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AEP Seeks 200 Letters on IDEA Regs by Sept. 6 Deadline
Under provisions in the Individuals with Disabilities Education
Act (IDEA), local school districts can set aside up to 15 percent
of federal funds for students who have not progressed academically,
but do not need special education. Under these new "early
intervening programs," the law states that any instructional
materials used must be proven effective through research methods
that are considered "scientifically-based." While
all supplemental materials undergo rigorous scientifically-based
research (SBR)--such as pre- and post- field testing, comparison
groups and correlation studies--many school districts mistakenly
assume that supplementals do not qualify for federal funds if they
do not meet the "gold standard" of randomized clinical
trials required of more comprehensive curricula. In fact,
in an informal survey of supplemental educational publishers, 60
percent of those polled reported encountering difficulties with
LEAs who didn't completely understand the implications of the SBR
clause.
Last year, AEP worked with Washington Partners, LLC, to bring
this misconception to the attention of the legislators involved
in the reauthorization process. As a result, language was
included in the IDEA Conference Committee Report that specifically
identified supplemental materials as viable options for use in
early intervention instruction. While this was a victory
in terms of recognition, the main goal was to have language incorporated
in the law's regulations. Over the past eight months, the
U.S. Department of Education (DOE) has accepted comments and held
numerous hearings regarding the regulations of the reauthorized
IDEA, during which period they have received in excess of 6,000
recommendations. AEP and its members have been closely involved
in this process, testifying at hearings in addition to submitting
a number of written comments.
Unfortunately, the DOE has taken the position of regulating as
little as possible; therefore, few--if any--of these comments and
recommendations were taken into consideration in the law's regulations. AEP's
fall back position is now to ensure that this issue is addressed
in the preamble to the new IDEA regulations. Immediate action
is needed, as this may be supplemental publishers' last chance
to have language included with the reauthorized bill making clear
the fact that their products are eligible for IDEA funding. To
this end, AEP and Washington Partners have organized a letter-writing
campaign with the goal of gathering at least 200 testimonials from
companies who have witnessed firsthand the confusion caused by
SBR requirements. A sample letter can be found on the AEP
website at the address below, along with a timeline of recent developments
and contact information for the DOE. The deadline for submission
is September 6.
Success on this endeavor is important not only for the sake of
SBR clarification, but for demonstrating the supplemental educational
publishing industry's role as a concerned constituency.
To submit comments:
http://www.regulations.gov
e-mail to IDEA Comments@ed.gov
Put “IDEA-PART B” in the
e-mail line
Mail to:
Troy R. Justesen
US Department of Education
400 Maryland Avenue, SW
Potomac Center Plaza Room 5126
Washington, DC 20202-2641
Questions, ideas, or
in need of more information? Please contact Stacey
Pusey at 856-241-7772.
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Find out more on AEP's Government
Relations pages
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