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Proposed Regs for Paperwork Reduction Pilot Programs

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  • Alpy2@aol.com
    The Department of Education published in yesterday s Federal Register (Monday, Dec. 19) proposed regulations dealing with the two pilot programs permitted
    Message 1 of 1 , Dec 20, 2005
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      The Department of Education published in yesterday's
      Federal Register (Monday, Dec. 19) proposed regulations dealing
      with the two pilot programs permitted under IDEA
      2004.  The paperwork reduction pilot allows up to
      15 states to seek waivers of certain IDEA
      statutory and regulatory requirements in order to
      to devote more resources to instruction.  Section
      615 procedural safeguards, civil rights
      requirements, and the right to FAPE may not be
      waived or affected.  The multi-year IEP pilot
      program allows up to 15 states to seek approval
      for using 3-year IEPs when parents consent. 

      The proposed regulations are published in yesterday's
      Federal Register,
      scroll down to Education.  Or, if you want the
      direct links:
      Paperwork Reduction Program:

      Multi-year IEP:


      Here are one advocate’s thoughts on this:


      The U.S. Department of Education today published proposed
      regulations for the 15 States that may apply to reduce IEP and
      other paperwork.

      During the reauthorization of IDEA, some stated we should
      not be worried about IDEA 2004 because "we still had
      the IEP as a requirement for every child needing special ed."

      Most of us agree that the "desire to reduce excessive and
      repetitious paperwork" is good. The problem is that this
      may mean the elimination of major parts of the IEP.

      Most of us agree that we want to increase the "time school
      staff can devote to instruction" by reducing paperwork
      and "time burdens that do not assist in improving
      educational and functional results."

      The problem is that some claim the entire IEP process
      does not improve "results". Just how do we judge "results"?

      Some of us have been very concerned that we are replacing
      the protections and educational guidance of the IEP with State

      Remember because of high "n" numbers (40 or more in many
      States), the majority of schools nationwide do NOT
      even report the test scores of students in special education
      at the school building level, AND 25 to 30% of students
      served under IDEA will NOT take the regular State tests
      but "alternate" tests (up to 1% of all students) or the new
      "modified" tests (up to 2% of all students).

      The proposed regulations note the problems with this new
      part of IDEA 2004. "For instance, the Act does not
      address what requirements States may propose to waive
      without affecting the right of a child with a disability to
      receive FAPE." [Free Appropriate Public Education]

      The proposed regs would require in a State's application
      "A detailed description of  how the State obtained broad
      stakeholder input on the proposal" and "Assurances that
      parents will be given notice of any statutory requirements
      that will be waived."

      IDEA 2004 allows the elimination of not only of its own
      "statutory" requirements and of its regulatory requirements,
      but also "any State requirements that the State proposes to
      waive or change, in whole or in part".

      The proposed regs have a number of requirements that
      appear to be attempts to avoid wholesale elimination of
      major parts of the IEP (individual parental permission, etc.)
      It remains to be seen if they will be in the Final regs (or will
      be effective if they are).

      Comments on these "proposed" regulations should be sent
      to comments@... by March 6, 2006, with "Paperwork
      Waiver Public Comment" in the subject line of your e-mail.

      Bev Johns




      Sandy, Illinois (alpy2@...)
      Volunteer Co-Webmaster, www.ourchildrenleftbehind.com (IDEA reauthorization)
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