Federal

Department Releases Guidelines on Choice

December 11, 2002 3 min read
  • Save to favorites
  • Print

The Department of Education spelled out last week how students with disabilities should be accommodated under federal requirements on school choice.

Read the draft guidance on Public School Choice, Dec. 4, 2002, from the Education Department. (Requires Adobe’s Acrobat Reader.)

Beyond that issue, the draft guidance released Dec. 4 on school choice provisions in the new federal education law appeared not to delve much into matters the department hadn’t already covered, or to offer any real surprises. The agency put out final Title I regulations late last month that codified some of the most significant requirements of the “No Child Left Behind” Act of 2001 when it comes to choice. (“Final Rules Give States Direction, Little Flexibility,” Dec. 4, 2002.)

And last June, Secretary of Education Rod Paige sent states and school districts a letter giving preliminary guidance on some of the core issues related to meeting the choice mandate.

The draft guidance, however, arrived a few months after states and school districts were supposed to first meet the school choice requirements.

Under the federal law, a revision of the Elementary and Secondary Education Act, districts must allow students to transfer out of persistently low-performing schools. A school system must use a portion of its federal Title I aid to pay the transportation costs to send those students to higher-performing schools in the district.

The draft guidance issued last week, written in a question-and-answer format, tackles 66 questions about the school choice mandate, such as the timing and duration of the option, the eligibility of students, when and how to notify parents, potential conflicts with desegregation orders, and funding.

The document makes clear that students with disabilities must be allowed to transfer out of schools that are deemed low-performing, but says districts do not necessarily have to offer them the same options as those given to students without disabilities.

“In offering choice to students with disabilities, school districts may match the abilities and needs of a student with disabilities to the possible schools that have the ability to provide the student [a free, appropriate public education],” the department writes in the draft guidance. Districts cannot send those students to another school that has been labeled low-performing, the department says.

School Responsibilities

The guidance also addresses the responsibilities of schools that receive transfer students with disabilities.

For instance, it says those schools must comply with all federal requirements relating to students with disabilities, including accessibility provisions. Also, it says the district could allow the school of choice either to implement the transfer student’s individualized education plan developed by the prior school for the new school year, or convene an IEP team and draw up a new one to meet that student’s needs.

In other areas, the guidance reiterates key aspects of the school choice requirements that the Education Department has already made clear, some of which have proved controversial. For example, the final Title I regulations say that a district cannot use lack of capacity as an excuse to deny students alternative schools to attend.

The guidance also reiterates the stipulation in the final regulations that districts provide more than one choice option.

Melinda Malico, a department spokeswoman, said that, while the guidance technically is in draft form, “People can rely on it. It is the guidance,” and department officials will consider those that follow this approach to be in compliance with the applicable federal requirements.

A version of this article appeared in the December 11, 2002 edition of Education Week as Department Releases Guidelines on Choice

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Equity & Diversity Webinar
Classroom Strategies for Building Equity and Student Confidence
Shape equity, confidence, and success for your middle school students. Join the discussion and Q&A for proven strategies.
Content provided by Project Lead The Way
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Professional Development Webinar
Disrupting PD Day in Schools with Continuous Professional Learning Experiences
Hear how this NC School District achieved district-wide change by shifting from traditional PD days to year-long professional learning cycles
Content provided by BetterLesson
Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and other jobs in K-12 education at the EdWeek Top School Jobs virtual career fair.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal How Schools Fare in Biden's Proposed Budget
President Joe Biden released his fiscal 2024 budget, which calls for more money for preschool, Title I, and special education.
7 min read
President Joe Biden speaks about his 2024 budget proposal at the Finishing Trades Institute, Thursday, March 9, 2023, in Philadelphia.
President Joe Biden speaks about his 2024 budget proposal at the Finishing Trades Institute, Thursday, March 9, 2023, in Philadelphia.
Evan Vucci/AP
Federal The Push for a $60K Base Teacher Salary Gains Steam as Bernie Sanders Signs On
Sanders' legislation complements a proposal in the House and comes as state lawmakers from both parties prioritize legislation to boost teacher pay.
6 min read
Sen. Bernie Sanders, I-Vt., outlines his priorities during an interview in his Capitol Hill office, Feb. 7, 2023.
Sen. Bernie Sanders, I-Vt., outlines his priorities during an interview in his Capitol Hill office, Feb. 7, 2023.
J. Scott Applewhite/AP
Federal Q&A Ending 'Government-Run Monopoly' on Schools Is Top Priority for Rep. Virginia Foxx
The Republican chair of the U.S. House's education committee plans to pass parents' rights and school choice bills.
5 min read
House Education and Workforce Committee Chair Rep. Virginia Foxx, R-N.C., greets then-Health and Human Services Secretary Alex Azar at the conclusion of a House Education and Workforce Committee hearing on "Examining the Policies and Priorities of the U.S. Department of Health and Human Services.' Capitol Hill in Washington, Wednesday, June 6, 2018.
House Education and Workforce Committee Chair Rep. Virginia Foxx, R-N.C., greets then-Health and Human Services Secretary Alex Azar at the conclusion of a House Education and Workforce Committee hearing on Capitol Hill in Washington in June 2018. Foxx spoke to Education Week about her priorities as she becomes chair of the committee for a second time.
Carolyn Kaster/AP
Federal Opinion Is This the Key to Unlocking Breakthrough Education Research?
An innovative federal R&D program for education is getting underway. Rick Hess and Jal Mehta discuss their mixed feelings about it.
5 min read
Image shows a multi-tailed arrow hitting the bullseye of a target.
DigitalVision Vectors/Getty