Proposed Rule

The Idaho State Department of Education (Department) is taking public comment through August 22, 2018, on a proposed rule to revise the Idaho Special Education Manual.  The proposed changes to the Idaho Special Education Manual can be found at sde.idaho.gov/topics/admin-rules/, Current Rulemaking Activities, Docket No. 08-0203-1801.
All comments received will be published on the Department's website after the conclusion of the public comment period.  
 
DESCRIPTIVE SUMMARY: The following is a statement in nontechnical language of the substance and purpose of the proposed rulemaking:

This rulemaking amends the adoption date of the Idaho Special Education Manual (Manual), an incorporated document. Modifications to the Manual are necessary to ensure compliance with IDAPA, Idaho Code, the Individuals with Disabilities Education Act (IDEA), the Every Student Succeeds Act (ESSA), and recent court decisions. Substantive amendments to the Manual, approved by the Idaho State Board of Education on June 20, 2018, include: aligning the definition of a Free and Appropriate Public Education to recent United States Supreme Court decisions and language describing the development of a student’s individualized education program; amending the “Visual Impairment Including Blindness” eligibility criteria based on non-exclusionary guidance from the Office of Special Education; updating the eligibility category of “Emotional Disturbance” to “Emotional Behavioral Disorder”; defining significant cognitive impairments and revising alternate assessment participation criteria for clarity as required by ESSA; clarifying that “objectives and benchmarks” are required for students taking alternative assessments; clarifying provisions for transition planning, postsecondary goal setting, and discontinuation of services; revising private school consultations and processes for resolving disputes; making minor language changes in Chapter 4 for “Developmental Delay”; clarifying the Idaho Special Education Results Driven Accountability Monitoring System; revising disciplinary procedures to comply with IDEA; and updating dispute resolution procedures and processes with present standards of practice and IDEA.

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