August 28, 2008
TEXT SIZE

Department of Education announces new IDEA regulations


The U.S. Department of Education (ED) has announced new regulations for Part B of the Individuals with Disabilities Education Act (IDEA). In a press release, below, Secretary Margaret Spellings says the final regulations have been aligned with the No Child Left Behind Act (NCLB) in order to create a new focus on ensuring that students with disabilities are held to high expectations. "Thanks to the No Child Left Behind Act, we are holding ourselves accountable for making sure students receive the education they deserve," she says. "And with these final regulations for IDEA aligned with No Child Left Behind, we are ensuring that students with disabilities are challenged and prepared for successful lives." ED has posted an unofficial copy of the final regulations and a fact sheet below. The official regulations will be published in the Federal Register in about two weeks. According to the fact sheet, thee new regulations are designed to: (1) provide flexibility in spending resources to ensure that students with disabilities are identified early and accurately, and that they receive the support they need; (2) ensure that students with disabilities have highly qualified teachers; (3) reduce burdensome paperwork for educators and administrators; and (4) strengthen parents' involvement in their children's education. The fact sheet also notes that since the passage of NCLB, 95% of students with disabilities are participating in state reading assessments (2003-04) and reports show students with disabilities are receiving more classroom time and attention. According to department officials, separate regulations will be issued later this year to address modified assessments for students with disabilities under NCLB. Information on the regulations as proposed is available at the NSBA School Law pages link.

34 C.F.R. Parts 300 and 301

[Unofficial version of final regulations]
[ED IDEA final regulations fact sheet]
[ED press release on final regulations]
[NSBA School Law pages on proposed regulations]