The U.S. Department of Education is seeking comments on draft proposed regulations for the recently amended Individuals with Disabilities Education Act (IDEA, Pub.L. 108-446). The regulations will be used to implement the Part B state grant program for children with disabilities, ages 3-21 years.
The draft regulations were released and posted on the Department's Web site on June 10. The official notice of proposed rulemaking will be published shortly in the Federal Register. Regulations for the Part C (early intervention) and Part D (personnel development and preparation, etc.) programs will be published at a later date. The proposed regulations also do not address two new pilot programs on paperwork reduction and multi-year IEPs.
The draft regulations have been organized into eight subparts and follow the general order and structure of provisions in the new law. The Department wanted to develop one comprehensive reference document that incorporates language from the law in order to help the reader locate the direct link between a given statutory requirement and the applicable regulation.
Based on a preliminary review of the proposed regulations by AOTA Federal Affairs staff, the following are suggested messages and talking points to craft your letter or testimony. AOTA is conducting a more in-depth review and analysis and will be submitting written comments. Please contact the Federal Affairs Department at fad@aota.org if you have questions about the new law or proposed rules.
Talking Points
It is vital that the Education Department hear from AOTA members during the comment period on occupational therapy's role in helping children in schools and early childhood programs to grow, develop, and succeed. Although this comment period is focused on Part B, practitioners, occupational therapy faculty, and scientists also should emphasize the importance of IDEA's training and research programs to the preservice preparation and professional development of occupational therapists and occupational therapy assistants to improve the academic achievement and functional performance of children with disabilities, including the use of effective practices.
Overall Message: The Department should be commended for developing proposed regulations so quickly and urged to publish proposed rules for Parts C and D and the paperwork and individualized education program (IEP) pilot programs as soon as possible.
The proposed regulation maintains and supports strong, rigorous related services personnel qualifications in accordance with state law or regulation (Sec. 300.156(b)).
Message: These requirements will help ensure that states and school districts only utilize appropriately trained individuals to provide occupational therapy services. However, the regulations must clearly state that related services personnel, such as occupational therapists, are not subject to the "highly qualified" requirement in Sec. 300.18 (which addresses teacher competency only), to be deemed qualified to provide related services in a given district or state.
The proposed regulations support the provision of coordinated early intervening services to identify and address students' learning and behavioral needs before they need to be referred to special education (Sec. 300.226).
Message: Related services such as occupational therapy should be identified specifically as an available early intervening service. Occupational therapy can help support student learning and school success in the general education environment and help reduce inappropriate referrals. The regulations should specify an array of services, including occupational therapy, that should be available to students based on their specific needs.
The proposed regulations do not provide adequate guidance to IEP teams to decide the need for early intervention and special education and related services based on "peer-reviewed research to the extent practicable" (Secs. 300.320(a)(4)).
Message: The regulations must be clear that IEP teams cannot use this provision to inappropriately limit access to necessary services. Professionals should be able to use their judgment, in conjunction with the best available evidence, to determine the most appropriate methodology or intervention strategy for a given child.
The new law includes related services personnel in state and local level professional development and personnel preparation activities to prepare early intervention and special education and related services personnel to work with children with disabilities and to assume leadership, research, and faculty roles (Part D).
Message: The Part D regulations should stress the importance of addressing related services personnel training needs. This will promote both the use of appropriate practices and more effective collaboration among special education and early intervention personnel.
Written comments can be submitted electronically to IDEAcomments@ed.gov or mailed to the Office of Special Education and Rehabilitative Services (OSERS), U.S. Department of Education, 400 Maryland Avenue, SW, Potomac Center Plaza, Room 5126, Washington, DC, 20202-2641.
The deadline for comments will be 75 days from the date the NPRM is published in the Federal Register. Questions can be directed to OSERS main number, 202-245-7468, or if a telecommunications device for the deaf (TDD) is needed, individuals may call the Federal Information Relay Service (FIRS) at 800-877-8339.
6/17/05
