[Federal Register Volume 59, Number 183 (Thursday, September 22, 1994)]
[Unknown Section]
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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]
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