A r c h i v e d  I n f o r m a t i o n

     FOR RELEASE                Contact: Jim Bradshaw (202) 401-1576   October 22, 1997                    Lina Younes (202) 401-1576  

PROPOSED REGULATIONS PUBLISHED IN FEDERAL REGISTER TO IMPROVE RESULTS FOR CHILDREN WITH DISABILITIES

The U.S. Department of Education invited comments on proposed regulations published today in the Federal Register for children with disabilities. The regulations focus on improving results for America's 5.8 million children with disabilities by promoting early identification, early provision of services and ensuring access to general education curriculum and reforms.

The proposed rules would implement the Individuals with Disabilities Education Act (IDEA) Amendments of 1997, passed with bipartisan support in Congress and signed June 4 by President Clinton. The measure strengthens a law originally approved in 1975 guaranteeing disabled students entitlement to a "free appropriate public education."

"We need to boost the achievement of millions of children with disabilities who want to learn, can learn and will learn if we give them the help they need and deserve" said Secretary of Education Richard W. Riley. "We need to aim high for all our children and that encompasses the young people who are now included and learning to higher standards because of IDEA."

Judith E. Heumann, assistant secretary for special education and rehabilitative services, added, "We can see a future where the tyranny of low expectations is overthrown once and for all. Here, we are telling students with disabilities and their families: Be proud and have high expectations for yourselves. Join with your classmates and families and build America's accessible house together, as equal partners."

In order to improve results for children with disabilities, the proposed package would provide for:

-- Higher expectations for disabled students and school accountability by requiring the development of state performance goals, inclusion of those students in state and district-wide assessments, and progress reports on student achievement at least as often as for nondisabled students.

-- Individualized Education Programs (IEPs) for disabled students that focus on improving results through the general curriculum.

-- Education with nondisabled children, recognizing that research shows that for most disabled students integration into regular classes is often associated with improved results, higher levels of employment and independent living.

-- Strengthening the role of parents and fostering partnerships between parents and schools by promoting greater involvement by parents in decision making involving their disabled child.

-- Early identification and services for infants and toddlers with disabilities to encourage states to reach out to young children who are experiencing learning problems and allow educators to use a "developmental delay" eligibility criterion as an alternative to specific disability categories through age 9. This provision will allow children to receive earlier and more appropriate interventions that ultimately are better for education and controlling costs.

-- Greater flexibility for IDEA funded staffs who work in general education classrooms and elsewhere to assist both children who have disabilities and others who may need their help.

-- Maintaining a balanced approach to discipline, recognizing that school personnel need to have a safe environment for all children while protecting the rights of those with disabilities.

Unlike many other Federal Register notices, readers need not search multiple sources to find the information they need. The document incorporates the statute, regulations and important policy interpretations into one package. New regulations account for only about 5 percent of the information.

To help solicit comments on the guidelines, a series of seven public meetings will be held through Nov. 24 across the country. Individuals may offer comments at meetings Oct. 23 in Boston, Oct. 27 in Atlanta, Oct. 28 in Dallas, Nov. 4 in Washington, D.C., Nov. 18 in Denver, Nov. 21 in San Francisco, and Nov. 24 in suburban Chicago (Northbrook, Ill.).

For more information on the gatherings, call Laura Black Price at 202-205-8969 (voice) or 202-205-5467 (TDD). Those who use a telecommunication device for the deaf may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m. Eastern time, Monday through Friday.

The public may also submit written comments on the rules within 90 days of today's date by writing Thomas Irvin, Office of Special Education and Rehabilitative Services, U.S. Department of Education, Room 3090, MES Building, 330 C Street, S.W., Washington, D.C. 20202. Comments may also be faxed to 202-260-0416.

Upon reviewing the public's comments, the department will publish final regulations to carry out the law which will guide the education of America's children and youth with disabilities.

People wishing to get more information on the proposed rules may call Irvin or JoLeta Reynolds at 202-205-5507.

The text of the regulations will also be available on the Education Department's Web site at the following address: http://www.ed.gov/legislation/FedRegister/proprule/index.html. A special page devoted to IDEA can also be found on the department's Web site at http://www.ed.gov/offices/OSERS/Policy/IDEA/index.html.

Copies of the proposed rules may be purchased for $8 from the Government Printing Office at 202-512-0000. Or, by writing the Superintendent of Documents, P.O. Box 37195-7954, Washington, D.C. and requesting document No. 97-28006. In addition, it will be available at Federal Depository libraries, Government Printing Office bookstores and the Office of the Federal Register, 800 N. Capitol St., Suite 700, Washington, D.C.

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