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
Special Education
Bringing Dyslexia Screening into the Future
Explore the latest research shaping dyslexia screening and learn how schools can identify and support students more effectively.
Content provided by Renaissance
Artificial Intelligence K-12 Essentials Forum How Schools Are Navigating AI Advances
Join this free virtual event to learn how schools are striking a balance between using AI and avoiding its potentially harmful effects.
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
Reading & Literacy Webinar
A Blueprint for Structured Literacy: Building a Shared Vision for Classroom Success—Presented by the International Dyslexia Association
Leading experts and educators come together for a dynamic discussion on how to make Structured Literacy a reality in every classroom.
Content provided by Wilson Language Training

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 A Small Change in Special Ed. Rules Could Affect Equity, Accountability, Advocates Warn
The paperwork change could make it harder to track equity in special education, advocates said.
5 min read
A young  student of color struggles to carry a large heavy backpack conceptual
DigitalVision Vectors/Getty
Special Education Spotlight Spotlight on MTSS in Practice: From Life Skills to Learning Strategies
This Spotlight focuses on MTSS, providing a framework to support both students and educators across a range of needs and settings.
Special Education Teachers Are Using AI to Help Write IEPs. Advocates Have Concerns
Experts call for guardrails around the ethical, legal, and instructional concerns.
9 min read
Female student retrieving an IEP document from a giant laptop equipped with artificial intelligence.
iStock/Getty Images + Vanessa Solis/Education Week
Special Education Opinion ‘Educational Exile’: How Trump’s Layoffs Threaten Students With Disabilities
Here’s what’s at stake for millions of students if we lose federal enforcement of IDEA.
Susan Haas
4 min read
Wheelchair user obstacle metaphor. Conquering adversity. Hurdle on way concept. Overcoming obstacle on road. Vector illustration 3d isometric design. Barrier on way to success.
iStock/Getty Images + Vanessa Solis/Education Week