IDEA Part C Final Regulations published in Federal Register.

The Individuals with Disabilities Education Improvement Act of 2004 Part C Final Regulations governing the Early Intervention Program for Infants and Toddlers with Disabilities were published September 28, 2011, in the Federal Register. These regulations are effective on October 28, 2011.

(September 28, 2011)

IDEA Part B Notice of Proposed Rule published in Federal Register.

In the September 28, 2011 Federal Register, the Secretary proposes to amend regulations under Part B of the Individuals with Disabilities Education Act (IDEA). These regulations govern the Assistance to States for the Education of Children with Disabilities program, including the Preschool Grants program. The Secretary seeks public comment on these proposed amendments regarding the use of public benefits or insurance in which a child participates to provide or pay for services required under Part B of IDEA.

(September 28, 2011)

Posny Remarks on IDEA Part C Final Regulations

September 26, 2011 Video: OSERS Assistant Secretary Alexa Posny remarks on the Individuals with Disabilities Education Act (IDEA) Part C Final Regulations, highlighting key changes.

The video is also available at idea.ed.gov.

(September 26, 2011)

Part C of the Individuals with Disabilities Education Act Regulations

On September 6, 2011, the U.S. Department of Education released the final regulations for the early intervention program under Part C of the Individuals with Disabilities Education Act (IDEA). These final regulations will help improve services and outcomes for America's infants and toddlers with disabilities and their families.

Part C is a $436 million program administered by states that serves 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.

The final Part C regulations incorporate provisions in the 2004 amendments to Part C of the IDEA. Additionally, the final regulations provide states with flexibility in some areas, while ensuring state accountability to improve results and providing needed services for infants and toddlers with disabilities and their families. The regulations focus on measuring and improving outcomes for the approximately 350,000 children served by the Part C program with the goal of ensuring that such children are ready for preschool and kindergarten.

“As everyone who works in education understands, one of the most important things we can offer children is a high-quality early learning experience that prepares them for kindergarten,” said U. S. Secretary of Education, Arne Duncan. “This is true for all children—but it’s especially important for infants and toddlers with disabilities to have access to high-quality early intervention services that prepare them to successfully transition to preschool and kindergarten. The Part C regulations will support the Education Department’s commitment to the goal of preparing more children with high needs with a strong foundation for success in school and beyond.”

The regulations should be published in the Federal Register in the next couple of weeks.

Part C Final Regulations:

• September 28, 2011 Federal Register
• Download Final Regulations:
  PDF (804KB)
• IDEA Part C Regulations Page
• Additional IDEA Resources: IDEA Web site

(September 6, 2011)

Part B of the Individuals with Disabilities Education Act Notice of Proposed Rulemaking

On September 6, 2011, the Department released a notice of proposed rulemaking (NPRM) to amend the IDEA Part B regulations. Changes are being proposed to the regulations regarding when a State or local educational agency seeks to use a child’s or parent’s public benefits or insurance (e.g., Medicaid) to pay for Part B services. These proposed amendments to the Part B regulations would ensure the protection of the rights of parents and children and ensure that children with disabilities receive FAPE while addressing concerns raised by state educational agencies and local educational agencies regarding the burdens imposed by the current regulation.

The regulations should be published in the Federal Register in the next couple of weeks.

Part B Notice of Proposed Rulemaking:

Note: This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication. The official version of this document is the document that is published in the Federal Register.

• Download the Part B NPRM:
  MS Word (135KB) | PDF (239KB)
• IDEA Part B Notice of Proposed Rulemaking Page
• Additional IDEA Resources: IDEA Web site

(September 6, 2011)

Department Awards $3.5 Million to 15 Special Education Parent Centers; One Million Dollars to Ten Community Parent Resource Centers

The U.S. Department of Education announced the award of more than $3.5 million in grants to operate 15 special education Parent Training and Information (PTI) Centers in 11 states, the District of Columbia, the Virgin Islands, and Guam. The Department also awarded $1 million to provide funding for ten Community Parent Resource Centers (CPRCs).

With the new grants, the Department now funds 106 information centers for parents of students with disabilities. Every state has at least one parent information center, which assist parents as they work to ensure their children receive a free, appropriate public education as guaranteed by federal law. In addition, Community Parent Resource Centers provide services to underserved parents of children with disabilities in targeted communities throughout the country.

For a list of Education Department-funded special education parent information and training centers, visit http://www.taalliance.org/ptidirectory/index.asp

(October 7, 2010)

Melody Musgrove becomes director of the Office of Special Education Programs

Melody Musgrove is coming from LRP Publications where she served as the director of Business Development. Formerly, she was the state director of Special Education in Mississippi, a due process hearing officer, an assistant superintendent for Curriculum and Federal Programs for the Lawrence County School District, an assistant principal, and a special education teacher at the elementary, middle and high school levels. Musgrove has been noted for her work to reduce the achievement gap for traditionally under-performing students, conducted statewide self-assessments, and designed and implemented a focused system of monitoring local districts.

(August 19, 2010)

The U.S. Department of Education Makes Public State-by-State Restraint and Seclusion Information

The Department has posted a summary of state laws, regulations, policies, and guidelines regarding the use of restraint and seclusion techniques in schools: http://www.ed.gov/policy/seclusion/seclusion-state-summary.html. The summary is a result of U.S. Secretary of Education Arne Duncan’s letter issued to Chief State School Officers on July 31, 2009, urging a review of current state policies and guidelines regarding the use of restraint and seclusion in schools. Since August, the Department’s regional Comprehensive Centers have researched and compiled information on state-by-state restraint and seclusion techniques.

“Restraint and seclusion policies should be reviewed regularly to prevent the abuse of such techniques and ensure that schools provide a safe learning environment for all of our children,” said Duncan. “I am pleased that many states and territories have begun to work with their stakeholders to develop or revise current practices. The Department will continue to serve as a resource throughout the process to ensure that all students are safe and protected.”

Each Chief State School Officer or a representative of the Chief State School Officer reviewed and verified the information gathered.

(February 24, 2010)

Determination Letters on State Implementation of IDEA

The U.S. Department of Education's Office of Special Education and Rehabilitative Services released state determinations on the implementation of the Individuals with Disabilities Education Act (IDEA) for Part B and Part C for fiscal year 2007. The 2004 amendments to the IDEA require each state to develop a State Performance Plan (SPP) that evaluates the state's efforts to implement the requirements and purposes of the IDEA, and describes how the state will improve its implementation. The SPP includes baseline data, measurable and rigorous targets, and improvement activities for 20 indicators such as graduation rate, dropout rate, participation and performance on assessments, meeting evaluation timelines, and ensuring that complaints and hearings are resolved within required timelines.

(June 2, 2009)

2007 Annual Report to Congress on the Implementation of the Individuals with Disabilities Education Act, Part D.

The purpose of this report is to provide an annual overview of activities funded under the Individuals with Disabilities Education Act (IDEA), Part D (National Activities to Improve Education of Children with Disabilities), subparts 2 and 3 (P.L. 108-446).

(February 12, 2009)

OSERS Releases New Publication, Learning Opportunities for Your Child Through Alternate Assessments.

OSERS Assistant Secretary John H. Hager is pleased to share with you the newly released publication, Learning Opportunities for Your Child Through Alternate Assessments. The purpose of this booklet is to introduce parents to the "big ideas" contained in school improvement efforts under the No Child Left Behind Act of 2001 (NCLB) and the Individuals with Disabilities Education Act (IDEA), and to provide them with the information they need to help ensure their children can benefit from these efforts. HTML, PDF and Word versions of Learning Opportunities for Your Child Through Alternate Assessments can be found on the Department's Web site at www.ed.gov/parents/needs/speced/learning.

(May 30, 2007)

OSERS Releases Updated Publication, Opening Doors: Technology and Communication Options for Children With Hearing Loss, and New Spanish Version, Que se abran las puertas: Opciones de tecnología y comunicación para los niños con pérdida auditiva.

OSERS Assistant Secretary John H. Hager is pleased to announce the release of the updated publication Opening Doors: Technology and Communication Options for Children With Hearing Loss and the Spanish version, Que se abran las puertas: Opciones de tecnología y comunicación para los niños con pérdida auditiva. These publications provide background on early intervention, the use of technology and other support available to children with hearing loss and their families. HTML, PDF and MS Word versions of both publications are on the Department’s Web site at www.ed.gov/about/offices/list/osers/products/opening_doors.

(May 30, 2007)

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

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.

[IDEA 2004 Part C NPRM Web page]

(May 4, 2007)

Secretary Spellings Announces New Regulations to More Accurately Assess Students With Disabilities

U.S. Secretary of Education Margaret Spellings today announced new regulations under No Child Left Behind (NCLB) allowing states to test certain students with disabilities using an alternate assessment that more appropriately aligns with students' needs and yields more meaningful results for schools and parents. The new regulations provide states and schools with greater flexibility by allowing them to more accurately evaluate these students' academic progress and tailor instruction based on individual needs.

(April 4, 2007)

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