Dept of Ed seeks comments to clarify amended disabalities law (IDEA)

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Federal Register: December 29, 2004

Proposed Rules

DEPARTMENT OF EDUCATION

34 CFR Parts 300 and 303

Individuals With Disabilities Education Act, as Amended by the

Individuals With Disabilities Education Improvement Act of 2004

AGENCY: Office of Special Education and Rehabilitative Services,

Department of Education.

ACTION: Notice of request for comments and recommendations on

regulatory issues under the Individuals with Disabilities Education

Act (IDEA), as amended by the Individuals with Disabilities Education

Improvement Act of 2004.

SUMMARY: The Secretary of Education solicits comments and

recommendations from the public prior to developing and publishing

proposed regulations under 34 CFR parts 300 and 303 to implement

programs under the recently amended IDEA. The Secretary also

announces plans to hold informal public meetings to seek further

input about those regulations in light of the statutory amendments.

DATES: In order to be assured of consideration as we develop proposed

regulations, comments and recommendations should be received on or

before February 28, 2005.

ADDRESSES: Address all comments and recommendations to: Office of

Special Education and Rehabilitative Services, U.S. Department of

Education, 400 land Avenue, SW., Potomac Center Plaza, room 5126,

Washington, DC 20202-2641. If you prefer to send your comments

through the Internet, you may address them to us at the U.S.

Government Web site: http://www.regulations.gov.

Or you may send your Internet comments to us at the following

address: comments@....

You must include the term ``Comments on IDEA-2004'' in the

subject line of your electronic message. (Note that the term in the

preceding sentence means comments submitted in response to changes

made to the IDEA by the Individuals with Disabilities Education

Improvement Act of 2004.)

Please submit your comments only one time, in order to ensure

that we do not receive duplicate copies.

FOR FURTHER INFORMATION CONTACT: Troy R. Justesen. Telephone: (202)

245-7468.

If you use a telecommunications device for the deaf (TDD), you

may call the Federal Relay Service (FRS) at 1-800-877-8339.

Individuals with disabilities may obtain this document in an

alternative

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format (e.g., Braille, large print, audiotape, or computer diskette)

by contacting the person listed under FOR FURTHER INFORMATION CONTACT.

SUPPLEMENTARY INFORMATION:

Background

On December 3, 2004, the President signed into law Pub. L. 108-

446, 118 Stat. 2647, the Individuals with Disabilities Education

Improvement Act of 2004, amending the IDEA. Copies of the new law may

be obtained at the following Web site:

http://www.gpoaccess.gov/plaws/index.html.

Enactment of the new law provides an opportunity to consider

improvements in the regulations implementing the IDEA in 34 CFR parts

300 and 303 that would strengthen the Federal effort to ensure the

provision of early intervention services to infants and toddlers with

disabilities and their families and ensure every child with a

disability has available a free appropriate public education that:

(1) Is of high quality, and (2) is designed to achieve the high

standards reflected in the No Child Left Behind Act of 2001.

Invitation To Comment

We invite you to submit comments and recommendations regarding

changes to 34 CFR parts 300 and 303 that you believe are needed,

particularly to clarify a provision in the new law or to facilitate

its implementation. We encourage you to make your comments as

specific as possible regarding the nature and scope of regulatory

action necessary to achieve the objective you are seeking. Also, if

appropriate to your comments, please identify the specific part and

section (or subsection) of the amended IDEA that is the subject of

your recommendations, and specify how a proposed change to a given

provision in the regulations will clarify or help to improve

implementation of the new statutory provision.

Please include the following with your comments and

recommendations: A description of the area of your involvement in

special education, regular education or early intervention, as well

as your role, if any, in that area (e.g., parent, teacher, student,

service provider, administrator, or researcher).

During and after the comment period, you may inspect all public

comments about this notice in room 5126, Potomac Center Plaza, 550

12th Street, SW., Washington, DC, between the hours of 8:30 a.m. and

4 p.m., eastern time, Monday through Friday of each week except

Federal holidays.

Assistance to Individuals With Disabilities in Reviewing the Comments

On request, we will supply an appropriate aid, such as a reader

or print magnifier, to an individual with a disability who needs

assistance to review the comments and recommendations. If you want to

schedule an appointment for this type of aid, please contact the

person listed under FOR FURTHER INFORMATION CONTACT.

Announcement of Public Meetings

The following is a preliminary announcement of our plans to hold

a series of informal meetings during the first few months of calendar

year 2005, to seek comments and recommendations for developing

regulations, as needed, based on the Individuals with Disabilities

Education Improvement Act of 2004. The meetings will be in the

following locations:

Atlanta, GA;

Newark, NJ;

Boston, MA;

Columbus, OH;

San Diego, CA;

Laramie, WY; and

Washington, DC.

We will notify you through notices published in the Federal

Register of the specific dates and locations of each of these

meetings, as well as other relevant information.