New changes to federal regulations C.F.R. 300 et seq.

Have you worked hard to learn the federal statutes and regulations? There is an expression in law, “When you think you know the law, it has probably already changed.” That is the reality. Statutes and regulations are fluid documents, frequently being amended and adjusted. So now we have a new set of federal regulations to learn (theres are the regulations we know as C.F.R. 300. et seq.) COPAA has kind provided a chart to guide us through these new regulations.

Mark

I have copied an important OSERS (forwarded by COPAA) announcement regarding new changes to the federal regulations.

NOTE:  Down, about 3/4 of the article three is a live link to a chart which makes the regulation changes easier to understand.

IDEA Regulations Technical Changes

 

On June 30, 2017 the U.S. Department of Education will publish final regulations under Parts B and C of theIndividuals with Disabilities Education Act (IDEA) in the Federal Register. The final regulations make technical conforming changes needed to implement statutory amendments made to the IDEA by the Elementary and Secondary Education Act (ESEA) as amended by the Every Student Succeeds Act (ESSA), and can be found at the Federal Register’s public inspection site on Thursday, June 29th and in the Federal Register on Friday, June 30th. As you know, the ESSA, which was signed into law on December 10, 2015, reauthorized the ESEA, and also made certain changes to sections 602 and 611 through 614 of the IDEA. Consequently, we amended the IDEA regulations in Parts 300 and 303 to reflect the conforming changes and to ensure consistency between Title I of the ESEA and the IDEA Parts B and C regulations.

 

As explained in the preamble to the final regulations, these changes revise relevant regulations that implement the IDEA statutory requirements amended by the ESSA that are applicable to children with disabilities. The amendments remove and/or revise IDEA definitions based on changes made to the definitions in the ESEA, as amended by the ESSA, and also update cross-references to the ESSA in the IDEAregulations. For example, the definitions of the terms “core academic subjects” in §300.10, “highly qualified special education teachers” in §300.18, and “scientifically based research” in 34 CFR §§300.35 and 303.32 have been removed because these terms have been removed from the ESEA, as amended by the ESSA. We note, however, that consistent with section 9214(d)(2) of the ESSA, we have moved the qualification requirements for special education teachers, including the requirements regarding alternate routes to special education teacher certification, from 34 CFR §300.18(b)(1) and (2) to 34 CFR §300.156(c)(1) and (2). In addition, we have revised the definition of “regular high school diploma” in §300.102(a)(3)(iv) to incorporate the definition of “regular high school diploma” in section 8101(43) of the ESSA.

 

The amendments also made revisions to the alternate assessment requirements in 34 CFR §300.160(c). The changes clarify that if a State has adopted alternate academic achievement standards as permitted under section 1111(b)(1)(E) of the ESEA, the State must develop guidelines and conduct alternate assessments that measure the achievement of children with the most significant cognitive disabilities against those standards. To ensure consistency with regulations for Title I of the ESEA in 34 CFR §200.6(c), additional revisions have been made to 34 CFR §300.160(d), (e), (f) to clarify information to be provided to individualized education program Teams and parents regarding children with disabilities who are students with the most significant cognitive disabilities who take alternate assessments aligned with alternate academic achievement standards, as well as applicable reporting requirements.

 

Finally, the amendments also include technical corrections to previously published IDEA Part B regulations. To assist with your review of the regulations, we are attaching a chart that summarizes each change included in the final regulations. This chart notes the previous regulatory language, includes the new regulatory language or notes the relevant deletion, and provides the reasoning and authority for the change.

 

Thank you for your dedication and continued hard work in improving results for children with disabilities.



 

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Protecting Rights. Creating Opportunities. Changing Lives.

The Council of Parent Attorneys and Advocates, Inc. (COPAA) is an independent, nonprofit unparalleled peer-to-peer network of attorneys, advocates, parents and related professionals dedicated to protecting and enforcing legal and civil rights of students with disabilities and their families at the national, state and local levels.

COPAA is premised on the belief that every child has the right to high-quality education and an equal opportunity to achieve his or her full academic potential. States, school districts and schools have an obligations under federal and state law to ensure that each student receives an individualized education that prepares them for work, college, and participation in his or her chosen community.

 

We work to increase the quality and quantity of advocate and attorney representation. We believe the key to accessing individualized, effective educational programs is assuring that students with disabilities and their parents are equal members of the educational team. 

www.copaa.org

If you wish to stop receiving email from us, you can simply remove yourself by visiting: http://www.copaa.org/members/EmailOptPreferences.aspx?id=16558680&e=mkamleiter@flspedlaw.com&h=dd288f61a7bf68c0a39ddd8d877204d35ded5188

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