The U.S. Department of Education – along with other federal agencies – is under an executive order from President Obama to review existing regulations and guidance documents in an effort to revamp rules that may be “outmoded, ineffective, insufficient, or excessively burdensome”.
The Individuals with Disabilities Education Act – Part B regulations made it onto the Department’s list of regulations that may be reviewed and changed. But just what changes may be considered remains unknown.
CEC responded to the Department’s plan which outlines the process it will take to make such changes with great caution. The plan did not seem to include opportunities for the public to provide input once the Department decides exactly what changes should be made to the existing regulations.
Specifically CEC urged the Department to:
- Only consider changes to IDEA regulations outside of the typical rulemaking process to respond to extreme circumstances and only when a broad stakeholder community and the Department deem it necessary;
- Clarify that the Department will provide the public with an appropriate public commenting period to review, analyze and comment on any proposed regulatory changes;
- Not consider a regulatory overhaul without the reauthorization of IDEA by Congress.
Of course no system should be so rigid that it cannot adapt to the changing needs of the field, but the process by which it is done must include appropriate stakeholder input.
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Read CEC's full response.