Date: August 9, 2006
Issue: 362
ISSN: 1538-3202

In this Issue

1. IDEA 2004 Regs Available Now!

2. Wrightslaw Reformats Regs - and Why

3. Effective Date

4. Wrightslaw Webcasts on IDEA 2004 Regs

5. Wrightslaw Training in PA, MI, WA

6. Subscription & Contact Info

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At Wrightslaw, our mission is to help you gain the knowledge and skills you need to navigate the changing, confusing world of special education.

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1. Education Dept 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 news release from the Education Department, the preambles, regulations, and appendices were available from the Department of Education site at http://www.ed.gov/policy/speced/guid/idea/idea2004.html

2. Wrightslaw Reformats IDEA 2004 Regs - and Why

When we downloaded the IDEA 2004 regulations, they were 1,700+ pages long and difficult to read (double-spaced, Courier, 12 points). In addition to the IDEA 2004 regulations, the document included two preambles, a summary of major changes, changes made and not made in response to public comments, and several appendices.

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 the subsections which made them difficult to read and understand.

When we reformatted the regulations, we indented the text and divided the large file into shorter files (i.e. Subpart A, Subpart B, etc) that track the IDEA statute. This should make the regulations easier to read and understand. You will also 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 (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, 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. (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)

* 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. Presumably the model forms will be included when the regs are officially published in the Federal Register on August 14, 2006.

* Guidance from Dept of Ed *

Changes in IDEA 2004: Documents from OSEP - 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.) List of documents

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

3. Effective Date

The IDEA 2004 regulations go into effect 60 days after they are officially published in the Federal Register. The regulations are scheduled to be published in the Federal Register on August 14, 2006.

Thus, the federal IDEA regulations will go into effect on October 14, 2006.

4. Coming Soon! Wrightslaw Webcasts on IDEA 2005 Regs

After we have analyzed the IDEA 2004 regulations, we will schedule webcasts and online events about the regulations and their likely impact.

You will find information about these web events at the Wrightslaw WebEx Training Center.

5. Wrightslaw Training in PA, MI, WA

Wrightslaw offers a variety of special education law and advocacy programs taught by nationally-known experts in the field.
The schedule includes programs in these states and cities:

August 15: Philadelphia, PA - Special Education Law & Advocacy Training by Pete and Pam Wright, sponsored by the North Penn Special Education Council. * Register Online *

September 22: Stevensville, MI - Special Education Law & Advocacy Training by Wayne Steedman and Pat Howey, sponsored by Autism in Berrien County Speaks. * Register *

September 30: Seattle, WA - Special Education Advocacy Training by advocate and paralegal Pat Howey, sponsored by the
Snohomish County Developmental Disabilities Family Support Grant. * How to Register *

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We are now scheduling programs for 2007 and 2008. If you are interested in bringing a Wrightslaw program to your community, please read this Conference Information.

6. Subscription & Contact Info

The Special Ed Advocate is a free online newsletter about special education legal and advocacy issues, cases, and tactics and strategies. Newsletter subscribers also receive "alerts" about new cases, events, and special offers on Wrightslaw books. Subscribe

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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