NSBA submits comments on proposed IDEA regulations

NSBA, with input from COSA members, has submitted comments to the Office of Special Education and Rehabilitation Services (OSERS) on its proposed regulations governing the Assistance to States for the Education of Children with Disabilities Program and Preschool Grants for Children with Disabilities Program under the Individuals with Disabilities Education Act (IDEA). While NSBA believes that the proposed amendments generally have been responsive to the issues raised by local school boards, it expresses some concerns with the proposals, among which are: (1) that the provision for a parent’s unilateral withdrawal of a child from special education services, with no opportunity for the school district to challenge the decision, might not be in the best interest of the child and could compromise the district’s future ability to provide the child a free appropriate public education (FAPE) and to meet academic accountability requirements; (2) that the regulations should be amended to provide not only that state law shall govern whether non-attorneys other than parents may act in a representational capacity under IDEA but also that this shall be prohibited where state law is silent on the question; (3) that under certain circumstances ED should be authorized to waive proposed deadlines for correcting noncompliance and for public reporting of school district compliance; and (4) that the eligibility of charter schools operating as a local educational agency (LEA) for certain IDEA funding should be based on state law governing charter schools, not on federal law. The comments and the proposed regulations are below.

NSBA comments
NSBA School Law pages on proposed rule