[Federal Register: April 14, 1998 (Volume 63, Number 71)]
[Proposed Rules]
[Page 18297]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ap98-29]
[[Page 18297]]
DEPARTMENT OF EDUCATION
34 CFR Part 303
Office of Special Education and Rehabilitative Services, Part C
of the Individuals With Disabilities Education Act (IDEA) Amendments of
1997
AGENCY: Department of Education.
ACTION: Notice of request for advice and recommendations on regulatory
issues regarding Part C of IDEA.
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SUMMARY: The Secretary of Education (Secretary) solicits advice and
recommendations from the public--including persons with disabilities
and their representatives, parents, members of interagency coordinating
councils, service providers, program administrators, and Federal and
State administrators--as to whether to develop new regulations
implementing Part C (currently Part H), the Early Intervention Program
for Infants and Toddlers with Disabilities under IDEA.
DATES: In order to be assured of consideration, comments should be
received on or before July 31, 1998.
ADDRESSES: Comments should be addressed to Thomas Irvin, Office of
Special Education and Rehabilitative Services, U.S. Department of
Education, Room 3090, Mary E. Switzer Building, 330 C St., SW.,
Washington, DC 20202.
FOR FURTHER INFORMATION CONTACT: JoLeta Reynolds or Thomas Irvin.
Telephone: (202) 205-5507. Individuals who use a telecommunications
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.
Individuals with disabilities may obtain a copy of this notice in
an alternate format (e.g., Braille, large print, audiotape, or computer
diskette) on request to Katie Mimcy, Director of the Alternate Formats
Center. Telephone: (202) 205-8113.
SUPPLEMENTARY INFORMATION:
Background
On June 4, 1997, the President signed into law Pub. L. 105-17, the
Individuals with Disabilities Education Act Amendments of 1997,
amending IDEA.
On June 27, 1997 (62 FR 35051), the Secretary asked for advice and
recommendations from the public, particularly on areas in which
regulations would be needed to clarify provisions of the statute. Most
comments received were regarding Part B of IDEA.
On October 22, 1997 (62 FR 55026), the Secretary published proposed
regulatory changes that described how the Secretary would incorporate
the statutory changes of the IDEA Amendments of 1997 into the
applicable subparts of the Department's regulations for Assistance to
States for the Education of Children with Disabilities (34 CFR part
300) and Preschool Grants for Children with Disabilities (34 CFR part
301). Only six changes were proposed to the regulations governing Part
H, the Early Intervention Program for Infants and Toddlers with
Disabilities (34 CFR Part 303), to conform to proposed changes in part
300.
The Secretary is publishing in this issue of the Federal Register
final regulations making technical changes to 34 CFR Part 303. These
changes incorporate the statutory amendments to Part H of IDEA added by
the IDEA Amendments of 1997. Those regulations will take effect on July
1, 1998, and at that time ``Part H'' will be renamed ``Part C.''
Invitation to Comment
This request for comments is designed to elicit the views of
interested parties on whether additional revisions to the Part H
regulations are needed to implement the requirements of Part C of IDEA.
In addition to considering further regulatory changes based on the IDEA
Amendments of 1997, the Secretary also invites comments on whether to
revise the regulations in areas unaffected by the statutory amendments.
If the Department regulates, it will regulate consistent with its
Principles for Regulating, under which the Department considers whether
regulations are needed to promote quality and equality in educational
opportunity, whether a demonstrated problem requires the issuance of
regulations, whether regulations are needed to resolve ambiguity, and
whether a uniform approach to a situation is appropriate. In developing
regulations, the Department's policy is to provide flexibility and
minimize burden to the extent consistent with ensuring the
implementation of the Early Intervention Program for Infants and
Toddlers with Disabilities, Part C of IDEA. The Department is
particularly interested in public input on any areas in which the
statutory changes in Part C of IDEA may need clarification.
The Secretary requests that each commenter identify her or his role
in early intervention, special education, or regular education, if any,
and the perspective from which she or he views the early intervention
system--either as a representative of persons with disabilities or of
an association, agency, type of service provider (public or private),
or as an individual person with a disability, parent, or private
citizen. The Secretary urges each commenter to be specific regarding
her or his recommendations, including identifying the particular
section of Part C of IDEA or its implementing regulations.
All comments submitted in response to this notice will be available
for public inspection during and after the comment period in Room 3072,
Mary E. Switzer Building, 300 C St., SW., Washington, DC, between the
hours of 9:00 a.m. and 4:30 p.m., Monday through Friday of each week
except Federal holidays.
Electronic Access to This Document
Anyone may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or
portable document format (pdf) on the World Wide Web at either of the
following sites:
http://ocfo.ed.gov/fedreg.htm
http://www.ed.gov/news.html
To use the pdf you must have the Adobe Acrobat Reader Program with
Search, which is available free at either of the previous sites. If you
have questions about using the pdf, call the U.S. Government Printing
Office toll free at 1-888-293-6498.
Anyone may also view these documents in text copy only on an
electronic bulletin board of the Department. Telephone: (202) 219-1511
or, toll free, 1-800-222-4922. The documents are located under Option
G--Files/Announcements, Bulletins, and Press Releases.
Note: The official version of a document is the document
published in the Federal Register.
(Catalog of Federal Domestic Assistance Number 84.027, Assistance to
States for Education of Children with Disabilities)
Dated: April 7, 1998.
Richard W. Riley,
Secretary of Education.
[FR Doc. 98-9683 Filed 4-13-98; 8:45 am]
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