The Individuals with Disabilities Education Act: Part B Regulations

[Excerpt] The Individuals with Disabilities Education Act (IDEA) provides federal funding for the education of children with disabilities and requires, as a condition for the receipt of such funds, the provision of a free appropriate public education (FAPE). The statute also contains detailed due process provisions to ensure the provision of FAPE. On December 1, 2008, the Department of Education (ED) issued a final regulation to ?clarify and strengthen current regulations? promulgated under the Individuals with Disabilities Education Act. The areas covered by the regulation include (1) parental revocation of consent after consenting to the initial provision of services; (2) a state?s or local educational agency?s (LEA?s) obligation to make positive efforts to employ qualified individuals with disabilities; (3) representation of parents by non-attorneys in due process hearings; (4) state monitoring, technical assistance, and enforcement of the Part B program; and (5) the allocation of funds, under Sections 611 and 619 of the act, to LEAs that are not serving any children with disabilities. The regulations take effect on December 31, 2008. This report will briefly discuss the issues raised by these changes.