print this pageIDEA 1997 Final Regulations, Part Two
6) Attention Deficit Disorder & Attention Deficit Hyperactivity Disorder
Neither the old nor revised IDEA included Attention Deficit Disorder or Attention Deficit Hyperactivity Disorder as a separate disability category.
Relying on the Department's long-standing policy, the final regulations clarify that:
- ADD and ADHD have been listed as conditions that could render a child eligible under the "other health impaired"(OHI) category of Part B of IDEA; and,
- The term "limited strength, vitality, or alertness" in the definition of "OHI", when applied to children with ADD and ADHD, includes a child's heightened alertness to environmental stimuli that results in limited alertness with respect to the educational environment.
7) Developmental Delay
Prior to the 1997 IDEA amendments, States could define and require Local Education Agencies to use the developmental delay category for children ages 3 through 5. The 1997 IDEA amendments allowed States to define developmental delay for children ages 3 through 9 and authorized LEAs to choose to use the category and, if they do, they are required to use the State's definition.
The final regulations clarify that:
- A State that adopts the term developmental delay determines whether it applies to children ages 3 through 9, or to a subset of that age range (e.g., ages 3 through 5);
- If an LEA uses the term developmental delay, the LEA must conform to both the State's definition of that term and to the age range that has been adopted by the State;
- If the State does not adopt the term developmental delay, an LEA may not independently use that term as a basis for establishing a child's eligibility under Part B of IDEA; and,
- Any State or LEA that elects to use the term developmental delay for children aged 3 through 9 may also use one or more of the disability categories for any child within that age range if it is determined, through the evaluation under Part B of IDEA, that the child has an impairment under Part B of IDEA, and because of that impairment needs special education and related services.
8) Definition of Day & School Day
Prior to 1997, the law included only the term "day" that was interpreted by the Department to mean "calendar day." Now, law uses the terms "day," "business day," and "school day."
The final regulations clarify that:
- Day means calendar day, unless otherwise indicated as business day or school day;
- Business day means Monday through Friday, except for Federal and State holidays, unless holidays are specifically included in the designation of business day;
- School day means any day (including a partial day) that children are in attendance at school for instructional purposes; and,
- The term "school day" has the same meaning for all children with and without disabilities.
9) Charter Schools
The IDEA Amendments of 1997 contain two specific provisions on public charter schools, including requiring that: (1) in situations in which charter schools are public schools of the LEA, the LEA must serve children with disabilities in those schools in the same manner that it serves children with disabilities in its other schools, and provide Part B funds to those schools in the same manner as it provides Part B funds to its other schools; and (2) An SEA may not require a charter school that is an LEA to jointly establish its eligibility with another LEA unless it is explicitly permitted to do so under the State's charter school statute.
The final regulations clarify that:
- Part B final regulations apply to all public agencies, including public charter schools that are not included as LEAs or education service agencies (ESAs), and are not a school of an LEA or ESA;
- The term LEA includes public charter schools that are established as an LEA under State law;
- The term "public agency" includes among the list of examples of a public agency, public charter schools that are not otherwise included as LEAs or ESAs and are not a school of an LEA or ESA;
- Children with disabilities who attend public charter schools and their parents retain all rights under Part B of IDEA; and,
- Compliance with Part B of IDEA is required regardless of whether a public charter school receives Part B funds.
10) Parentally-Placed Children with Disabilities in Private Schools
Prior to 1997, the law did not extensively address the education of children with disabilities placed in private schools by their parents. These children were served based on the limited provisions of the statutes and on the Education Department's General Administrative Regulations (EDGAR) and the Department's long-standing policy interpretation.
The 1997 amendments included some of the old language and incorporated the Department's long-standing policy interpretation.
Specifically, the final regulations clarify that:
- The term "service plan" has been adopted for use in lieu of "IEP" for parentally-placed children in private schools;
- Part B services must be provided in accordance with a "service plan" that, to the extent appropriate, meets specified IEP requirements;
- Child find activities for private school children with disabilities must be comparable to that in the public schools;
- Public agencies must consult with representatives of parentally-placed private school children with disabilities on how to conduct child find activities for those children in a manner that is comparable to that for public school children;
- Each LEA must consult with representatives of private school children with disabilities to decide how to conduct the annual count of the number of those children;
- The costs of child find activities for private school children with disabilities may not be considered in determining whether the LEA met the minimum expenditure requirements; and,
- The due process procedures under Part B apply to child find activities for private school children with disabilities, including evaluations, but do not apply to the other provisions regarding children with disabilities enrolled by their parents in private schools.
For further information about the IDEA '97 statute and implementing regulations, contact the Department of Education at 202-205-5465 or 202-205-5507, or visit the Department's website at http:/www.ed.gov/offices/OSERS/IDEA.