Final Regulations

Published Notices of IDEA Regulations (2006-current)

Agencies write Federal regulations to implement and enforce the statutes passed by Congress.

View current IDEA regulations

Periodically, the department issues new or revised regulations to address the implementation and interpretation of the IDEA.

Whenever the department proposes new or revised regulations, it publishes a Notice of Proposed Rulemaking (NPRM) in the Federal Register and the public has an opportunity to submit written comments.

In each Notice of Final Regulations, also published in the Federal Register, the department analyzes and responds to the public’s comments in the section titled “Analysis of Comments and Changes.”

The following list includes each Notice of Final Regulations published since the IDEA statute’s last reauthorization Dec. 3, 2004, as well as:

  • A summary of the changes;
  • The effective date of the changes;
  • The “Analysis of Comments and Changes;” and
  • The revised regulations.

2017

July 11, 2017 (82 FR 31910)

Changes effective Aug. 10, 2017

  • Reflects changes made to the Individuals with Disabilities Education Act by Rosa’s Law, which replaces references to “mental retardation” in Federal law with “intellectual disability” or “intellectual disabilities”

July 11, 2017 (82 FR 31910)
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June 30, 2017 (82 FR 29755)

Changes effective June 30, 2017

  • Implement Parts B and C of the Individuals with Disabilities Education Act

These changes:

  • Address statutory amendments made to the IDEA by the Every Student Succeeds Act (ESSA), enacted on Dec. 10, 2015.
  • Remove and revise IDEA definitions based on changes made to the definitions in the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the ESSA.
  • Update several state eligibility requirements to reflect amendments to the IDEA made by the ESSA.
  • Update relevant cross-references in the IDEA regulations to sections of the ESEA to reflect changes made by the ESSA.
  • Include several technical corrections to previously published IDEA Part B regulations.

June 30, 2017 (82 FR 29755)
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2015

Aug. 21, 2015 (80 FR 50773)

Changes effective Sept. 21, 2015

  • Govern Title I, Part A of the Elementary and Secondary Education Act of 1965, as amended, to remove authority for States to:
    • Define modified academic achievement standards
    • Develop alternate assessments based on those modified academic achievement standards or eligible students with disabilities
  • Amend the IDEA Part B regulations at 34 CFR §300.160 – Participation in Assessments in order to make conforming changes to ensure coordinated administration of programs under Title I of the ESEA and the Individuals with Disabilities Education Act

Aug. 21, 2015 (80 FR 50773)
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April 28, 2015 (80 FR 23644)

Changes effective July 1, 2015

  • Amends Part B of the Individuals with Disabilities Education Act governing the Assistance to States for the Education of Children with Disabilities program and the Preschool Grants for Children with Disabilities program
  • Revises the regulations governing the requirement that local educational agencies maintain fiscal effort

April 28, 2015 (80 FR 23644)
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2013

Feb. 14, 2013 (78 FR 10525)

Changes effective March 18, 2013

  • Final regulations for Part B of the Individuals with Disabilities Education Act governing the Assistance to States for the Education of Children with Disabilities program, including the Preschool Grants for Children with Disabilities program

These amendments:

  • Revise the parental consent requirements a public agency must meet before it may access a child’s or parent’s public benefits or insurance (e.g., Medicaid) for the first time to pay for services required under the Act.
  • Ensure that parents of children with disabilities are specifically informed of all of their legal protections when public agencies seek to access public benefits or insurance (e.g., Medicaid) to pay for services required under the Act.

Feb. 14, 2013 (78 FR 10525)
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2011

Sept. 28, 2011 (76 FR 60140)

Changes effective Oct. 28, 2011

  • Govern the Early Intervention Program for Infants and Toddlers with Disabilities
  • Reflect changes made to the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Improvement Act of 2004

Sept. 28, 2011 (76 FR 60140)
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2008

Dec. 1, 2008 (73 FR 73006)

Changes effective Dec. 31, 2008

  • Govern the Assistance to States for the Education of Children with Disabilities Program and Preschool Grants for Children with Disabilities Program.
  • Address:
    • Parental consent for continued special education and related services;
    • Non-attorney representation in due process hearings;
    • State monitoring, technical assistance, and enforcement;
    • Allocation of funds; and
    • Positive efforts to employ and advance in employment individuals with disabilities.

Dec. 1, 2008 (73 FR 73006)
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2007

April 9, 2007 (72 FR 17748)

Changes effective May 9, 2007

  • Govern programs administered under Title I of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind Act of 2001 and the regulations governing programs under the Individuals with Disabilities Education Act Part B
  • Amended 34 CFR §300.160 – Participation in Assessments

April 9, 2007 (72 FR 17748)
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2006

Aug. 14, 2006 (71 FR 46540)

Changes effective Oct. 13, 2006

  • Govern the Assistance to States for Education of Children with Disabilities Program and the Preschool Grants for Children with Disabilities Program
  • Implement changes made to the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Improvement Act of 2004

Aug. 14, 2006 (71 FR 46540)
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