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219IDEA Part C Regulations Update

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  • Alpy2@aol.com
    May 8, 2007
    • 0 Attachment
      Following 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

       

       PRESS RELEASES
      Proposed Regulations Would Ease Burdens, Assure State Accountability 
      to Help Infants, Toddlers with Disabilities

      FOR RELEASE:
      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 
      effective manner.

      "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 
      disability.

      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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