Department of Education releases proposed requirements of Paperwork Waiver Demonstration Program
The Department of Education (ED) has proposed requirements and selection criteria for states interested in participating in the Paperwork Waiver Demonstration Program under the new authorization of the Individuals with Disabilities Education Act (IDEA). The Paperwork Waiver Program will allow up to 15 states to waive certain statutory and regulatory requirements of the IDEA "to reduce excessive paperwork and non-instructional time burdens that do not assist in improving educational and functional results for children with disabilities." The proposed regulations address issues not covered in the statute, including what elements a state's waiver application must contain, what particular requirements cannot be waived, and what criteria ED will use to select states for participation. A state's proposed Paperwork Waiver Program would have to contain the following elements: (1) a description of how the state obtained input from the schools, school district employees, broad stakeholders, and parents when selecting requirements to waive and a description of the specific requirements it would like to waive; (2) a description of how the state plans to ensure no child with a disability is denied free appropriate public education (FAPE) under IDEA; (3) assurances that parents will be given notice of statutory elements waived; (4) special requirements for states wanting to waive paperwork requirements related to IEPs; and (5) assurances that the state will cooperate with a national evaluation of the Paperwork Waiver Program. The civil rights requirements that cannot be waived under the proposed regulations include those contained in (1) Section 504 of the Rehabilitation Act of 1973, as amended; (2) Title VI of the Civil Rights Act of 1964; (3) Title IX of the Education Amendments of 1972; (4) Title II of the Americans with Disabilities Act of 1990; and (5) the Age Discrimination Act of 1975, as well as in the implementing regulations for these statutes. ED would use the following criteria to select states for waivers: (1) significance, or the extent to which the proposal is based on the development or demonstration of promising new strategies and the likelihood the proposal will reduce paperwork; (2) quality of project design, or the extent to which project goals are measurable, will successfully reduce paperwork, and will encourage consumer involvement; and (3) quality of management plan, or the adequacy of feedback and continuous improvement procedures, the extent to which the state has devoted sufficient resources to evaluation of the waiver program, and how the applicant will ensure that diverse perspectives are brought to bear on the operation of the project. Comments on the proposed regulations are due by March 6, 2006.
70 Fed. Reg. 75,161 (Dec. 19, 2005)
[ED notice]