." (See page 124 of Wrightslaw: IDEA 2004.) When we searched the regs, we did not find the model forms. Will the model forms be available when the regs are published in the Federal Register?

We don't know. According to the August 3 news release published by the Education Department, "Once the final regulations are published in the Federal Register, the Department will also publish and widely disseminate through its Web site a set of model forms for individualized education programs (IEPs), notices of procedural safeguards and prior written notices as required under IDEA." Read full text of news release

Guidance from Dept of Ed

Since the Individuals with Disabilities Education Act of 2004 took effect on July 1, 2005, the Department of Education has published documents about changes in the law. Each document focuses on a specific topic (IEPs, assessments, discipline, etc.) See Changes in IDEA 2004: Documents from OSEP

Learn more about the law and regulations at the IDEA 2004 Statute and Regulations page.

Created: 08/09/06
Revised: 00/00/06

Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon The Special Ed Advocate: It's Free!