The statute also contains detailed due process provisions to ensure the provision of FAPE. 108-446 ), which reauthorized and revised IDEA. Although much of the basic structure of IDEA has been retained, P.L. 108-446 does make a number of significant changes. Among these are the definition of "highly qualified" teachers, requirements for children's participation in state and local assessments, changes in the private school provisions, exceptions to certain financial requirements, changes in procedural safeguards, and changes in compliance monitoring to focus on student performance. The U.S. Department of Education (ED) issued proposed regulations for P.L. 108-446 and issued final regulations on August 14, 2006. Although many of the regulatory provisions simply track the statutory language, reflect comments in the conference report, or include provisions in prior IDEA regulations, there are places where the regulations provide more guidance. This report will analyze the regulations with an emphasis on those areas where additional guidance is provided. The report also discusses provisions in P.L. 108-446 related to multi-year individualized education program (IEP) demonstration programs and the infants and toddlers with disabilities provisions under Part C of IDEA, for which ED has provided separate final notice or proposed regulations. ED issued additional regulations "to clarify and strengthen current regulations"on December 1, 2008. P.L.
The 108th Congress passed P.L. 108-446, which reauthorized and revised the Individuals with Disabilities Education Act (IDEA). IDEA is the major federal statute authorizing funds for special education and related services for children with disabilities, and providing detailed due process provisions to ensure that these children receive a free appropriate public education (FAPE). Although much of the basic structure of IDEA has been retained, P.L. 108-446 does make a number of significant changes. Among these are the definition of "highly qualified" teachers, requirements for children's participation in state and local assessments, changes in the private school provisions, exceptions to certain financial requirements, changes in procedural safeguards, and changes in compliance monitoring to focus on student performance.
On June 21, 2005, the Department of Education (ED) issued proposed regulations for P.L. 108-446. ED issued final regulations on August 14, 2006. ED issued additional regulations "to clarify and strengthen current regulations"on December 1, 2008. Although many of the regulatory provisions simply track the statutory language, reflect comments in the conference report, or include provisions in prior IDEA regulations, there are places where the regulations provide more guidance. This report analyzes the regulations, with an emphasis on those areas where additional guidance is provided. The report also discusses provisions in P.L. 108-446 related to multi-year individualized education program (IEP) demonstration programs and the infants and toddlers with disabilities provisions under Part C of IDEA, for which ED has provided separate final notice or proposed regulations.