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In response to input from members, ASHA is advocating for the following issues throughout the regulatory process. Working on behalf of members, ASHA submitted comments during a comment period prior to the development of regulations by the U.S. Department of Education (ED) and in response to the Notice of Proposed Rulemaking. Although the ED may not incorporate all of these recommendations into the final regulations that are slated to be released in late 2005/early 2006, ASHA is working to shape the regulations to promote effective school-based practice. Visit ASHA's IDEA Information Center for more details on ASHA's comments to ED.
1. Personnel Qualifications
ASHA is particularly concerned about the potential changes in personnel qualification standards and hiring practices that may result from changes in IDEA 2004. The new IDEA regulations should specify the obligations of state education agencies in maintaining appropriate professional qualifications, and should outline steps for recruitment and retention of highly qualified related services personnel.
2. Personnel Recruitment and Retention
ASHA believes that additional guidance should be included in the regulations to ensure that Local Education Agencies implement proven strategies, such as specifying reasonable workloads for related services providers, incentive programs, and sign-on bonuses.
3. Personnel Qualifications for Paraprofessionals and Assistants
ASHA strongly believes that parameters be identified that specify how paraprofessionals and assistants should be trained, used, and supervised. It is critical that the ED provide detailed information for states to implement the provisions for using paraprofessionals and assistants.
4. Personnel Qualifications for Related Service Providers
Personnel qualifications for related services personnel in ED's proposed regulations state that they must “have not had certification or licensure requirements waived on an emergency, temporary, or provisional basis.” ASHA believes clarification is needed for further explanation of the terms emergency, temporary, or provisional to guide State Education Agencies.
5. Other Health Impairment
ASHA recommended the addition of dysphagia to the section that deals with other health impairments.
6. Related Services Exceptions
In the section listing exceptions for related services, ASHA recommended removing the phrase "the optimization of device functioning, maintenance of the device" from the exception of the definition of related services. The inclusion of this phrase may restrict the ability of audiologists and SLPs to recommend related services for children with cochlear implants.
7. Assistive Technology
ASHA recommended that the definition of assistive technology and proper functioning of hearing aids be expanded to include "and other hearing enhancement devices" so that each public agency ensure that hearing aids and other hearing enhancement devices worn in school by children with hearing loss are functioning properly. This addition would ensure the proper functioning of personal and classroom amplification systems in addition to hearing aids.
8. Definition of Audiology
The definition of audiology should be modified to include identification of children with "other auditory related disorders." ASHA also recommended language that reflects current audiology practice in the schools, which includes provision of comprehensive audiologic (re)habilitation services and consultation.
9. Early Intervening Services
ASHA supports language in the proposed regulations reinforcing that early intervening services are a short-term approach to making necessary instructional modifications and/or building requisite skills for children who are not identified as having a disability. ASHA also recommends that related service providers be added to the definition of personnel who may provide early intervention services.
13. IEP Team Attendance
When IEP team members are excused from a meeting, ASHA recommended language that requires the team member to agree to being excused. The IEP team member should be present if his or her professional expertise is needed at the meeting.
14. Parent Participation
ASHA recommended the addition of language that requires the use of interpreters at the IEP team meeting for parents who are deaf or for those whose first language is not English.
15. IEP Development, Revision, and Review
During the review and revision of an IEP, it is essential to consider the individual needs of students and take into consideration additional factors that may be affecting their ability to succeed.
16. Disproportionality
ASHA supported the proposed regulations that clearly outline consequences for states that identify problems with disproportionality in the identification of students for special education or in the placement of students in particular education settings.
17. Students Enrolled in Private Schools By Their Parents
The new IDEA 2004 law changes local school districts' focus to students with disabilities attending private schools located within their district. Because no child in a private school is entitled to any particular services, the determination of what students are served and what services they receive are all matters of consultation between public school officials, private school officials, and parents.
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