1999 IDEA Regulation Changes
The Department of Education incorporated many changes NEA suggested into the
IDEA Amendments of 1997 (published March 12, 1999). In response to more than
6,000 comments, the Department of Education amended 60 percent of the proposed
regulations. Here are the major changes.
You can go directly to the final IDEA regulations at the
U.S. Department of
Education's site
Final IDEA Regulations
- School personnel may remove a student with a disability from the classroom
for up to 10 school days and may require additional removals for up to 10
school days for separate acts of misconduct as long as the removals do not
constitute a pattern.
Schools do not have to provide services during the first 10-day removal. For
any subsequent removal of less than 10 days, school personnel, in consultation
with the child's special education teacher, will determine necessary services
which must enable the student to progress appropriately in the general
curriculum and advance toward achievement of his or her IEP goals.
For any long term removal for behavior that is not a manifestation of
the child's disability, the IEP team will determine service requirements.
The regulations call "change in placement" a circumstance in which a student is
removed for more than 10 consecutive school days or is subjected to a series
of removals that constitute a pattern.
- Where a student is participating in a the regular education environment, at
least one regular education teacher must be a member of the IEP team. The
school district cannot require the regular teacher to participate in all
decisions made by the IEP team or be present at all IEP team meetings. Regular
teachers will participate in discussions about a student's progress in the
general education curriculum as well as about supplementary aids and supports
needed by the child. They don't have to participate in discussions about
issues for which they have no responsibility.
Teaching staff must have access to and be informed about a student's IEP
including teachers' specific responsibilities and the accommodations,
modifications, and supports provided the child.
- The 1999 regulations eliminated the requirement for a triennial review
unless the parent requests one, and eliminated the requirement for a
re-evaluation if a student with a disability graduates with a regular high school
diploma.
- The final regulations eliminated a proposal that for most children would
have required services to a student under an IEP within 60 days of the parent's
consent to an evaluation.
- Students with disabilities who attend public charter schools and their
parents retain all rights under IDEA.
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