IDEA 2004
Reauthorization
IDEA 2004 Regulations
The IDEA 2004 regulations go into effect 60 days after
they are officially published in the Federal Register. These
regulations are scheduled to be published in the Federal Register on August
14, 2006. Thus, the federal IDEA regulations will go into
effect on October 14, 2006.
By Monday, August 8, all IDEA
2004 Regulations were reformatted and published on the Wrightslaw site.
The reformatted regulations are 115 pages long (down from 374 pages).
They are easier to read, print and study. You may also be interested in
the Summary
of Changes in the IDEA 2004 Regulations (10 pages, pdf)
On August
3, 2006,
the U. S. Department of Education published the IDEA 2004 regulations
as two preambles (1244 pages), the regulations (374 pages), and five
Appendices (90 pages) for a total of 1,705 pages. You may
download a synopsis of changes in the regulations, preambles 1244
pages), regulations (374 pages), and appendices (90 pages) from the Department
of Education website : http://www.ed.gov/policy/speced/guid/idea/idea2004.html
On Thursday,
July 27, 2006 the Office of Management and Budget approved the
IDEA 2004 regulations.
The
purpose of regulations is to clarify and explain
the law. A regulation must be consistent with the law.
The reauthorized IDEA
2004 statute (law) includes significant changes in many important
areas,
for list of important visit the Wrightlaws website: IDEA 2004 regulations
How to Provide a
Comment on Proposed Regs
If you intend to provide a comment on
the proposed IDEA 2004 regs (in a
meeting or in writing), you need to be prepared. Please read the
specific
section in IDEA 2004 and the proposed regulation very carefully.
The
Individuals with Disabilities Education Improvement Act of 2004:
Overview, Explanation and
Comparison
of IDEA 2004 & IDEA 97
describes substantive changes to the five key statutes of IDEA 2004 by
section and subsection. Text added to IDEA 2004 is in italics.
Text deleted from IDEA 97 has been struck
through.
The proposed
IDEA 2004 regulations (reformatted with subsections indented under
main sections, outlined, easy to read).
The Explanations
and Commentary for IDEA 2004 Regulations (also reformatted)
includes the Dept of Ed's comments and explanations about their
rationale for changes. See pages 1 and 2 for Information about how
to submit a comment (i.e., issues, deadlines, addresses, how to to
send, etc.).
The U.S. Department of Education
has announced proposed (draft) regulations, COPAA has a pdf version on their site.
(this document is over 650 pages long and cross references both current
regs and the new statute):
http://copaa.org/pdf/ProposedIDEA2004Regs.pdf
Individuals
With Disabilities Education Act (IDEA), PASSED both House and Senate, it
is on it's way to the White House for the President to sign.
Summary
of Major Provisions:
http://pfrr.org/IDEA-Sum-Prov.html
Summary of IDEA:
http://pfrr.org/IDEA-Parph-Summary.html
IDEA '1997 Compared to IDEA '2004'
Changes:
http://pfrr.org/IDEA-Table-Summary.html
The Wrightslaw website has a helpful and informative link that
summarizes the changes and discussed potential impact to our children:
http://www.wrightslaw.com/law/idea/idea04.index.htm
Statement from Sen. Kennedy:
http://www.fcsn.org/senkenonidea.html
The
bills have passed both the House
and the Senate. Next, Congress must “conference” or reconcile the two
versions of IDEA bills during a joint House and Senate conference
committee. This process must be completed prior to the end of the 108th
Congress, which ends in December 2004. If
a final bill is not sent to the President this year, the bills will
need to be re-introduced and the process starts over with the 109th
Congress in January 2005.
The
U.S. House of Representatives appointed its conferees to resolve the
differences between the House and Senate versions of the bills to
reauthorize the Individuals with Disabilities Education Act
(IDEA). This action sets the stage for negotiations between both
Houses for possible final passage of an IDEA reauthorization bill
during the lame duck session scheduled for mid November. House
and Senate conferees' staffers are expected to spend much of the time
between now and mid November to try to resolve the many differences
between the bills.
House
conferees are:
Reps.
Boehner (R-OH), Castle (R-DE), Ehlers (R-MI), Keller (R-FL), Wilson
(R-SC), Miller (D-CA), Woolsey (D-CA) and Owens (D-NY) from the
Education and the Workforce Committee; Reps. Sensenbrenner (R-WI),
Smith (R-TX) and Conyers
(D-MI)
from the Judiciary Committee; and Reps. Barton (R-TX), Bilirakis (R-FL)
and Dingell (D-MI) from the Energy and Commerce Committee.
(The
Judiciary Committee is involved due to provisions related to parents
representing themselves in due process and the Energy and Commerce
Committee is participating due to Medicaid related reimbursements to
schools.)
This
information is from The Arc, posted on MassPAC on October 11, 2004.
Our homepage update is from LD Advocate
May 13, 2004,
Thursday - S.1248 passed the Senate, by a vote of 95-3. We would like
to thank 3 senators who valiantly stood by children and families by
casting
their “NO” votes! Thank you – Senator Stabenow (D-MI), Senator Leahy
(D-VT), and Senator Jeffords (I-VT)!! It's not over yet!!
IDEA Rapid Response Network (RRN)
Wrightslaw has an article on
latest status and summary
of events
of the IDEA Reauthorization process:
IDEA Reauthorization News - Home
page (sroll down for a list articles)
IDEA Update - October 7, 2003
Back
To School, Backs To The Wall:
IDEA Reauthorization
Our
Children Left Behind website many articles and summaries
of events
of the IDEA Reauthorization process:
Up-to-date
information on the IDEA
Reauthorization
Center For Law and Education
has sample letter:
"An Open
Letter to Senators Gregg and Kennedy re/IDEA and NCLB"
On June 12, 2003 the Senator voted on Senate
bill S06.
The Senate HELP Committee will mark up this legislation
on Wednesday, June
25.

For a side by side comparison of the House
bill and Current Senate bill (S06) IDEA, for parent to use as a tool.
It has Part A & B for now.
It is located at: www.geocities.com/vshr1350
Thank you another dedicated parent created this, Debbie Brown
SPARC - Special Parent Assistance & Resource Center - NJ

Ask your friends, family members, neighbors, and co-workers to
contact our
Senators
before Memory Day,
2003.
Explain that you oppose changes to
the IDEA.
Your message is simple:
HR 1350 is the bill for IDEA
reauthorization to reference. Tell them to
vote NO to HR 1350.
Possible talking points include:
- funding issues
- discipline policy changes
- 15% Part B funds for
pre-referral services
- optional 3 year IEP's
- future elimination of
short-term objectives
- due process timeline changes
and one year statute of limitation
- attorney fee reimbursement
- voluntary binding arbitration
hearings
Our Mass. Senators contact
information:
Senator Edward Kennedy
315 Russell Senate Office Building
Washington, DC 20510
202-224-4543
Fax: 202-224-2417
mailto:senator@kennedy.senate.gov |
Senator John Kerry
304 Russel Senate Office Building
Washington DC. 20510
202-224-2742
Fax: 202-224-8525
mailto:john_kerry@kerry.senate.gov |
Senator
Kennedy Boston Office
2400 JFK Building
Boston, MA 02203
617-565-3170 |
Sentor John Kerry Boston
office
One Bowdoin Square, 10th Floor
Boston, MA. 02114
617-565-8519
Fax: 617-248-3870 |
Visit Senator
Kennedy, Capitol Hill web page:
http://kennedy.senate.gov/ |
Visit Senate John Kerry,
Capitol Hill web page:
http://kerry.senate.gov/
|
Feel free to inform them there is a
petition with over 9000 signatures
nationwide against HR 1350.
For more detail you can view the petition details at this website:
http://www.petitiononline.com/IDEA2003/petition.html
Please go to the link below for
details on how to help educate our senators.
It is reported that members of congress are not hearing from sufficient
numbers of us to make a difference.
http://www.wrightslaw.com/news/2003/idea.update.plan.0507.htm
The National Association of Protection and Advocacy Systems (NAPAS)
developed an Analysis of Proposed Changes to IDEA as a side-by-side
table that compares the current IDEA with the proposed bill. We
converted the Analysis of Proposed Changes to IDEA into a pdf file for
easy printing and distribution.
http://www.wrightslaw.com/news/2003/idea.house.sidebyside.napas.pdf
We encourage you to read the Analysis of
Proposed Changes to IDEA - this document will help you identify the
strengths and weaknesses of the bill before you share your concerns
with your member of Congress.
Two articles about changes to IDEA:
http://www.ldonline.org/news/bad_idea.html
http://www.ldonline.org/news/HR1350.html
If you would like view a sample letters, check out these two websites:
http://www.geocities.com/vshr1350
http://sensoryintegrationhelp.com
http://www.ncld.org
Phone, email, FAX a letter, etc.
Now is the time to call. You may call
their local district office
numbers or DC. You should also email them with your specific concerns
if possible.
Please pass this information on to as
many other parents and professionals as
you know.
