Final Regulations Related to Parental Consent for the Use of Public Benefits or Insurance

The Department is issuing Final Regulations related to parental consent for the use of public benefits or insurance (e.g., Medicaid) to pay for services under Part B of the IDEA. The regulations will be effective on March 18, 2013.

(February 12, 2013)

IDEA Results-Driven Accountability (RDA)

OSERS Office of Special Education Programs (OSEP) has taken new steps to help close the achievement gap for students with disabilities by moving away from a one-size-fits-all, compliance-focused approach to a more balanced system that looks at how well students are being educated in addition to continued efforts to protect their rights.

• For additional RDA information and resources, go to OSEP's RDA page.

We are interested in engaging stakeholders and hearing your ideas for reframing our accountability system to more effectively focus on improving educational results and functional outcomes for children with disabilities. There will be one question posted for comments at the beginning of a two-week period until fall 2012. At the conclusion of a two-week period, no further comments will be accepted for that question. Previous questions and comments will be visible but no additional comments will be accepted for previous questions. 

• Go to the RDA Comments Page.

(May 2, 2012)

Thirtieth Annual Report to Congress on the Implementation of the Individuals with Disabilities Education Act, Parts B and C. 2008.

The purpose of this report is to provide an annual overview of activities funded under the Individuals with Disabilities Education Act (IDEA), Parts B and C (National Activities to Improve Education of Children with Disabilities), (P.L. 108-446).

(December, 2011)

IDEA Part C Final Regulations published in Federal Register.

The Individuals with Disabilities Education Improvement Act of 2004 Part C Final Regulations governing the Early Intervention Program for Infants and Toddlers with Disabilities were published September 28, 2011, in the Federal Register. These regulations are effective on October 28, 2011.

(September 28, 2011)

IDEA Part B Notice of Proposed Rule published in Federal Register.

In the September 28, 2011 Federal Register, the Secretary proposes to amend regulations under Part B of the Individuals with Disabilities Education Act (IDEA). These regulations govern the Assistance to States for the Education of Children with Disabilities program, including the Preschool Grants program. The Secretary seeks public comment on these proposed amendments regarding the use of public benefits or insurance in which a child participates to provide or pay for services required under Part B of IDEA.

(September 28, 2011)

Posny Remarks on IDEA Part C Final Regulations

September 26, 2011 Video: OSERS Assistant Secretary Alexa Posny remarks on the Individuals with Disabilities Education Act (IDEA) Part C Final Regulations, highlighting key changes.

The video is also available at idea.ed.gov.

(September 26, 2011)

Part C of the Individuals with Disabilities Education Act Regulations

On September 6, 2011, the U.S. Department of Education released the final regulations for the early intervention program under Part C of the Individuals with Disabilities Education Act (IDEA). These final regulations will help improve services and outcomes for America's infants and toddlers with disabilities and their families.

Part C is a $436 million program administered by states that serves infants and toddlers through age 2 with developmental delays or who have diagnosed physical or mental conditions with high probabilities of resulting in developmental delays.

The final Part C regulations incorporate provisions in the 2004 amendments to Part C of the IDEA. Additionally, the final regulations provide states with flexibility in some areas, while ensuring state accountability to improve results and providing needed services for infants and toddlers with disabilities and their families. The regulations focus on measuring and improving outcomes for the approximately 350,000 children served by the Part C program with the goal of ensuring that such children are ready for preschool and kindergarten.

“As everyone who works in education understands, one of the most important things we can offer children is a high-quality early learning experience that prepares them for kindergarten,” said U. S. Secretary of Education, Arne Duncan. “This is true for all children—but it’s especially important for infants and toddlers with disabilities to have access to high-quality early intervention services that prepare them to successfully transition to preschool and kindergarten. The Part C regulations will support the Education Department’s commitment to the goal of preparing more children with high needs with a strong foundation for success in school and beyond.”

The regulations should be published in the Federal Register in the next couple of weeks.

Part C Final Regulations:

• September 28, 2011 Federal Register
• Download Final Regulations:
  PDF (804KB)
• IDEA Part C Regulations Page
• Additional IDEA Resources: IDEA Web site

(September 6, 2011)

Part B of the Individuals with Disabilities Education Act Notice of Proposed Rulemaking

On September 6, 2011, the Department released a notice of proposed rulemaking (NPRM) to amend the IDEA Part B regulations. Changes are being proposed to the regulations regarding when a State or local educational agency seeks to use a child’s or parent’s public benefits or insurance (e.g., Medicaid) to pay for Part B services. These proposed amendments to the Part B regulations would ensure the protection of the rights of parents and children and ensure that children with disabilities receive FAPE while addressing concerns raised by state educational agencies and local educational agencies regarding the burdens imposed by the current regulation.

The regulations should be published in the Federal Register in the next couple of weeks.

Part B Notice of Proposed Rulemaking:

Note: This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication. The official version of this document is the document that is published in the Federal Register.

• Download the Part B NPRM:
  MS Word (135KB) | PDF (239KB)
  
  
• IDEA Part B Notice of Proposed Rulemaking Page
  
  
• Additional IDEA Resources: IDEA Web site

(September 6, 2011)

The U.S. Department of Education Makes Public State-by-State Restraint and Seclusion Information

The Department has posted a summary of state laws, regulations, policies, and guidelines regarding the use of restraint and seclusion techniques in schools: www.ed.gov/policy/seclusion/seclusion-state-summary.html.

The summary is a result of U.S. Secretary of Education Arne Duncan’s letter issued to Chief State School Officers on July 31, 2009, urging a review of current state policies and guidelines regarding the use of restraint and seclusion in schools. Since August, the Department’s regional Comprehensive Centers have researched and compiled information on state-by-state restraint and seclusion techniques.

“Restraint and seclusion policies should be reviewed regularly to prevent the abuse of such techniques and ensure that schools provide a safe learning environment for all of our children,” said Duncan. “I am pleased that many states and territories have begun to work with their stakeholders to develop or revise current practices. The Department will continue to serve as a resource throughout the process to ensure that all students are safe and protected.”

Each Chief State School Officer or a representative of the Chief State School Officer reviewed and verified the information gathered.

(February 24, 2010)

Determination Letters on State Implementation of IDEA

The U.S. Department of Education's Office of Special Education and Rehabilitative Services released state determinations on the implementation of the Individuals with Disabilities Education Act (IDEA) for Part B and Part C for fiscal year 2007. The 2004 amendments to the IDEA require each state to develop a State Performance Plan (SPP) that evaluates the state's efforts to implement the requirements and purposes of the IDEA, and describes how the state will improve its implementation. The SPP includes baseline data, measurable and rigorous targets, and improvement activities for 20 indicators such as graduation rate, dropout rate, participation and performance on assessments, meeting evaluation timelines, and ensuring that complaints and hearings are resolved within required timelines.

(June 2, 2009)

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