Update on IDEA 2004 Regulations

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"Can you give us a status report on the the IDEA 2004 regs? I thought they would be published months ago."

We will try.

Regs on "Fast Track"

The proposed IDEA regulations were published by the Dept of Education on June 10, 2005. (see Dept of Ed Issues Proposed IDEA 2004 Regulations)
After the proposed regulations were published, the public had 75 days to comment on the regulations. (see IDEA Regulations on Fast Track, Expected in June)

Unexplained Delays

The first expected date for the final regulations was December 2005 or January 2006. This date was changed to March 2006, then to "Summer 2006."

At a recent conference, we heard a rumor that the final regulations may not be published until "after September 2006."

Because the Department of Education has not provided the public with information about these delays or when they expect to publish the regulations, we cannot tell you when the final regulations will be published.

IDEA 97 Regs

We can tell you what happened when IDEA was reauthorized in June 1997. The Dept of Education did not publish the final regulations until January 1999 - 19 months later.

Will this administration take longer than 19 months to issue the final regulations? We will have an answer to that question in July 2006 (IDEA 2004 was reauthorized in December 2004).

When the final IDEA 2004 regs are published, we will send an Alert to newsletter subscribers.

Please ensure that your subscription does not lapse over the summer!

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