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IDEA Part C Regulations Update

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  • Alpy2@aol.com
    The following update is courtesy of COPAA (Council for Parent Attorneys and Advocates: _http://www.copaa.net_ (http://www.copaa.net/) ): The proposed IDEA
    Message 1 of 3 , Jan 28, 2007
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      The following update is courtesy of COPAA (Council for Parent Attorneys and Advocates: http://www.copaa.net ):
       
      The proposed IDEA Part C regulations (Infants & Toddlers)
      are undergoing review at the Office of Management and Budget. OMB could request further changes from the Dept. of Education, or they could approve the regulations. Once approved, the regulations would be released for public comment.
       
       
      Sandy, Illinois (alpy2@...)
      Volunteer Co-Webmaster, www.ourchildrenleftbehind.com (IDEA reauthorization)
    • Alpy2@aol.com
      Following is an update courtesy of the Council of Parent Attorneys and Advocates (_http://www.copaa.org_ (http://www.copaa.org) ), along with a press release
      Message 2 of 3 , May 8, 2007
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        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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      • Alpy2@aol.com
        The following IDEA Part C regulations update is courtesy of COPAA (The Council of Parent Attorneys and Advocates - _http://www.copaa.org_
        Message 3 of 3 , May 22, 2007
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          The following IDEA Part C regulations update is courtesy of COPAA (The Council of Parent Attorneys and Advocates - http://www.copaa.org ):
           
          On May 9, 2007, the Secretary of Education published the Part C Notice of Proposed Rulemaking (NPRM) in the Federal Register, proposing to amend the regulations governing the Early Intervention Program for Infants and Toddlers with Disabilities.

          The Secretary also announced plans to hold a series of public meetings to seek comments and suggestions about the proposed rules. The proposed regulations would implement changes made to the Individuals with Disabilities Education Act (IDEA) by the Individuals with Disabilities Education Improvement Act of 2004. A schedule of the public meetings may be found below.

          SITE:

          LOCATION:

          DATE:

          Portland,Ore.

          Embassy Suites Hotel Portland Airport
          (Pine & Spruce Room)
          7900 Northeast 82nd Avenue
          Portland , OR97220

          Monday, June 4, 2007
          4:00 p.m.—7:30 p.m.

          Oklahoma City, Okla.

          Metro Technology Centers
          (Auditorium)
          1900 Springlake Drive
          Oklahoma City , OK 73111

          Wednesday, June 6, 2007
          4:00 p.m.—7:30 p.m.

          Indianapolis,Ind.

          Indiana Government Center South Conference Center
          (Auditorium)
          402 W. Washington Street
          Indianapolis , IN 46204

          Monday, June 11, 2007
          4:00 p.m.—7:30 p.m.

          Washington,D.C.

          Academy for Educational Development
          1825 Connecticut Ave., N.W.
          Washington , DC 20009-5721

          Thursday, June 14, 2007
          3:00 p.m.—7:30 p.m.

          There is no advanced registration for these public meetings, nor any cost. Registration will take place atthe door. Interpreters will be available for individuals with hearing impairments.

          FOR FURTHER INFORMATION CONTACT:

          Katherine Race
          U.S. Department of Education
          400 Maryland Avenue, S.W.
          Room 5145, Potomac Center Plaza
          Washington , DC 20202-2600
          Telephone: 202-245-6443
          If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay System (FRS) at 1-800-877-8339.
          E-mail: Katherine.Race@ ed.gov

          ASSISTANCE TO INDIVIDUALS WITH DISABITIES AT THE PUBLIC MEETINGS:
          The meeting sites are accessible to individuals with disabilities. If you will need an auxiliary aid or service to participate in the meeting (e.g., interpreting service, assistive listening device, or materials in an alternate format), notify the contact person listed in this Notice at least two weeks before the scheduled meeting date. Although we will attempt to meet a request we receive after that date, we may not be able to make available the requested auxiliary aid or service because of insufficient time to arrange it.

          For More Information on the Regulations - CEC together with its Division on Early Childhood (DEC) and the Infant and Toddler Coordinators Association (ITCA) have developed a new resource to help readers understand the IDEA Part C proposed regulations, released by the U.S. Department of Education on May 9.  This side-by-side comparison of the current IDEA Part C regulations to the 2007 proposed Part C regulations is intended to serve as a tool to assist readers in preparing their own analysis related to the Part C proposed regulations.  http://www.cec.sped.org/Content/NavigationMenu/PolicyAdvocacy/IDEAResources/ideapartc.htm

           

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




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