[Federal Register Volume 59, Number 183 (Thursday, September 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23392]
[[Page Unknown]]
[Federal Register: September 22, 1994]
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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]
BILLING CODE 4000-01-P
