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Talking Points on Special Education ‘deregulation’

March 4, 2013

“Talking Points”

  • The Department of Education (DOE) should ensure that each proposed regulatory change positively impacts student instruction and achievement.
  • Urge DOE to use due diligence before proposing regulatory changes.
  • Slow down the process.
  • DOE should not limit parental participation in special education.
  • The change to the copyrighted materials section unnecessarily limits the options available to the families and school districts.
  • The change to allow people other than child study team members to serve as case managers will place unqualified individuals in this important role.
  • Reducing the number of individuals required to attend an initial identification meeting will increase the likelihood of disputes between families and schools and cause needless delay.
  • Removing the speech language pathologist as a required member of the child study team for preschool students and those with a suspected language disorders will harm countless children as the vast majority of preschool students and many others present with a suspected language delay.
  • Reducing the timeframe by which school districts need to provide notice and reports to families will dramatically impact a family’s ability to review material and prepare for meetings with the school district.
  • Increasing the timeframe for school districts to complete evaluations for transfer students will prolong needed changes to a student’s program by approximately one third of the school year.
  • Removal of the time limitation for class size exemption may deny the affected students their right to an appropriate education.
  • Eliminating notification to parents when a class size or age range waiver has been granted is likely to likewise violate the students’ rights to an appropriate education.
  • Eliminating the requirement that teachers be highly qualified in private schools for students with disabilities denies the students in those schools their rights under special education law and their constitutional right to equal protection.
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