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AUTISM FIRST STEPS
AUTISM DAILY NEWSLETTER
Friday January 11, 2002
INDEX:
* The Macomb/St. Clair
County Chapter of the ASA website
* Request for Public Comments on IDEA and its Implementation
* Reauthorization of the Individuals With Disabilities
Education Ac
******************************
The Macomb/St. Clair County Chapter of the ASA
website
The
Macomb/St. Clair County Chapter of the ASA website is once again up and
running. We are still in the process of updating, however please feel
free to visit us at:
www.macombasa.org
******************************
Request for Public Comments on IDEA and its
Implementation
The Office of Special Education and
Rehabilitative Services of the U.S.
Department of Education is requesting public comment on the Individuals with
Disabilities Education Act (IDEA) to assist the Department in preparing for
reauthorization of the Act in 2002. The deadline for submission of
comments
is February 25, 2002. I have pasted the Federal Register Notice regarding
public comment below. You can also go
to:www.ed.gov/legislation/FedRegister/other/index.html to access the Federal
Register Notice.
To provide background to you in preparing comments you can access The
Consortium for Citizens with Disabilities Principles for the Individuals
with Disabilities Education Act on the NADDC website at:www.naddc.org.
NADDC also provided comments on IDEA to the Department of Education at an
earlier meeting requesting comments from advocates. NADDC's comments are
also pasted and attached to this email. (They are attached in Word and
Word
6.0.)
[Federal Register: January 10, 2002 (Volume 67, Number 7)]
[Notices]
[Page 1411-1412]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ja02-103]
[[Page 1411]]
DEPARTMENT OF EDUCATION
Office of Special Education and Rehabilitative Services
Reauthorization of the Individuals With Disabilities Education
Act
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Notice of request for public comment on the Individuals with
Disabilities Education Act and its implementation.
SUMMARY: The Secretary of Education invites written comments from the
public on the Individuals with Disabilities Education Act (IDEA) to
assist the Department in preparing for reauthorization of the Act in
2002.
DATES: In order to ensure that your comments are considered by the
Department in preparing its legislative proposal on IDEA, we encourage
you to submit the comments before February 25, 2002.
ADDRESSES: All comments concerning the reauthorization of IDEA should
be addressed to Thomas Irvin, Office of Special Education and
Rehabilitative Services, U.S. Department of Education, and submitted by
one of the following methods:
1. Internet. We encourage you to send your comments through
the
Internet at the following address: Comments@ed.gov.
You must use the term IDEA Reauthorization in the subject
line of
your electronic message.
2. Surface Mail. Alternatively, you may submit your comments
via
surface mail to: Office of Special Education and Rehabilitative
Services, U.S. Department of Education, 400 Maryland Avenue, SW., Mary
E. Switzer Building, Room 3086, Washington DC 20202-2570.
To ensure that we do not receive duplicate copies of
comments,
please submit your comments only one time--using one of the two methods
described in the preceding paragraphs (Internet or surface mail).
FOR FURTHER INFORMATION CONTACT: JoLeta Reynolds or Thomas Irvin (202)
205-5507. If you use a telecommunication device for the deaf (TTD) you
may call the TDD number at (202) 205-5465.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to Katie Mincey, Director of the Alternate Formats
Center. Telephone: (202) 205-8113.
Electronic Access to This Document
You may view this document, as well as all other Department
of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at the following
site:www.ed.gov/legislation/FedRegister. To use PDF you must have Adobe
Acrobat Reader, which is available free at this site. If you have
questions about using PDF, call the U.S. Government Printing Office
(GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202) 512-1530.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO Access
at:http://www.access.gpo.gov/nara/index.html/
SUPPLEMENTARY INFORMATION:
Background and Description of the Act
On June 4, 1997, the Individuals with Disabilities Education
Act
(IDEA) Amendments of 1997 were enacted into law as Pub. L. 105-17.
These Amendments reauthorized and made significant changes to IDEA to
accomplish the following: (1) Ensure better results for children with
disabilities, while retaining (and expanding upon) the rights and
protections under prior law; (2) revise the discretionary programs to
strengthen the capacity of States to effectively serve children with
disabilities, including infants and toddlers with disabilities; and (3)
make other improvements to IDEA, including simplifying the structure
and organization of the Act.
As authorized by the 1997 Amendments, IDEA is divided into
four
major parts:
Part A (General Provisions) includes the findings and purposes
of
the Act; definitions; authority for the Office of Special Education
Programs; abrogation of State sovereign immunity; authority for the
acquisition of equipment and construction of facilities; provisions
regarding the employment of individuals with disabilities; and
requirements for prescribing regulations.
Part B (Assistance for Education of All Children with
Disabilities)
authorizes a State formula grant program for the education of children
with disabilities aged 3 through 21. The Act includes provisions
regarding--(1) conditions for State and local eligibility (e.g.,
ensuring a free appropriate public education for all eligible
children); (2) evaluations, child eligibility, and individualized
education programs (IEPs); and (3) procedural safeguards (e.g.,
mediation, due process procedures, and pendency or stay-put
requirements, including discipline procedures). In addition, Part B
includes other provisions, including data collection requirements.
Part B also authorizes a Preschool Grants program that
provides
additional funds to help States provide special education and related
services to children with disabilities aged three through five.
Part C authorizes the early intervention program for infants
and
toddlers with disabilities, which provides Federal assistance to help
States maintain and implement a statewide system of early intervention
services for young children with disabilities, aged birth through two,
and their families. The Act sets out eligibility conditions for State
participation in the program, including--(1) a policy that ensures
appropriate early intervention services for all eligible children,
including, at State discretion, children who are at risk of
experiencing substantial developmental delays; and (2) other
requirements (e.g., provisions regarding individualized family service
plans (IFSPs), natural environments, procedural safeguards, and
financing of early intervention services).
Part D authorizes a series of discretionary programs to support
National activities to improve the education of children with
disabilities, including State Improvement Grants, coordinated research
and personnel preparation, parent training and information centers,
technical assistance and dissemination, technology development,
demonstration, and utilization, and media services.
Need for Reauthorization
Two major parts of IDEA will expire on September 30, 2002:
Part C
(Infants and Toddlers with Disabilities); and Part D (National
Activities to Improve Education of Children with Disabilities). Thus,
we are seeking broad public input regarding changes needed to improve
implementation of the early intervention program for infants and
toddlers with disabilities under Part C, and the effectiveness of the
National Activities under Part D.
We also will consider all relevant comments received on the
Notice
of Proposed Rulemaking (NPRM) for the Part C program that was published
on September 5, 2000 (65 FR 53808). (The Secretary is publishing a
Notice withdrawing the Part C NPRM in this issue of the Federal
Register.)
Although Part B of IDEA is permanent legislation with no
requirement for reauthorization, the reauthorization
[[Page 1412]]
process for Parts C and D provides an opportunity to carefully examine
Part B as well.
The President has laid out four principles of education
reform to
ensure that no child is left behind. These principles are:
accountability for results, local control and flexibility, empowering
parents to participate more meaningfully in their children's education,
and employing research-based practices that we know work to improve
student performance. Using this underlying framework, the Secretary
solicits public comment regarding the reauthorization of IDEA.
We are particularly interested in identifying opportunities for
increasing flexibility and reducing unnecessary paperwork and burden
while maintaining the important rights and protections of children with
disabilities and their families.
Invitation To Comment
We encourage your comments on the broad areas identified in
the
preceding paragraphs (under Need for Reauthorization). Because we
believe that reforms to IDEA should be based, to the greatest degree
possible, on evidence that demonstrates the need for reform and that
can guide those reforms, we are also particularly interested in
receiving factual information and research in these broad areas. We
also seek comment on the following specific areas:
(1) Accountability. How, and to what degree, are children
with
disabilities being included in State and local accountability systems?
What barriers exist to inclusion of these children in the
accountability systems? What recommendations do you have to eliminate
these barriers?
(2) Personnel Issues. In what areas of special education and
related services (or early intervention services) are States and school
districts (or lead agencies) experiencing problems in finding and
retaining qualified personnel? Are funds that are available at the
Federal, State, and local levels being used effectively to address
personnel shortages? For teachers, administrators, and others
responding to these questions, what recommendations do you have to
alleviate personnel shortages?
Are the pre-service and in-service training programs offered
by
State and local educational agencies based on research-derived methods
that are proven to improve results for children? Do regular and special
education teachers believe their college preparation programs prepared
them to teach students with disabilities? Do local administrators
believe the regular and special education teachers they are hiring are
qualified to teach students with disabilities?
(3) Parent Involvement. For parents of children with disabilities,
what barriers to meaningful participation in your child's education
have you experienced? For school districts, what barriers have you
faced in ensuring meaningful parent involvement? For parents and
professionals involved in the early intervention program under Part C,
what barriers have you experienced? In each of these cases, have you
experienced any efforts to increase parent involvement that you believe
are successful? If so, please describe them.
(4) Transition to Post-School Endeavors. To what extent are
school
aged students with disabilities routinely participating in their IEP
meetings? What barriers exist to full implementation of the IDEA's
current transition requirements? What recommendations do you have to
eliminate these barriers?
(5) Excessive Paperwork. For administrators, teachers, or
other
personnel, describe any burdens you are experiencing in implementing
the Part B (or Part C) requirements. What specific requirements are
problematic, and what kinds of problems are you having? What
recommendations do you have to resolve these problems? What paperwork
requirements do little to further educational goals of children with
disabilities and/or provide appropriate protections to the children and
their families? What paperwork is completed by clerical staff,
administrators, special education teachers, and regular education
teachers? What paperwork now completed by teachers and administrators
could be completed by clerical staff, if they were available? What
steps have you taken in order to try to reduce IDEA paperwork burden?
(6) Local School Districts--20 Percent Funds. Under section
613(a)(2)(C), a school district may treat as local funds up to 20
percent of the amount it receives under Part B that exceeds the amount
it received during the prior fiscal year. To what extent are school
districts using this authority? How are school districts using the
local funds that become available?
(7) Use of Insurance under Part C. To what extent are private
and
public insurance used in paying for early intervention services under
Part C in your State? Have parents suffered any financial or other
difficulties resulting from the use of their insurance? What
difficulties do lead agencies have in accessing public or private
insurance?
In submitting your comments, please identify the area of your
involvement in special education, regular education or early
intervention, as well as your role, if any, in that area (e.g., parent,
teacher, student, service provider, administrator, or researcher). In
addition, if appropriate to your comments, please identify the specific
Part and section of IDEA that is the subject of your comments, and
specify why the statute needs to be amended.
Program Authority: 20 U.S.C. 1400 et seq.
Dated: December 28, 2001.
Loretta L. Petty,
Acting Assistant Secretary for Special Education and Rehabilitative
Services.
[FR Doc. 02-623 Filed 1-9-02; 8:45 am]
BILLING CODE 4000-01-U
NADDC Comments
Good afternoon, I am Mary Kelley, Director of Governmental Affairs for the
National Association of Developmental Disabilities Councils (NADDC).
NADDC
appreciates the opportunity to offer comments and suggestions regarding the
reauthorization of IDEA.
NADDC is firmly committed to the Individuals with Disabilities Education Act
and the principles of a free appropriate public education for all students
with disabilities in the least restrictive environment. IDEA has had
countless positive impacts on children with disabilities, their peers
without disabilities, their families, teachers and many others. Education
unlocks human potential. In this sense, the impact of IDEA is profound and
immeasurable. This law, intended to assure the right of children with
disabilities to a free appropriate public education in the least restrictive
environment, has been a great success. Children with disabilities, who were
once excluded, are now educated with children without disabilities.
Students are able to go on to higher education, become employed and lead
more fulfilled, independent lives as contributing members of the community.
Though we celebrate its success, our presence here today recognizes that as
with every human undertaking, the daily working of IDEA has been and is
imperfect. IDEA is a good law, yet in too many cases, the principles of
IDEA are not fully honored, the law is not fully implemented and adequate
financial and other support is not provided to enable IDEA to reach its
potential. Too many children with disabilities are shortchanged.
There are
eight areas in which NADDC believes that we can improve. Those are:
• Free Appropriate Public Education (FAPE)
• Least Restrictive Environment (LRE)
• Transition
• Parental Participation
• Suspension/Expulsion Policies
• Early Intervention
• Personnel Preparation, and
• Full Funding
FAPE & LRE: NADDC believes that all children have the right to a
quality
public education. All children with disabilities in need of special
education and related services must be identified and provided a free
appropriate public education in the least restrictive environment,
regardless of the nature and/or severity of their disability or
disabilities. More must be done to honor the principle of inclusion.
Recent statistics show that too many children continue to be educated
separately from their non-disabled peers. This is especially true for
children with mental retardation, autism and other developmental
disabilities. We must understand why this continues and commit to doing what
is necessary to improve this situation. We can and must individualize
education so that it meets the unique needs of every student with or without
a disability. Adequate supports and services must be provided at the IEP
level to keep children in the general education classroom. Related services
are critical to a child's success in school, and availability of such
supports and services must be assured. Children with and without
disabilities learning together can greatly assist all children to succeed in
their school years and beyond.
TRANSITION: The transition of students with disabilities needs
improvement.
Parents and students with disabilities must receive information on
transition issues such as the management of vocational and community living
supports, so that parents and students understand what supports are needed
and available to facilitate access to full employment and successful
careers; post-secondary school and/or training and life in the community.
IEPs must include goals for self-determination. Ultimately, students must
transition in ways that provide realistic prospects for adequate income and
career paths.
PARENTAL PARTICIPATION: Parental participation in the development,
implementation and monitoring of Individual Education Programs, Individual
Family Service Plans and in broader systems issues as well, must be
supported. Due process rights ensuring parents rights to be fully
informed
and involved in their child's education must be protected. Accountability
and monitoring must be improved, to assist administrators, educators,
parents and students in fully realizing the potential of IDEA, and to assure
real consequences for non-compliance with the law. IDEA should be
standards
and performance based and all children must be included in state and
district assessments of student progress. Such assessments must be
developmentally appropriate and suitable accommodations must be provided.
SUSPENSION & EXPULSION POLICIES: NADDC fully supports efforts to
encourage
and assist schools in the establishment and implementation of
research-based, effective programs that prevent school violence. All
students must be accountable for their actions, but at the same time a child
's IEP must continue to be effectively implemented. Educational services
must be continued for students with and without disabilities who are
suspended or expelled. These students must have access to services
appropriate to their educational goals, including educational and mental
health services necessary to prevent the behavior from reoccurring.
EARLY INTERVENTION: Early Intervention is critical to children with
disabilities. It improves outcomes and can prevent additional educational
challenges for children. States must have the resources to effectively
screen and identify all eligible children for developmentally appropriate
progress. NADDC supports research-based instruction and intervention for all
students. All children should also have access to early reading programs.
However, we also recognize that some students will not respond to this
instruction and will continue to need special education and related
services.
PERSONNEL PREPARATION: Improvements in personnel preparation will bring
tremendous improvements in student outcomes. We must improve quality and
strengthen professional development of general and special education
teachers, administrators, related services personnel and paraprofessionals.
General education teachers must receive education and continuing education
regarding the needs of special education students. For example:
curriculum
modification, behavior management and best practices; instruction in these
areas will also improve instruction for all students. Special educators
need more and better instruction on facilitating the inclusion of students
with significant disabilities in the general education classroom. We must
also address the chronic problem of the shortage of special education
teachers and related services personnel.
FULL FUNDING: Finally, we must support students, parents and school
personnel by providing full funding for Part B of IDEA and increased funding
for the other parts of IDEA.
NADDC recognizes the central role education plays in the lives of all
individuals. It plays a key role in assisting people with developmental
disabilities to achieve independence, self-determination, productivity,
integration and inclusion in all aspects of community life. More than 20
years after its inception, IDEA is and remains a key piece of legislation
impacting countless thousands of lives, both of people with disabilities and
those without. With improvement in the eight areas, Free Appropriate
Public
Education (FAPE), Least Restrictive Environment (LRE), Transition, Parental
Participation, Suspension/Expulsion Policies, Early Intervention, Personnel
Preparation, and Full Funding, IDEA will meet the outcomes set by Congress.
We look forward to IDEA continuing to help more children to achieve their
dreams through quality education.
Mary M. Kelley
Director of Governmental Affairs
National Association of Developmental Disabilities Councils (NADDC)
1234 Massachusetts Ave., NW, Suite 103
Washington, DC 20005
Phone: 202-347-1234 x 4
Fax: 202-347-4023
Email: mkelley@naddc.org
******************************
DEPARTMENT OF EDUCATION
Office of Special Education and Rehabilitative Services
Reauthorization of the Individuals With
Disabilities Education Act
AGENCY: Office of Special Education and Rehabilitative Services, Department of
Education.ACTION: Notice of request for public comment on the Individuals with
Disabilities Education Act and its implementation.
-----------------------------------------------------------------------
SUMMARY: The Secretary of Education invites written comments from the public on
the Individuals with Disabilities Education Act (IDEA) to assist the Department
in preparing for reauthorization of the Act in 2002.DATES: In order to ensure
that your comments are considered by the Department in preparing its
legislative proposal on IDEA, we encourage you to submit the comments before
February 25, 2002.ADDRESSES: All comments concerning the reauthorization of
IDEA should be addressed to Thomas Irvin, Office of Special Education and
Rehabilitative Services, U.S. Department of Education, and submitted by one of
the following methods:1. Internet. We encourage you to send your comments
through the Internet at the following address: Comments@ed.gov.You
must use the term IDEA Reauthorization in the subject line of your electronic
message.2. Surface Mail. Alternatively, you may submit your comments via
surface mail to: Office of Special Education and Rehabilitative Services, U.S.
Department of Education, 400 Maryland Avenue, SW., Mary E. Switzer Building,
Room 3086, Washington DC 20202-2570.To ensure that we do not receive duplicate
copies of comments, please submit your comments only one time--using one of the
two methods described in the preceding paragraphs (Internet or surface
mail).FOR FURTHER INFORMATION CONTACT: JoLeta Reynolds or Thomas Irvin (202)
205-5507. If you use a telecommunication device for the deaf (TTD) you may call
the TDD number at (202) 205-5465.Individuals with disabilities may obtain this
document in an alternative format (e.g., Braille, large print, audiotape, or
computer diskette) on request to Katie Mincey, Director of the Alternate
Formats Center. Telephone: (202) 205-8113.Electronic Access to This DocumentYou
may view this document, as well as all other Department of Education documents
published in the Federal Register, in text or Adobe Portable Document Format
(PDF) on the Internet at the following site: www.ed.gov/legislation/FedRegister.
To use PDF you must have Adobe Acrobat Reader, which is available free at this
site. If you have questions about using PDF, call the U.S. Government Printing
Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202) 512-1530.Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the official edition
of the Federal Register and the Code of Federal Regulations is available on GPO
Access at: http://www.access.gpo.gov/nara/index.html/SUPPLEMENTARY
INFORMATION:Background and Description of the ActOn June 4, 1997, the
Individuals with Disabilities Education Act (IDEA) Amendments of 1997 were
enacted into law as Pub. L. 105-17. These Amendments reauthorized and made
significant changes to IDEA to accomplish the following: (1) Ensure better
results for children with disabilities, while retaining (and expanding upon)
the rights and protections under prior law; (2) revise the discretionary
programs to strengthen the capacity of States to effectively serve children
with disabilities, including infants and toddlers with disabilities; and (3)
make other improvements to IDEA, including simplifying the structure and
organization of the Act.As authorized by the 1997 Amendments, IDEA is divided into
four major parts:Part A (General Provisions) includes the findings and purposes
of the Act; definitions; authority for the Office of Special Education
Programs; abrogation of State sovereign immunity; authority for the acquisition
of equipment and construction of facilities; provisions regarding the
employment of individuals with disabilities; and requirements for prescribing
regulations.Part B (Assistance for Education of All Children with Disabilities)
authorizes a State formula grant program for the education of children with
disabilities aged 3 through 21. The Act includes provisions regarding--(1)
conditions for State and local eligibility (e.g., ensuring a free appropriate
public education for all eligible children); (2) evaluations, child eligibility,
and individualized education programs (IEPs); and (3) procedural safeguards
(e.g., mediation, due process procedures, and pendency or stay-put
requirements, including discipline procedures). In addition, Part B includes
other provisions, including data collection requirements.Part B also authorizes
a Preschool Grants program that provides additional funds to help States
provide special education and related services to children with disabilities
aged three through five.Part C authorizes the early intervention program for
infants and toddlers with disabilities, which provides Federal assistance to
help States maintain and implement a statewide system of early intervention
services for young children with disabilities, aged birth through two, and
their families. The Act sets out eligibility conditions for State participation
in the program, including--(1) a policy that ensures appropriate early
intervention services for all eligible children, including, at State
discretion, children who are at risk of experiencing substantial developmental
delays; and (2) other requirements (e.g., provisions regarding individualized
family service plans (IFSPs), natural environments, procedural safeguards, and
financing of early intervention services).Part D authorizes a series of
discretionary programs to support National activities to improve the education
of children with disabilities, including State Improvement Grants, coordinated
research and personnel preparation, parent training and information centers,
technical assistance and dissemination, technology development, demonstration,
and utilization, and media services.Need for ReauthorizationTwo major parts of
IDEA will expire on September 30, 2002: Part C (Infants and Toddlers with
Disabilities); and Part D (National Activities to Improve Education of Children
with Disabilities). Thus, we are seeking broad public input regarding changes
needed to improve implementation of the early intervention program for infants
and toddlers with disabilities under Part C, and the effectiveness of the
National Activities under Part D.We also will consider all relevant comments
received on the Notice of Proposed Rulemaking (NPRM) for the Part C program
that was published on September 5, 2000 (65 FR 53808). (The Secretary is
publishing a Notice withdrawing the Part C NPRM in this issue of the Federal
Register.)Although Part B of IDEA is permanent legislation with no requirement
for reauthorization, the reauthorization[[Page 1412]]process for Parts C and D
provides an opportunity to carefully examine Part B as well.The President has
laid out four principles of education reform to ensure that no child is left
behind. These principles are: accountability for results, local control and
flexibility, empDEPARTMENT OF EDUCATIONOffice of Special Education and
Rehabilitative ServicesReauthorization of the Individuals With Disabilities
Education ActAGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
To See the rest of the story:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&docid=02-623-filed
******************************
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