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Timeline

MEMORANDUM

Chief State School Officers
Lead Agency Directors

FROM:Thomas Hehir, Director
Office of Special Education Programs (OSEP)

SUBJECT:Timeline for Implementation of the Individuals with Disabilities Education Act Amendments of 1997

The purpose of this memorandum is to transmit to State educational agencies (SEAs) and other interested individuals the attached summary of the time lines set forth in the Individuals with Disabilities Education Act Amendments of 1997 (IDEA Amendments of 1997) for implementation of changes from prior law. As the attached guideline indicates, many of the changes in the IDEA take effect on enactment (as a practical matter, beginning with grants awarded on or about July 1, 1997). Other changes take effect at later dates. We will be issuing a further memorandum in the near future to:

(1)Inform SEAs of the procedures they are to follow in order to receive a grant award, under Part B of the Individuals with Disabilities Education Act (Part B), for Federal fiscal year 1997 (i.e., the grant period beginning July 1, 1997),; and

(2) Summarize the relevant changes in Part B, as set forth in the IDEA Amendments of 1997, that affect State implementation for the 1997-1998 school year. Guidance on aspects of the IDEA Amendments of 1997 that are not necessary to States' implementation of Part B for the period July 1, 1997 through June 30, 1998 will be provided at a later date.

Attachment

cc:

State Directors of Special Education
Part H Coordinators
Regional Resource Centers
Federal Resource Center
National Early Childhood Technical Assistance System
Technical Assistance for Parent Programs

Time Line for Implementation of IDEA 1997

Effective Dates of the Amended Provisions of the IDEA

Effective on enactment (as a practical matter, with the grant period beginning July 1, 1997) Part A [General Provisions, including Definitions]

Part B except as provided [Assistance to States Program] below Effective October 1, 1997

Part D, except as provided below [State Improvement Grants and IDEA discretionary programs.

Parts C, E, F, and G of the current IDEA are repealed effective October 1, 1997 [NOTE: the Act gives the Secretary the authority to use funds appropriated under the new Part D to make continuation awards for projects funded under section 618 and Parts C through G of the IDEA as in effect on September 30, 1997.]

Effective January 1, 1998
Section 661(g)(1) and (2) [Requirements for the Secretary to establish and use a standing panel and peer review panels for reviewing applications under Subpart 2 of Part D (IDEA discretionary programs)]

Effective July 1, 1998
Section 612(a)(4) [IEP State eligibility condition the IEP requirements of the IDEA as in effect before enactment of the IDEA Amendments of 1997 remain in effect until July 1,1998]

Section 612(a)(14) [CSPD State eligibility condition the CSPD requirements of the IDEA as in effect before enactment of the IDEA Amendments of 1997 remain in effect until July 1, 1998]

Section 612(a)(16) [Performance Goals and Indicators State eligibility condition]

Section 614(d)(1)(5) [IEP definitions; requirement that programs be in effect; development of IEPs; review and revision of IEPs; and failure to meet transition objectives the IEP requirements of the IDEA as in effect before enactment of the IDEA Amendments of 1997 remain in effect until July 1, 1998]

Section 618 [Program Information Section 618 of the IDEA as in effect before enactment of the IDEA Amendments of 1997 remains in effect until July 1, 1998]

Part C [Infants and Toddlers with Disabilities Program the current Part H of the IDEA is repealed effective July 1, 1998] Effective for funds appropriated for Federal fiscal year 1998 (i.e., with grants available on or after July 1, 1998

Section 611 [Authorization; Allotment; Use of Funds; Authorization of Appropriations for the Part B Grants to States Program Section 611 of the IDEA as in effect before enactment of the IDEA Amendments of 1997 remains in effect until the new Section 611 takes effect]

Section 619 [Preschool Grants Section 619 of the IDEA as in effect before enactment of the IDEA Amendments of 1997 remains in effect until the new Section 619 takes effect]

Effective October 1, 1998
Part I is repealed.

Other Implementation Dates

Not later than July 1, 1998
States report to the public on the performance of children with disabilities participating in regular assessments (with the same frequency and in the same detail as they report on the assessment of nondisabled children) if doing so would be statistically sound and would not result in the disclosure of performance results identifiable to individual children. [Sec. 612(a)(17)(B)(iii) of the IDEA as amended] for assessments conducted after July 1, 1998 or earlier if otherwise required State reports shall contain disaggregated data on the performance of children with disabilities participating in regular and alternate assessments. [Sec. 612(a)(17)(B)(iii) of the IDEA as amended}

Not later than July 1, 2000
States conduct alternative assessments for children with disabilities who cannot participate in State and district wide assessment programs. [Sec. 612(a)(17)(A)(ii) of the IDEA as amended]

Not later than July 1, 2000
States report to the public on the performance of children with disabilities participating in alternative assessments (with the same frequency and in the same detail as they report on the assessment of nondisabled children) if doing so would be statistically sound and would not result in the disclosure of performance results identifiable to individual children. [Sec. 612(a)(17)(B)(iii) of the IDEA as amended]

Not later than December 4, 1997
Secretary publishes proposed regulations establishing procedures (including objective criteria and consideration of the results of compliance reviews of the State by the Secretary) for determining whether to grant a waiver of the State maintenance of effort requirement based on clear and convincing evidence that all children with disabilities in the State have available to them a free appropriate public education. [Sec. 612(a)(19)(E) of the IDEA as amended]

Not later than June 4, 1998
Secretary publishes final regulations on the waiver of State maintenance of effort requirement described above. [Sec. 612(a)(19)(E) of the IDEA as amended]

Not later than December 4, 1998
Secretary submits an initial report to Congress on the Secretary of activities to develop and implement a comprehensive plan for coordinated research, personnel preparation, technical assistance, support and dissemination of information under the discretionary grant programs of the IDEA. [Sec. 661(a)(5) of the IDEA as amended]

Not later than October 1, 1999
Secretary submits an interim report to Congress summarizing the preliminary findings of the national assessment of activities carried out with IDEA funds as described in new section 674(b). [Sec. 674(b)(4)(A) of the IDEA as amended]

Not later than October 1, 2001
Secretary submits a final report to Congress of the findings of the national assessment described above. [Sec. 674(b)(4)(B) of the IDEA as amended]

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