Proposed Regs for Paperwork Reduction Pilot Programs
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
scroll down to Education. Or, if you want the
Paperwork Reduction Program:
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
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 JohnsSandy, Illinois (alpy2@...)
Volunteer Co-Webmaster, www.ourchildrenleftbehind.com (IDEA reauthorization)