Reauthorization of the Individuals with Disabilities Education Act

DEPARTMENT OF EDUCATION

Office of Special Education and Rehabilitative Services

Reauthorization of the Individuals with Disabilities Education

Act

AGENCY: Department of Education.

ACTION: Notice of request for public comment on the provisions and

implementation of the Individuals with Disabilities Education Act.

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SUMMARY: The Secretary of Education invites written comments from the

public on the Individuals with Disabilities Education Act (IDEA) to

assist in the development of reauthorization legislation and for other

purposes.

DATES: Comments must be received on or before November 7, 1994.

ADDRESSES: Written comments should be addressed to Dr. Thomas Hehir,

Director, Office of Special Education Programs, U.S. Department of

Education, Mary E. Switzer Building, 330 C St., S.W., Room 3086,

Washington, DC 20202-6132.

FOR FURTHER INFORMATION CONTACT: Dr. Theda Zawaiza. Telephone (202)

205-8148. Individuals who use a telecommunication device for the deaf

(TDD) may call (202) 205-5465 or the Federal Information Relay Service

(FIRS) at 1-800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern time,

Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Need for Reauthorization

Parts C through H of the IDEA are authorized through fiscal year

1994. Reauthorization of those portions of the Act provides an

opportunity to consider improvements to the entire IDEA, including

other portions of the Act, that would strengthen the Federal effort to

give every child a world-class education based on high standards.

Description of the Act

Part A of the IDEA includes the findings and purpose of the Act;

definitions; authority for the Office of Special Education Programs;

provisions regarding State sovereign immunity; authority for the

acquisition of equipment and construction of facilities; requirements

relating to the employment of individuals with disabilities; grants for

the removal of architectural barriers; regulatory provisions; and

eligibility and administrative provisions applicable to the

discretionary programs authorized in section 618 of Part B and Parts C

through G.

Part B authorizes two formula grant programs: (1) Assistance to

States for Education of Individuals with Disabilities program, which

assists States in providing special education and related services to

children, aged 3 through 21 years, with disabilities; and (2) the

Preschool Grants for Children with Disabilities program, which provides

additional funds to help States provide services to children, aged 3

through 5 years, with disabilities.

As part of the reauthorization of the Elementary and Secondary

Education Act of 1965 (ESEA), the Administration proposed that the

Chapter 1 Handicapped program currently authorized under Title I of the

ESEA be eliminated and all children with disabilities be served under

the IDEA.

Section 618 of Part B includes requirements for the collection of

data; requirements for an annual report on the progress being made

under the Act and the publication of proposed priorities; and authority

for other activities relating to implementation of the Act and national

program information needs.

Parts C though G authorize a variety of discretionary research,

demonstration, training, technical assistance, and dissemination

activities. Part C addresses the regional resource and Federal centers;

services for deaf-blind children and youth; early education for

children, aged birth through 8 years, with disabilities; programs for

children with severe disabilities; postsecondary education; secondary

education and transitional services for youth with disabilities; and

programs for children and youth with serious emotional disabilities.

Part D addresses personnel training; grants to State educational

agencies and institutions for traineeships; parent training and

information; and the national clearinghouses on children and youth with

disabilities, postsecondary education, and careers in special

education. Part E addresses research and related activities, including

research and demonstration projects in physical education and

recreation. Part F addresses instructional media for individuals with

disabilities, including the program dealing with captioned films,

television, descriptive video, and educational media. Part G addresses

technology, educational media, and materials.

Part H authorizes the Grants for Infants and Toddlers with

Disabilities program, which provides Federal assistance to help States

develop and implement statewide, comprehensive, coordinated,

multidisciplinary, interagency programs for early intervention services

for infants and toddlers with disabilities and their families. States

must serve all children aged birth through two years who: (1) Are

experiencing developmental delays as measured by appropriate diagnostic

instruments and procedures in one or more of the following areas:

cognitive, physical, communication, social, emotional, or adaptive

development; or (2) have a diagnosed physical or mental condition that

has a high probability of resulting in developmental delay.

``Developmental delay'' is defined by each State. At their discretion,

States may also serve infants and toddlers who are at risk of having

substantial developmental delays if early intervention services are not

provided. To be eligible for funding, the statewide system must include

the 13 minimum components required by the statute and must be fully

implemented.

Funds are distributed to States based on their proportionate share

of birth-through-two-year olds in the general population. No State,

however, may receive less than one-half of one percent of the funds

available to States. Under the Administration's proposal to merge the

Chapter 1 Handicapped program with the programs under the IDEA, States

would receive no less under the Grants for Infants and Toddlers with

Disabilities Program in 1995 and thereafter than the combined total

they received in 1994 for children birth through two years of age under

the Grants for Infants and Toddlers with Disabilities program and the

Chapter 1 Handicapped program.

Objectives of Reauthorization

The fundamental objective of the Department's reauthorization

effort is to improve results for students with disabilities in

America's schools. Reaching this goal requires:

Aligning the IDEA with State and local school reform

efforts to ensure a system that enables children with disabilities to

benefit from those efforts;

Preparing teachers and administrators to work more

effectively with children and youth with disabilities in all

educational settings;

Promoting the education of children with disabilities in

the least restrictive environment and non-categorical approaches to

services to better meet the needs of each child with a disability;

Improving the quality of educational services;

Focusing resources on teaching and learning; and

Improving working relationships between parents and

schools.

Issues for Public Comment

The Secretary solicits comments and suggestions regarding the

reauthorization of the IDEA. Parts A and B (except for Section 618) of

the IDEA are authorized indefinitely. Statutory authority for Parts C

through H expires at the end of fiscal year 1994. However, Parts C

through H will be automatically extended by law through fiscal year

1995. Comments are especially invited on the following issues that have

been identified thus far by parents, teachers, State and local

education administrators, and others concerned with the IDEA

reauthorization.

Assistance to States and Preschool Grants Programs (Part B)

To what extent and under what conditions should children

with disabilities be expected to achieve to State standards and how

should children with disabilities be included in State assessment

programs?

Are there any changes to the legal framework for initial

evaluations or for triennial reevaluations of children that could help

States and LEAs improve instruction and services for students with

disabilities and focus more resources on teaching and learning?

Are there any changes to the current eligibility

requirements, including the use of 13 separate disability categories,

that would promote the education of children with disabilities in the

least restrictive environment and non-categorical approaches that

better meet the needs of each child?

Are there any improvements to statutory provisions

concerning Individualized Education Programs that would increase their

effectiveness as tools for educational planning and that would better

enable teachers and parents to help children achieve to high standards?

Without diminishing the rights and protections afforded

children with disabilities and their parents, how can resolving

disputes be made less time-consuming, costly, and adversarial?

Should there be any changes to the IDEA to address school

safety issues, and if so, what changes would be appropriate?

What changes to the IDEA would help States and LEAs

improve the identification of, and services to, children with

disabilities from culturally and linguistically diverse backgrounds?

What changes to the IDEA would support parents and schools

in working closely together to improve educational results for students

with disabilities?

Are there any changes to the Part B funding formula that

would improve the program?

Should schools that are implementing schoolwide projects

under Title I of the Elementary and Secondary Education Act of 1965 be

permitted to use IDEA funds for those projects as long as eligible

children under IDEA continue to receive the rights and protections

guaranteed by IDEA? If so, what other conditions, if any, should apply?

Are there any changes to IDEA that should be made to

address the needs of students, particularly those in kindergarten

through third grade, who have not been identified as disabled, but who

are having learning or emotional difficulties that may lead to them

being identified as disabled at a later age and who may benefit from

intervention in the early grades?

Discretionary Grant Programs (Parts C-G)

Current law authorizes a wide range of discretionary programs that

support research, demonstrations, outreach, training, technical

assistance, dissemination and other activities. Because these programs

have evolved over time to address needs as they arose, there is

considerable variation in authorized activities, terminology, target

populations, eligible applicants, and funding requirements. For

example, some programs focus on funding particular types of activities

while other programs focus on specific disability categories or age

ranges.

The Department is interested in determining how it can improve the

discretionary authorities, particularly its technical assistance and

training activities.

How can the Department improve the coherence and

effectiveness of its discretionary programs?

How can resources from different programs be consolidated

or coordinated to address issues that cut across age ranges, disabling

conditions, and types of activities?

Are there less categorical approaches that would better

serve the needs of children with disabilities and their families?

Should all resources for personnel development be

consolidated into a single program to permit greater flexibility in

meeting changing personnel training needs?

Professional Development

Qualified personnel are key to the provision of appropriate

educational and early intervention services and to school reform.

States are responsible for developing and implementing comprehensive

systems of personnel development (CSPD) to ensure that the personnel

working with children with disabilities have the knowledge and skills

necessary to provide a high quality education. IDEA funding for

professional development includes: (1) Part B formula funds that go to

the States and LEAs and may be used for a variety of purposes, of which

professional development is only one of many competing uses; (2) Part D

discretionary funds, which, by law, go primarily to institutions of

higher education to support pre-service training of special education

teachers; and (3) discretionary funds awarded under other parts such as

Part C.

The Department is interested in determining how to improve

professional development of all teachers working with children with

disabilities.

Are there any changes to the current law that would help

to ensure that all teachers working with children with disabilities,

including regular education teachers, have the training they need to

help children with disabilities achieve to high standards?

Are there any changes that would help States to better

design and implement their CSPDs?

Are there any changes that would help ensure that pre-

service and in-service training meets the needs of States and LEAs and

supports local school reform efforts?

Part H--Infants and Toddlers With Disabilities

The current formula for the Grants for Infants and Toddlers with

Disabilities Program allocates funds based on the number of birth-

through-two-year-olds in a State's general population. The percentage

of infants and toddlers in the general population served under this

program varies widely among States. Some States advocate retaining the

current formula, at least in the near term, while other States have

suggested that funds be distributed based on a count of children

actually served rather than population. In addition, some practitioners

have suggested that the formula for allocating funds should take into

consideration other factors in addition to population, including the

fiscal capacity of States.

The Department is interested in receiving comments on whether the

current Part H formula should be retained or changed, and, if so, how.

Should the number of children in poverty be a factor in

allocating funds so that high-poverty areas receive a greater share of

the funds?

How can States be encouraged to identify and serve more

at-risk infants and toddlers?

Should States be given the discretion to provide, as

appropriate, a limited (as opposed to the full) array of services to

at-risk children and their families?

What statutory and regulatory barriers exist that impede

successful Part H implementation, including identifying eligible

infants and toddlers, providing services, and obtaining financing for

services?

What statutory changes are needed to improve coordination

of services and resources at the Federal, State, and local levels?

Should current law, which allows States, at their

discretion, to charge sliding fees for early intervention services, be

re-examined?

Format for Comments

This request for comments is designed to elicit views of interested

parties on whether and how the IDEA can be strengthened to improve

services and results. It is not intended to express views on any issues

or to indicate the intention of the Secretary to propose any particular

changes in the provisions of the Act.

The Secretary requests that each respondent identify her or his

involvement in the area of special education, regular education, or

early intervention (e.g., parent, teacher, service provider,

researcher), if any. The respondent may address the issues raised in

this notice, as well as raise any other issue relating to the

reauthorization of IDEA. If appropriate, also please identify the

relevant IDEA provision that is the subject of the comment and specify

why the statute requires amendment.

The Secretary urges each commenter to be specific regarding her or

his suggestions and to include, if possible, actual wording changes

that the commenter proposes in the IDEA.

Invitation to Comment

The Secretary intends to submit the Department's bill to

reauthorize the IDEA to Congress early in 1995. To ensure an

opportunity for public participation in the development of the

Administration's proposal, the Secretary invites public comment

concerning possible improvements to the Individuals with Disabilities

Education Act.

All comments submitted in response to this notice will be available

for public inspection, during and after the comment period, in Room

3090, Switzer Building, 300 C Street, S.W., Washington, D.C., between

the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday of each

week except Federal holidays.

Program Authority: 20 U.S.C. 1400 et seq.

Dated: September 16, 1994.

Judith E. Heumann,

Assistant Secretary for Special Education and Rehabilitative Services.

[FR Doc. 94-23392 Filed 9-21-94; 8:45 am]

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