Final IDEA Regulations

Secretary Spellings Announces Final IDEA Regulations

Mary Beth Klotz, PhD, NCSP, NASP Director of IDEA Projects and Technical Assistance

August 3, 2006 - U.S. Secretary of Education Margaret Spellings announced the long-awaited release of the final regulations for Part B of the IDEA 2004 law at a meeting held in Washington D.C. NASP staff were represented at the IDEA event, in which John Hager, Assistant Secretary of the Office of Special Education and Rehabilitation Services (OSERS), and Alexa Posny, Director of the Office of Special Education Programs (OSEP), gave remarks outlining the content and changes contained in the regulations. The U.S. Department of Education (ED) has posted an unofficial copy of the final regulations on their website at www.ed.gov/idea. An official copy of the final Part B regulations of the IDEA will be published in the Federal Register on August 14, 2006. The final regulations will become effective 60 days after publication in the Federal Register.

The release of the regulations concludes a process that began in January of 2005 with a series of public meetings at which ED received input on the development of these new rules. ED held another series of public meetings last summer after the release of the proposed regulations on June 21, 2005. More than 5,500 people gave comments on the proposed regulations, the most ever received by ED. Secretary Spellings emphasized that every comment was reviewed and analyzed by her staff and that the Department appreciated the enormous participation of parents and the educational community in the process. NASP leaders and staff gave input at the public meetings and in writing on both the formulation and revision of the proposed regulations.

Secretary Spellings provided a few highlights from the 1,705 pages of the final regulations, noting that the top three issues that were commented on and that received the greatest revisions by ED were Response to Intervention (RTI), Highly Qualified Teachers, and Private Schools. The Preamble to the regulations represents approximately 70 percent of the document and includes: 1) a summary of the major changes to the proposed regulations, 2) a summary and discussion of the public comments and whether the Department chose to make changes based on the comments, and 3) an analysis of the costs and benefits of the law.

Other announcements at the meeting included that the proposed regulations for Part C were not yet ready for release, and that the writing for the regulations on the Individualized Education Programs (IEPs) and paperwork reduction demonstration projects was still in progress.

The Department of Education will be offering to the educational community numerous activities, technical assistance, and guidance on the law and regulations. These activities and resources include the OSEP leadership conference in August; briefings at national and state conferences and meetings; a video explaining the regulations; and a DVD and CD that contain searchable copies of the regulations and explanations of the changes. A set of model forms for IEPs, and notices of procedural safeguards and prior written notices as required under IDEA will be posted on the ED website. Topical briefs similar to those that were provided on the statute will also be developed shortly. NASP will be participating with the IDEA Partnership in the development of Dialogue Guides on the regulatory topical briefs (see: www.ideapartnership.org/partnership5.cfm). In addition, the Department will have a dedicated webpage for the regulations with links to these supporting materials.

NASP will continue to provide members with updated information on the IDEA regulations by providing timely news, articles, web resources, and professional development opportunities at our annual convention and summer conferences.

See the NASP IDEA Information webpage www.nasponline.org/advocacy/IDEAinformation.html

Join the NASP SPAN Listserv www.nasponline.org/advocacy/SPAN_sub.html to receive periodic alerts and updates regarding major policy issues affecting school psychology.

From the U.S. Department of Education, Office of Special Education and Rehabilitative Services (OSERS):

Press release for the August 3, 2006 IDEA event:
http://www.ed.gov/news/pressreleases/2006/08/08032006b.html

Fact sheet on the new regulations: http://www.ed.gov/admins/lead/speced/ideafactsheet.html

Toolkit on Teaching and Assessing Students with Disabilities: www.osepideasthatwork.org/toolkit/index.asp

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	Secretary Spellings Announces Final IDEA Regulations Mary Beth Klotz, PhD, NCSP, NASP Director of IDEA Projects and Technical Assistance August 3, 2006 - U.S. Secretary of Education Margaret Spellings announced the long-awaited release of the final regulations for Part B of the IDEA 2004 law at a meeting held in Washington D.C. NASP staff were represented at the IDEA event, in which John Hager, Assistant Secretary of the Office of Special Education and Rehabilitation Services (OSERS), and Alexa Posny, Director of the Office of Special Education Programs (OSEP), gave remarks outlining the content and changes contained in the regulations. The U.S. Department of Education (ED) has posted an unofficial copy of the final regulations on their website at www.ed.gov/idea. An official copy of the final Part B regulations of the IDEA will be published in the Federal Register on August 14, 2006. The final regulations will become effective 60 days after publication in the Federal Register. The release of the regulations concludes a process that began in January of 2005 with a series of public meetings at which ED received input on the development of these new rules. ED held another series of public meetings last summer after the release of the proposed regulations on June 21, 2005. More than 5,500 people gave comments on the proposed regulations, the most ever received by ED. Secretary Spellings emphasized that every comment was reviewed and analyzed by her staff and that the Department appreciated the enormous participation of parents and the educational community in the process. NASP leaders and staff gave input at the public meetings and in writing on both the formulation and revision of the proposed regulations. Secretary Spellings provided a few highlights from the 1,705 pages of the final regulations, noting that the top three issues that were commented on and that received the greatest revisions by ED were Response to Intervention (RTI), Highly Qualified Teachers, and Private Schools. The Preamble to the regulations represents approximately 70 percent of the document and includes: 1) a summary of the major changes to the proposed regulations, 2) a summary and discussion of the public comments and whether the Department chose to make changes based on the comments, and 3) an analysis of the costs and benefits of the law. Other announcements at the meeting included that the proposed regulations for Part C were not yet ready for release, and that the writing for the regulations on the Individualized Education Programs (IEPs) and paperwork reduction demonstration projects was still in progress. The Department of Education will be offering to the educational community numerous activities, technical assistance, and guidance on the law and regulations. These activities and resources include the OSEP leadership conference in August; briefings at national and state conferences and meetings; a video explaining the regulations; and a DVD and CD that contain searchable copies of the regulations and explanations of the changes. A set of model forms for IEPs, and notices of procedural safeguards and prior written notices as required under IDEA will be posted on the ED website. Topical briefs similar to those that were provided on the statute will also be developed shortly. NASP will be participating with the IDEA Partnership in the development of Dialogue Guides on the regulatory topical briefs (see: www.ideapartnership.org/partnership5.cfm). In addition, the Department will have a dedicated webpage for the regulations with links to these supporting materials. NASP will continue to provide members with updated information on the IDEA regulations by providing timely news, articles, web resources, and professional development opportunities at our annual convention and summer conferences. See the NASP IDEA Information webpage www.nasponline.org/advocacy/IDEAinformation.html Join the NASP SPAN Listserv www.nasponline.org/advocacy/SPAN_sub.html to receive periodic alerts and updates regarding major policy issues affecting school psychology. From the U.S. Department of Education, Office of Special Education and Rehabilitative Services (OSERS): Press release for the August 3, 2006 IDEA event: http://www.ed.gov/news/pressreleases/2006/08/08032006b.html Fact sheet on the new regulations: http://www.ed.gov/admins/lead/speced/ideafactsheet.html Toolkit on Teaching and Assessing Students with Disabilities: www.osepideasthatwork.org/toolkit/index.asp