OSERS finalizes IDEA regulations
The Office of Special Education and Rehabilitative Services (OSERS) of the Department of Education (ED) has issued final regulations governing the Assistance to States for Education of Children with Disabilities Program and the Preschool Grants for Children with Disabilities Program. The new regulations clarify current regulations in 34 CFR Part 300 in the areas of parental consent for continued special education and related services; non-attorney representation in due process hearings; state monitoring, technical assistance, and enforcement; and allocation of funds. The regulations also incorporate a statutory requirement relating to positive efforts as to the employment of individuals with disabilities that was inadvertently omitted from the 2006 regulations.
The major changes in these final regulations from the regulations as proposed in May of 2008 include the following: (1) parental revocation of consent for the continued provision of special education and related services must be in writing, and when the parent revokes such consent, the school district still must provide the parent with the usual written notice of its intentions with respect to the child; and (2) the provision regarding the right to be represented in a hearing by non-attorneys has been revised to apply to any party to a hearing, not just parents. The regulations will be effective December 31, 2008. NSBA’s comments on the regulations as proposed, and the proposed regulations themselves, are at the second link below. The final rule responds to the comments submitted by more than 700 parties. All of the Part 300 regulations are available at the third link.
73 Fed. Reg. 73,006 (Dec. 1, 2008)
ED Final Rule
NSBA School Law pages on comments to proposed regulations
ED IDEA website page on Part 300 regulations