Civic Action

Just passing this along. I threw some emphasis on the part that gets my dander up. It should get yours up as well. If it doesn’t, well either you didn’t read it carefully, or your dander is in need of adjustment. There’s an email address there for comments. Make ‘em.

The U.S. Department of Education is accepting public comment and recommendations on the regulations of the newly reauthorized Individuals with Disabilities Education Act through February 28, 2005. A readable summary of the amended IDEA is available at www.cec.sped.org/pp/IDEA_120204.pdf.

Here are some changes that might be of interest:

• Beginning transition planning at the age of 16 rather than 14 as was the case in the previous version of the act.
• Wording to discourage multidisciplinary teams from persuading parents to accept the absence of the regular classroom teacher from IEP meetings.
• A provision that if parents refuse initial evaluation of their child, the school district may begin due process at that point, i.e., pursuing a district hearing with the intent of securing permission for the evaluation regardless of parental agreement.
• Clarification of allowable alternate achievement testing methods.
• The addition of “further education” to the list of purposes for which education for students with disabilities is provided.
• A statement that educational services cannot be conditioned by the use of medication, that medication use can’t be compelled by the school under threat of withholding services in the absence of medication use.
• School districts are permitted to define learning disability, for example, using a “response to intervention” definition or the traditional ability/achievement discrepancy definition.
• The concept of “universal design” is adopted from the No Child Left Behind Act.

Comments and recommendations can be submitted to the Office of Special Education and Rehabilitative Services at comment@ed.gov.