CENTER FOR LAW AND EDUCATION

Reply to:                                                                  197 Friend Street                                   1875 Connecticut Avenue, N.W. 

Post Office Box 4071                                              Ninth Floor                                            Suite 510

Louisville, KY 40204                                              Boston, MA 02114                                Washington, D.C. 20009

(502) 721-9220                                                       (617) 371-1166                                     (202) 986-3000

Fax: (502) 721-9161                                                Fax: (617) 371-1155                              Fax: (202) 986-6648

Q. Does the Individuals with Disabilities Education Act (“IDEA”) require states to take any particular steps before changing state policies and procedures regarding the provision of a free appropriate public education to children with disabilities?

A: Yes. In order to receive an IDEA grant for any fiscal year, a state must demonstrate to the U.S. Department of Education (“ED”) that it has in effect policies and procedures to ensure that it meets all of the key substantive provisions of IDEA, including those regarding, inter alia, the provision of FAPE , child find, adherence to principles of least restrictive environment, participation of students in assessments and alternate assessments, procedural safeguards and dispute resolution, discipline, evaluations, IEPs and personnel systems and development. 20 U.S.C. §1412(a); 34 C.F.R. §300.110(a), as added/amended by 64 Fed. Reg. at 12425 (March 12, 1999). In order to fulfill this requirement, the state must have on file with ED a range of information and documents specified by IDEA regulation, as well as copies of all relevant state statutes, regulations and other state documents upon which that information is based. 34 C.F.R. §§300.110(b), 300.121 - 300.156 as added/amended. Policies and procedures submitted to ED pursuant to the above requirements remain in effect unless and until the state submits any changes it may make to ED. 20 U.S.C. §1412(c)(2); 34 C.F.R. §300.112 as added/amended.

            In addition, before adopting or amending any policies or procedures needed to comply with §1412 of IDEA, the state must ensure that there are public hearings, adequate notice of the hearings, and an opportunity for comment by the general public, including comment by individuals with disabilities and parents of children with disabilities. 20 U.S.C. 211412(a)(20); 34 C.F.R. §300.148 as added/amended. Prior to adoption the policies and procedures must be made available to the general public, 34 C.F.R. §300.280(a) as added/amended. Hearings must be held at times and places that give interested people throughout the state a reasonable opportunity to participate. 34 C.F.R. §300.282(a) as added/amended. Notice of the public hearings must inform the public about the availability of the policies and procedures; the date, time and location of each public hearing; the procedures for submitting written comments; and the timetable for submitting the policies and procedures to ED for approval. 34 C.F.R. §300.281(b) as added/amended. The notice must be published or announced in media with adequate circulation to reach the general public, far enough in advance of the date of the hearings to allow people throughout the state a reasonable opportunity to participate. 34 C.F.R. §300.281(c) as added/amended. The policies and procedures must be available for public comment for at least 30 days following the date of the notice. 34 C.F.R.. §300.282(b) as added/amended. Before adopting the policies and procedures, the state must review and consider all public comments, and modify the policies and procedures as necessary. As amending an existing policy is tantamount to adopting a new one, these procedures apply to all substantive changes in policies needed for state compliance.

ELO

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