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The Office of Special Education and Rehabilitative Services (OSERS), U.S. Department of Education (ED), has released an unofficial copy of the long-awaited proposed regulations on Part C (infants and toddlers program, 0-2 years) of the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Improvement Act of 2004 (commonly known as IDEA 2004). The proposed regulations can be accessed at ED's Web site. The official copy of the proposed regulations is scheduled to be published in the May 9, 2007 Federal Register and comments on the regulations must be received by July 23, 2007.
The proposed regulations would impact the following issues:
- Restructure the current regulations to follow the order of the statute (IDEA 2004), and include those pertinent regulatory provisions of Part B into Part C;
- Increase state flexibility options by incorporating the new provisions in IDEA, such as mediation, the option for children 3-5 years to continue Part C services;
- Complex provisions on such as issues as confidentiality, use of private and public insurance, and children with complex disabilities, including cochlear implants; and
- Aligning Part C to Part B, including minimizing the burden of lead agencies and encouraging a streamline system; 75 % of lead agencies are health agencies and the remaining 25% are education agencies.
Some specific areas of comments being sought by ED include:
- Evaluation timeline – the rule proposes that this occurs at consent rather than referral;
- Public/private insurance – using programming income as proceeds; and
- Detailed questions under the cost benefits analysis in the preamble, including making Part C available to 3-5 year olds, and public insurance/benefits data and research states may have.
ED will host regional public meetings about the notice of proposed rulemaking (NPRM) to be held as follows:
- June 4, 2007, 4:00 p.m. to 7:30 p.m., Portland, Oregon
- June 6, 2007, 4:00 p.m. to 7:30 p.m., Oklahoma City, Oklahoma
- June 11, 2007, 4:00 p.m. to 7:30 p.m., Indianapolis, Indiana
- June 14, 2007, 3:00 p.m. to 7:30 p.m., Washington, DC
Details on locations will be posted in a later Federal Register notice.
Please note that ED will not accept comments by fax or by e-mail. Comments may be submitted through the Federal Docket Management System, a new dedicated site, Federal eRulemaking Portal for the receipt of comments to Federal agencies. Comments can also be sent via postal mail, commercial delivery, or hand delivery.
ASHA has mobilized a Member Advisory Group and a National Office staff team, which are in the process of conducting a thorough analysis of the proposed regulations, including the impact on the professions of speech-language pathology and audiology. Continue to check ASHA's IDEA Advocacy Center Web site for further updates and analysis of the proposed regulations. For more information, please contact Catherine D. Clarke, ASHA's Director of Education and Regulatory Advocacy, by e-mail at cclarke@asha.org or by phone at 800-498-2071, ext. 4159.
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