[Federal Register: April 14, 1998 (Volume 63, Number 71)]
[Proposed Rules]               
[Page 18297]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 18297]]


34 CFR Part 303

Office of Special Education and Rehabilitative Services, Part C 
of the Individuals With Disabilities Education Act (IDEA) Amendments of 

AGENCY: Department of Education.

ACTION: Notice of request for advice and recommendations on regulatory 
issues regarding Part C of IDEA.


SUMMARY: The Secretary of Education (Secretary) solicits advice and 
recommendations from the public--including persons with disabilities 
and their representatives, parents, members of interagency coordinating 
councils, service providers, program administrators, and Federal and 
State administrators--as to whether to develop new regulations 
implementing Part C (currently Part H), the Early Intervention Program 
for Infants and Toddlers with Disabilities under IDEA.

DATES: In order to be assured of consideration, comments should be 
received on or before July 31, 1998.

ADDRESSES: Comments should be addressed to Thomas Irvin, Office of 
Special Education and Rehabilitative Services, U.S. Department of 
Education, Room 3090, Mary E. Switzer Building, 330 C St., SW., 
Washington, DC 20202.

FOR FURTHER INFORMATION CONTACT: JoLeta Reynolds or Thomas Irvin. 
Telephone: (202) 205-5507. Individuals who use a telecommunications 
device for the deaf (TDD) may call (202) 205-5465 or the Federal 
Information Relay Service (FIRS) at 1-800-877-8339 between 8:00 a.m. 
and 8:00 p.m., Eastern time, Monday through Friday, except Federal 
    Individuals with disabilities may obtain a copy of this notice in 
an alternate format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to Katie Mimcy, Director of the Alternate Formats 
Center. Telephone: (202) 205-8113.



    On June 4, 1997, the President signed into law Pub. L. 105-17, the 
Individuals with Disabilities Education Act Amendments of 1997, 
amending IDEA.
    On June 27, 1997 (62 FR 35051), the Secretary asked for advice and 
recommendations from the public, particularly on areas in which 
regulations would be needed to clarify provisions of the statute. Most 
comments received were regarding Part B of IDEA.
    On October 22, 1997 (62 FR 55026), the Secretary published proposed 
regulatory changes that described how the Secretary would incorporate 
the statutory changes of the IDEA Amendments of 1997 into the 
applicable subparts of the Department's regulations for Assistance to 
States for the Education of Children with Disabilities (34 CFR part 
300) and Preschool Grants for Children with Disabilities (34 CFR part 
301). Only six changes were proposed to the regulations governing Part 
H, the Early Intervention Program for Infants and Toddlers with 
Disabilities (34 CFR Part 303), to conform to proposed changes in part 
    The Secretary is publishing in this issue of the Federal Register 
final regulations making technical changes to 34 CFR Part 303. These 
changes incorporate the statutory amendments to Part H of IDEA added by 
the IDEA Amendments of 1997. Those regulations will take effect on July 
1, 1998, and at that time ``Part H'' will be renamed ``Part C.''

Invitation to Comment

    This request for comments is designed to elicit the views of 
interested parties on whether additional revisions to the Part H 
regulations are needed to implement the requirements of Part C of IDEA. 
In addition to considering further regulatory changes based on the IDEA 
Amendments of 1997, the Secretary also invites comments on whether to 
revise the regulations in areas unaffected by the statutory amendments.
    If the Department regulates, it will regulate consistent with its 
Principles for Regulating, under which the Department considers whether 
regulations are needed to promote quality and equality in educational 
opportunity, whether a demonstrated problem requires the issuance of 
regulations, whether regulations are needed to resolve ambiguity, and 
whether a uniform approach to a situation is appropriate. In developing 
regulations, the Department's policy is to provide flexibility and 
minimize burden to the extent consistent with ensuring the 
implementation of the Early Intervention Program for Infants and 
Toddlers with Disabilities, Part C of IDEA. The Department is 
particularly interested in public input on any areas in which the 
statutory changes in Part C of IDEA may need clarification.
    The Secretary requests that each commenter identify her or his role 
in early intervention, special education, or regular education, if any, 
and the perspective from which she or he views the early intervention 
system--either as a representative of persons with disabilities or of 
an association, agency, type of service provider (public or private), 
or as an individual person with a disability, parent, or private 
citizen. The Secretary urges each commenter to be specific regarding 
her or his recommendations, including identifying the particular 
section of Part C of IDEA or its implementing regulations.
    All comments submitted in response to this notice will be available 
for public inspection during and after the comment period in Room 3072, 
Mary E. Switzer Building, 300 C St., SW., Washington, DC, between the 
hours of 9:00 a.m. and 4:30 p.m., Monday through Friday of each week 
except Federal holidays.

Electronic Access to This Document

    Anyone may view this document, as well as all other Department of 
Education documents published in the Federal Register, in text or 
portable document format (pdf) on the World Wide Web at either of the 
following sites:


To use the pdf you must have the Adobe Acrobat Reader Program with 
Search, which is available free at either of the previous sites. If you 
have questions about using the pdf, call the U.S. Government Printing 
Office toll free at 1-888-293-6498.
    Anyone may also view these documents in text copy only on an 
electronic bulletin board of the Department. Telephone: (202) 219-1511 
or, toll free, 1-800-222-4922. The documents are located under Option 
G--Files/Announcements, Bulletins, and Press Releases.

    Note: The official version of a document is the document 
published in the Federal Register.

(Catalog of Federal Domestic Assistance Number 84.027, Assistance to 
States for Education of Children with Disabilities)

    Dated: April 7, 1998.
Richard W. Riley,
Secretary of Education.
[FR Doc. 98-9683 Filed 4-13-98; 8:45 am]