FR Doc 04-28503
[Federal Register: December 29, 2004 (Volume 69, Number 249)]
[Proposed Rules]               
[Page 77968-77969]
From the Federal Register Online via GPO Access []
Download: PDF Version


34 CFR Parts 300 and 303

Individuals With Disabilities Education Act, as Amended by the 
Individuals With Disabilities Education Improvement Act of 2004

AGENCY: Office of Special Education and Rehabilitative Services, 
Department of Education.

ACTION: Notice of request for comments and recommendations on 
regulatory issues under the Individuals with Disabilities Education Act 
(IDEA), as amended by the Individuals with Disabilities Education 
Improvement Act of 2004.


SUMMARY: The Secretary of Education solicits comments and 
recommendations from the public prior to developing and publishing 
proposed regulations under 34 CFR parts 300 and 303 to implement 
programs under the recently amended IDEA. The Secretary also announces 
plans to hold informal public meetings to seek further input about 
those regulations in light of the statutory amendments.

DATES: In order to be assured of consideration as we develop proposed 
regulations, comments and recommendations should be received on or 
before February 28, 2005.

ADDRESSES: Address all comments and recommendations to: Office of 
Special Education and Rehabilitative Services, U.S. Department of 
Education, 400 Maryland Avenue, SW., Potomac Center Plaza, room 5126, 
Washington, DC 20202-2641. If you prefer to send your comments through 
the Internet, you may address them to us at the U.S. Government Web 

    Or you may send your Internet comments to us at the following 
    You must include the term ``Comments on IDEA-2004'' in the subject 
line of your electronic message. (Note that the term in the preceding 
sentence means comments submitted in response to changes made to the 
IDEA by the Individuals with Disabilities Education Improvement Act of 
    Please submit your comments only one time, in order to ensure that 
we do not receive duplicate copies.

FOR FURTHER INFORMATION CONTACT: Troy R. Justesen. Telephone: (202) 
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Relay Service (FRS) at 1-800-877-8339.
    Individuals with disabilities may obtain this document in an 

[[Page 77969]]

format (e.g., Braille, large print, audiotape, or computer diskette) by 
contacting the person listed under FOR FURTHER INFORMATION CONTACT.



    On December 3, 2004, the President signed into law Pub. L. 108-446, 
118 Stat. 2647, the Individuals with Disabilities Education Improvement 
Act of 2004, amending the IDEA. Copies of the new law may be obtained 
at the following Web site:

    Enactment of the new law provides an opportunity to consider 
improvements in the regulations implementing the IDEA in 34 CFR parts 
300 and 303 that would strengthen the Federal effort to ensure the 
provision of early intervention services to infants and toddlers with 
disabilities and their families and ensure every child with a 
disability has available a free appropriate public education that: (1) 
Is of high quality, and (2) is designed to achieve the high standards 
reflected in the No Child Left Behind Act of 2001.

Invitation To Comment

    We invite you to submit comments and recommendations regarding 
changes to 34 CFR parts 300 and 303 that you believe are needed, 
particularly to clarify a provision in the new law or to facilitate its 
implementation. We encourage you to make your comments as specific as 
possible regarding the nature and scope of regulatory action necessary 
to achieve the objective you are seeking. Also, if appropriate to your 
comments, please identify the specific part and section (or subsection) 
of the amended IDEA that is the subject of your recommendations, and 
specify how a proposed change to a given provision in the regulations 
will clarify or help to improve implementation of the new statutory 
    Please include the following with your comments and 
recommendations: A description of the area of your involvement in 
special education, regular education or early intervention, as well as 
your role, if any, in that area (e.g., parent, teacher, student, 
service provider, administrator, or researcher).
    During and after the comment period, you may inspect all public 
comments about this notice in room 5126, Potomac Center Plaza, 550 12th 
Street, SW., Washington, DC, between the hours of 8:30 a.m. and 4 p.m., 
eastern time, Monday through Friday of each week except Federal 

Assistance to Individuals With Disabilities in Reviewing the Comments

    On request, we will supply an appropriate aid, such as a reader or 
print magnifier, to an individual with a disability who needs 
assistance to review the comments and recommendations. If you want to 
schedule an appointment for this type of aid, please contact the person 

Announcement of Public Meetings

    The following is a preliminary announcement of our plans to hold a 
series of informal meetings during the first few months of calendar 
year 2005, to seek comments and recommendations for developing 
regulations, as needed, based on the Individuals with Disabilities 
Education Improvement Act of 2004. The meetings will be in the 
following locations:
     Atlanta, GA;
     Newark, NJ;
     Boston, MA;
     Columbus, OH;
     San Diego, CA;
     Laramie, WY; and
     Washington, DC.
    We will notify you through notices published in the Federal 
Register of the specific dates and locations of each of these meetings, 
as well as other relevant information.
    Electronic Access to This Document: You may view this document, as 
well as all other Department of Education documents published in the 
Federal Register, in text or Adobe Portable Document Format (PDF) on 
the Internet at the following site:

    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC, area at (202) 512-1530.

    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at:

    Program Authority: 20 U.S.C. 1400 et. seq.; Pub. L. 108-446, 118 
Stat. 2647.

Troy R. Justesen,
Acting Deputy Assistant, Secretary for Special Education and 
Rehabilitative Services.
[FR Doc. 04-28503 Filed 12-28-04; 8:45 am]