The Individuals with Disabilities Education Act (IDEA): Proposed Regulations for P.L. 108-446

Publication Date: July 2005

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Education

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Abstract:

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, calculation of maximum state grants, funding for high-need children with disabilities, revised state performance goals and 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. Comments on the proposal are due by September 6, 2005, and ED expects to issue final regulations by December 2005. Although many of the regulatory provisions simply track the statutory language, reflect comments in the conference report, or include provisions in current IDEA regulations, there are places where the regulations provide more guidance. This report analyzes the proposed regulations with an emphasis on those areas where additional guidance is provided. The report also notes provisions in P.L. 108-446 for which ED has not provided guidance.

This report will not be updated.