Dept. of Education Issues Proposed IDEA 2004 Regulations

In its proposed regulations, the Department of Education indicates it intends to reproduce all regulations in an improved format incorporating the statute and following the statutory order.  The Department outlines the background for its approach. The Department has provided a redesignation table to assist in tracking the new regulations and reordering of some of the old. 

There will be a 75 day comment period starting at the date these proposed regulations appear in the Federal Register. 

The proposed regulations amend the following: 

34 CFR Part 300:

Administrative practice and procedure, education of individuals with disabilities, elementary and secondary education, equal educational opportunity, grant programs—education, privacy, private schools, reporting and recordkeeping requirements.

The 300 regulations are in subparts as follows:   

Subpart A—General

Subpart B--State Eligibility

Subpart C--Local Educational Agency Eligibility

Subpart D—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements

Subpart E—Procedural Safeguards Due Process Procedures for Parents and Children

Subpart F—Monitoring-Enforcement, Confidentiality, and Program Information

Subpart G--Authorization; Allotment; Use of Funds; Authorization of Appropriations

Subpart H--Preschool Grants for Children With Disabilities

34 CFR Part 304

Service obligations under special education, personnel development to improve services and results for children with disabilities.

The table of sections of the amended regulations is lengthy and provides orientation to the new schema. 

The proposed regulations also include an extensive narrative description of the background of the proposal and of the changes. 

SUBPART A–-GENERAL — NARRATIVE

SUBPART B--STATE ELIGIBILITY — NARRATIVE

SUBPART C--LEA ELIGIBILITY — NARRATIVE

SUBPART D--EVALUATIONS, ELIGIBILITY DETERMINATIONS, IEPS, AND EDUCATIONAL PLACEMENTS — NARRATIVE

SUBPART E --PROCEDURAL SAFEGUARDS DUE PROCESS PROCEDURES FOR PARENTS AND CHILDREN — NARRATIVE

SUBPART F -- MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION — NARRATIVE

SUBPART G: AUTHORIZATION; ALLOTMENT; USE OF FUNDS; AUTHORIZATION OF APPROPRIATIONS — NARRATIVE

SUBPART H-PRESCHOOL GRANTS FOR CHILDREN WITH DISABILITIES — NARRATIVE

MISCELLANEOUS PROVISIONS including Executive Order 12866, Regulatory Flexibility, Paperwork Reduction, Intergovernmental Review, Assessment of Educational Impact, Service Obligations re: Personnel Development (Part 304), and Cost Benefit Analysis.