On August 10 the State Board of Education will be presented with a final reading of proposed state rules for implementing IDEA 2004. Early drafts of those rules prompted concerns from many education advocates who spoke out for changes throughout the drafting process.

Led by the Disability Coalition on Education (DCE) the state has accepted several recommendations and changes that are going into the final rules to better protect our children’s rights. Below are excerpts of written comments submitted by DCE that were adopted by the state.

Recommendation accepted

We recommend that the current requirement for short term objectives for all students be retained 05020-1-9-.11 (2)(e) & (f). The elimination of short-term objectives for most students with IEPs contradicts No Child Left Behind’s emphasis on accountability. Short term objectives provide a roadmap for teachers, and give families guidelines on supporting student progress at home. While academic skills can be tracked against the general curriculum, there is no corresponding set of benchmarks for goals in areas such as independent living skills and behavior.

Recommendation accepted

We also recommend retention of 05029-1-9.11(2)(k) requiring a frequency for progress reporting which is at the least, equivalent to progress reporting for students without disabilities.

Recommendation accepted

Given the dismal national unemployment rate for adults with disabilities, coordinated, proactive transition planning is imperative. The sooner coordinated planning for adulthood begins, the more achievable those outcomes become. We recommend that current rule 05029-1-9.11(2) be retained, requiring transition activities at age 14 or, as in KY and NC, at entry into high school.

Recommendation accepted

Families chose to homeschool for their children for a variety of reasons. Few private school options exist for TN families of children with developmental disabilities who are dissatisfied with a proposed placement or program. Particularly for students with autism, parents may believe that an intensive home program is the only vehicle which ensures an appropriate education. We also believe it is unwise for an LEA to allow any students with disabilities to “fall off the radar screen.” Consequently, we oppose proposed 0520-1-0-.8 which excludes home schooled children from the definition of private school students.

Recommendation accepted

We are troubled that the current requirement to convene an IEP meeting within 10 schools days at the request of any team member, 0520-1-9-10(3), is not included in the proposed rules. This is a vital protection for families (and sometimes educators as well) who may be facing inaction or resistance from the school. We oppose replacing TN’s timelines with the vague federal standard of “reasonable time.” This substitution would allow unnecessary delays and undercut families’ role as key members of the IEP team.

Added language from due process reform bill

We look forward to the incorporation into rule of the due process reforms required by SB 907/HB 374. This bill’s focus on early conflict resolution through mediation and other strategies will result in the avoidance of costly litigation for both families and LEAs.

Removed provision allowing counsel member to be “counted twice”.

We find it ironic that one area where the proposed rules do add language to federal requirements is in relation to the membership of the state advisory council. IDEA is crystal-clear that a majority of council members must be parents and/or individuals with disabilities. The council is meant to be a voice for families. Family members must not be put in a position where there is even a perception of conflict between the interests of students with disabilities and an organization or agency which employs them. We oppose the proposed provision in 0520-1-0-.09(2)(f) which would allow an advisory council member to be “counted twice” for the purposes of membership. We endorse the establishment of term limits for council members, recognizing the benefit of an infusion of new ideas and current experiences. We support adding representatives from OSEP-funded parent centers and the advocacy community to the membership of the council.

For more information about DCE or the adoption of new state rules contact holly lu conant rees at hlu1055@comcast.net.