219IDEA Part C Regulations Update
- May 8, 2007Following is an update courtesy of the Council of Parent Attorneys and Advocates (http://www.copaa.org), along with a press release from the U.S. Department of Education relating to the release of proposed IDEA Part C regulations.
OSEP has made the Proposed Part C regulations available, http://idea.ed.gov/static/partCNprm Part C covers infants and toddlers, ages 0-3. The Federal Register should publish the proposed regulations on May 9 and that will start the 75-day public comment period.
There are also public meetings scheduled where members of the public can comment orally:
* June 4: 4-7:30pm Portland, OR
* June 6: 4-7:30pm Oklahoma City, OK
* June 11: 4-7:30pm Indianapolis, IN
* June 14: 3-7:30pm, Washington, DC
Proposed Regulations Would Ease Burdens, Assure State Accountability
to Help Infants, Toddlers with Disabilities
May 4, 2007
Contact: Jim Bradshaw
(202) 401-2310 or jim.bradshaw@...
The U.S. Department of Education today proposed regulations to ease
bureaucratic burdens, increase flexibility and assure accountability
by states in helping prepare America's infants and toddlers with
disabilities for success in school.
In proposed rules for Part C of the Individuals with Disabilities
Education Act (IDEA) to be published in the May 9 Federal Register,
the department sought to ensure that states provide early
intervention services to children birth through age 2 in a timely and
"We believe this package will help promote excellence in the early
intervention services that states provide to infants and toddlers
with disabilities," said John H. Hager, assistant secretary for the
Office of Special Education and Rehabilitative Services.
Part C is a $436 million program serving infants and toddlers through
age 2 with developmental delays or who have diagnosed physical or
mental conditions with high probabilities of resulting in
developmental delays. At a state's discretion, children in that age
range who are at risk of having substantial developmental delays may
be eligible to receive services.
The proposed rules would:
RESTRUCTURE THE CURRENT REGULATIONS to follow the order and
arrangement of the statute. This organization creates a freestanding
document that will be helpful to parents, lead agencies, early
intervention service providers, and the public -- both in reading the
regulations, and in finding the direct link between a statutory
requirement and the regulation related to that requirement.
INCREASE STATE FLEXIBILITY AND OPTIONS by incorporating new
provisions from IDEA that permit mediation to be available to parents
at any time -- even when a due process hearing is not requested --
and requiring that settlement agreements reached as a result of
mediation be valid and enforceable in a court of law. States also
would be given flexibility to offer parents of children ages 3
through 5 the option of continuing to receive Part C services (in
lieu of providing those children a free appropriate public education
under section 619 of the IDEA) and allowing states to serve those
children for one, two or three years.
PROVIDE MUCH REQUESTED AND NEEDED CLARIFICATION ON COMPLEX PROVISIONS
in such areas as confidentiality, the use of public and private
insurance to pay for Part C services and state responsibilities for
children with surgically implanted devices such as cochlear implants.
REDUCE BURDENS ON STATES by permitting states in most cases to
provide assurances rather than supporting documentation in their
applications. States would be permitted to use screening in addition
to evaluations to determine whether a child is suspected of having a
ENSURE STATE ACCOUNTABILITY FOR CHILD FIND AND PROVISION OF EARLY
INTERVENTION SERVICES by incorporating new provisions from the IDEA
requiring that states have in place referral, public awareness or
other child find policies for children under the age of 3 who are:
(1) involved in a substantiated case of abuse and neglect; (2)
identified as affected by illegal substance abuse, or withdrawal
symptoms resulting from prenatal drug exposure; (3) homeless; (4) in
foster care; (5) wards of the state; and (6) for states that choose
to allow parents to continue early intervention services for children
age 3 and older, children who experience a substantiated case of
trauma due to exposure to family violence.
ALIGN THE PART C REGULATIONS, WHERE PRACTICAL, TO THE IDEA PART B
REGULATIONS by minimizing the burden for lead agencies that are also
state education agencies and encouraging a streamlined system of
services for children with disabilities.
Comments on the proposed regulations are welcome and will be
considered in the development of the final regulations. For
information on submitting comments, see the Part C Notice of Proposed
Rulemaking, posted at http://idea.ed.gov.
In addition, public hearings will be held at the following dates and
locations: June 4, from 4 to 7:30 p.m., Portland, Ore.; June 6, from
4 to 7:30 p.m., Oklahoma City; June 11, from 4 to 7:30 p.m.,
Indianapolis; and June 14, from 3 to 7:30 p.m., Washington.
For more details on Part C and the IDEA in general, visit the
Education Department's Web site at http://idea.ed.gov/explore/home.Sandy, Illinois (alpy2@...)
Volunteer Co-Webmaster, www.OurChildrenLeftBehind.com (IDEA & NCLB reauthorization)
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