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Office of Special Education Programs'
Overheads from OSEP Regional Trainings
on the IDEA '97 Regulations
Overheads for Organization and Timeline of Regulations
(7 Overheads)
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Produced by...
NICHCY
National Information Center for Children and Youth with Disabilities
P.O. Box 1492
Washington, DC 20013
1-800-695-0285 (Voice/TTY)
(202) 884-8200 (Voice/TTY)
E-mail: nichcy@aed.org
URL: http://www.nichcy.org
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OH Organization and Timeline - 1
Final Regulations Package
The final regulations package is composed of 8 discrete parts, as follows:
1. Preamble.
2. Regulations for Part B (Part 300).
3. Appendix A-Notice of Interpretation on IEPs.
4. Appendix B-Index to Part B Regulations.
5. Conforming Regulations for the Early Intervention Program under Part C (Part 303).
6. Attachment 1-Analysis of Comments and Changes (to address the nearly 6,000 public comments received on the NPRM).
7. Attachment 2-Assessment of Costs and Benefits
8. Attachment 3-Table showing "Disposition of NPRM Notes in Final Regulations for Parts 300 and 303."
OH Organization and Timeline - 2
Three Broad Categories
The final regulations package includes 3 broad categories, as follows:
A. "Text" of Regulations-Makes up only 25% of the entire package.
B. "Analysis of Comments" and Other Required Items= Nearly 2/3s of the entire package, as follows:
(1) Analysis of Comments=Over 50% of the package.
(2) Other Required Documents=Nearly 10% of the package, including the "Preamble" to the final regulations and the "Analysis of Costs and Benefits" in Attachment 2.
OH Organization and Timeline - 3
C. Technical Assistance Documents-Make up nearly 10% of the package and includes the following:
(1) Notice of Interpretation (NOI) on IEPs and Other Selected Implementation Issues ("Appendix A").
(2) Index to Part B Regulations ("Appendix B"). To assist readers in finding information in the final Part B regulations, an index to the regulations has been added as a new Appendix B.
(3) Table on Disposition of NPRM Notes ("Attachment 3").
OH Organization and Timeline - 4
Effective Date of These Regulations
These regulations take effect on May 11, 1999.
Important Points:
- These regulations were not in effect at the time Federal fiscal year (FY) 1998 funds became available for obligation to States.
Therefore:
- Compliance with the requirements of these regulations that are not statutory requirements or provisions of pre-existing regulations will not be mandatory for this grant year.
OH Organization and Timeline - 5
- When either...
...the FY98 funds that are unobligated by States and school districts become
carryover funds (October 1, 1999) or...
...if earlier, the State receives FY99 funding (expected to be available for obligation to States July 1, 1999)...
...compliance with these final regulations is required.
This will enable all parties to become familiar with the new regulations without requiring changes that could interrupt school or program operations in the middle of a grant year.
OH Organization and Timeline - 6
However:
- States and school districts may adopt and use the regulations when they are effective, and are encouraged -- to the greatest extent possible -- to start to implement them as soon as possible during this school year.
In any case:
- The statutory requirements of the IDEA Amendments of 1997 are in effect and must be complied with throughout the 1998-99 school year.
- States and school districts must comply with all requirements of the Part 300 regulations that were in effect at the beginning of this school year unless inconsistent with IDEA 97 or the final regulations.
- Applications for grants for FY99 funds must be consistent with the requirements of the final regulations.
OH Organization and Timeline - 7
And finally:
- Most of the provisions of IDEA 97 relating to Part B and C of the Act have been in effect since enactment (June 4, 1997).
- A few provisions-such as the new Part B provisions concerning IEPs and the comprehensive system of personnel development- took effect July 1, 1998.
Therefore:
- States and school districts already are familiar with the statutory provisions of IDEA 97 to which they must comply.
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