Special Education

Education Department Issues Proposed IDEA Regulations

By Christina A. Samuels — June 11, 2005 2 min read
  • Save to favorites
  • Print

The U.S. Department of Education released proposed regulations June 10 for the 2004 reauthorization of the Individuals with Disabilities Education Act that seek to give educators further guidance on how to serve the nation’s 6.7 million children in special education.

Though the regulations were posted on the Education Department’s Web site, the 75-day period for the public to make comments will not start until they are published in the Federal Register sometime the week of June 13, said Troy R. Justesen, the acting director of the department’s office of special education programs. The department has set a goal of issuing final regulations for the revised IDEA by December.

Mr. Justesen said the department was seeking feedback on several issues. One is the structure of the regulations themselves, which under the draft follow the outline of the law itself.

“If you have a general sense of where [a subject] is in the statute, you’ll have a general sense of where it is in the regulations,” he said. The proposed regulations also come with table so that educators can see where in the lengthy regulations particular provisions may be found, and if they’ve moved from their old location.

Mr. Justesen said he was also interested in hearing from the public about the regulations’ provisions for highly qualified teachers under the IDEA, and the changes in responsibility for students with special education needs who are placed in private schools by their parents.

The revised law, passed late last year, requires that special education teachers be “highly qualified”in every subject they teach, which has been a concern for some teachers who instruct students in more than one subject. The law also states that a school district must provide some special education services to out-of-districtstudents who attend school within that district. The provision is a change from the previous version of the law, which said that a school district was responsible only for students who lived in the district.

The department would also like input on the part of the regulations that are intended to help schools determine whether students have learning disabilities, Mr. Justesen said.

Helpful Input

Mr. Justesen, who said his team has been working on the regulations seven days a week since late December, said he believes the regulations do a good job of hewing to the wishes of the drafters of the law.

“It isn’t my role to try and write law,” he said. “My role is to explain and make useful what the president and Congress wanted to do.”

Education Department officials are about to embark on a trip around the country for seven public hearings on the proposed regulations. The first hearing is June 17 in Nashville, Tenn.

In an unusual move, Mr. Justesen and other department officials also gathered information at informal public hearings earlier this year, before the draft regulations were released.

“That had never been done before, and I think it turned out well,” he said. “Sometimes we would be thinking something was one way, and as soon as we got outside the [Capital] Beltway, we found out we were completely wrong.”

The public response “is very helpful for us,” he said.

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
Recruitment & Retention Webinar
Substitute Teacher Staffing Simplified: 5 Strategies for Success
Struggling to find quality substitute teachers? Join our webinar to learn key strategies to keep your classrooms covered and students learning.
Content provided by Kelly Education
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
Artificial Intelligence Webinar
AI in Education: Empowering Educators to Tap into the Promise and Steer Clear of Peril
Explore the transformative potential of AI in education and learn how to harness its power to improve student outcomes.
Content provided by Panorama Education
English Learners Webinar Family and Community Engagement: Best Practices for English Learners
Strengthening the bond between schools and families is key to the success of English learners. Learn how to enhance family engagement and support student achievement.

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

Special Education The Essential Skill Students With Learning Differences Need
Schools must teach students with learning differences how to communicate about their needs.
4 min read
Vector illustration of three birds being released from a cage.
iStock/Getty
Special Education A Guide to Bringing Neurodiverse Learners Into the Fold
Three tips for teachers and principals to accommodate learning differences.
3 min read
Neurodiversity. Thinking brain. Difference concept.
iStock/Getty Images + Education Week
Special Education 5 Key Ways to Support Students With Learning Differences
Teachers are often uncertain about how to support students who have dyslexia, dysgraphia, or dyscalculia.
4 min read
Black teacher smiling and giving a student a high five in a classroom of Black elementary students.
E+/Getty
Special Education How Students With Disabilities Fare in Both Charter and Regular Public Schools
Students with disabilities experienced inequities in both types of schools, a new analysis shows.
6 min read
An illustration of a small person of color dragging a very large bookbag on their back.
DigitalVision Vectors