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Judy B. Engelhard, CAN Coordinator for the Division for Learning Disabilities, provides brief reports for TeachingLD.org so that visitors can keep informed about important developments in policies affecting students with learning disabilities and their teachers. TeachingLD.org is pleased to offer this page as a place for people concerned with learning disabilities to keep up to date.
10 January 2005 (Updated January 25, 2005)
JANUARY 2005 LEGISLATIVE UPDATE
PUBLIC COMMENTS AND RECOMMENDATIONS REQUESTED
On December 3, 2004, President Bush signed into law the Individuals with Disabilities Education Improvement Act of 2004, Pub. L. 108-446, which amended the current IDEA. Copies of the new law are available at http://www.gpoaccess.gov/plaws/index.html.
The next step in the process is public comment and recommendations for developing regulations to implement the new IDEA. The deadline for this input is February 28, 2005 through the Office of Special Education and Rehabilitative Services (OSERS), Department of Education. Details on this procedure follow and are available here.
NOTE: DLD has worked with other LD organizations to draft recommendations for regulations, with particular emphasis on the identification of LD, requirements for teachers of students with LD, and changes to IEP requirements. A copy of those recommendations will be available at TeachingLD.org very soon. We would like all of our members and other interested persons to advocate for these recommendations during this comment period.
ANNOUNCEMENT OF COMMENT PROCEDURES FROM OSERS
The following are excerpts from the official announcement from OSERS about making comments and recommendations for regulations.
SUMMARY: The Secretary of Education solicits comments and recommendations from the public prior to developing and publishing proposed regulations under 34 CFR parts 300 and 303 to implement programs under the recently amended IDEA. The Secretary also announces plans to hold informal public meetings to seek further input about those regulations in light of the statutory amendments.
DATES: In order to be assured of consideration as we develop proposed regulations, comments and recommendations should be received on or before February 28, 2005.
WRITTEN COMMENTS: We invite you to submit comments and recommendations regarding changes to 34 CFR parts 300 and 303 that you believe are needed, particularly to clarify a provision in the new law or to facilitate its implementation. We encourage you to make your comments as specific as possible regarding the nature and scope of regulatory action necessary to achieve the objective you are seeking. Also, if appropriate to your comments, please identify the specific part and section (or subsection) of the amended IDEA that is the subject of your recommendations, and specify how a proposed change to a given provision in the regulations will clarify or help to improve implementation of the new statutory provision.
Please include the following with your comments and recommendations: A description of 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).
During and after the comment period, you may inspect all public comments about this notice in room 5126, Potomac Center Plaza, 550 12th Street, SW., Washington, DC, between the hours of 8:30 a.m. and 4 p.m., eastern time, Monday through Friday of each week except Federal holidays.
ADDRESSES: Address all comments and recommendations to: Office of Special Education and Rehabilitative Services U.S. Department of Education 400 Maryland Avenue, SW. Potomac Center Plaza, room 5126 Washington, DC 20202-2641
If you prefer to send your comments through the Internet, you may send them at the U.S. Government Web site: http://www.regulations.gov.
Or you may send your Internet comments at the following address: comments@ed.gov.
PLEASE NOTE: You must include the term "Comments on IDEA-2004" in the subject line of your electronic message. Please submit your comments only one time, in order to ensure that we do not receive duplicate copies.
If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service (FRS) at 1-800-877-8339.
Individuals with disabilities may obtain this document in an Alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting Troy R. Justesen. Telephone: (202) 245-7468.
PUBLIC MEETINGS: The following is a preliminary announcement of our plans to hold a series of informal meetings during the first few months of calendar year 2005, to seek comments and recommendations for developing regulations, as needed, based on the Individuals with Disabilities Education Improvement Act of 2004.
Individuals can register to comment at the door, on a first-come first-served basis. Registered individuals will have two to five minutes to comment, depending upon the amount of individuals registered. Individuals can provide oral and written comments at the meetings; written comments that accompany oral remarks are optional.
Questions can be directed to OSERS main number, 202-245-7468, or, if a telecommunications device for the deaf (TDD) is needed, individuals may call the Federal Information Relay Service (FIRS) at 1-800-877-8339.
For a copy of the law, please visit the Office of Special Education Programs (OSEP) website, http://www.ed.gov/about/offices/list/osers/osep/index.html and go to The Individuals with Disabilities Education Improvement Act of 2004.
Electronic Access to This Document: You may view Department of Education documents published in the Federal Register, in text or Adobe Portable Document Format (PDF) on the Internet at the following site: http://www.ed.gov/news/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.
Judy B. Engelhard
CAN Coordinator, DLD
