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U.S. Department of Education: Promoting Educational Excellence for all Americans

Preamble - Analysis of Comments and Changes


In response to the invitation in the NPRM, more than 5,500 parties submitted comments on the proposed regulations. An analysis of the comments and of the changes in the regulations since publication of the NPRM immediately follows this introduction.

The perspectives of parents, individuals with disabilities, teachers, related services providers, State and local officials, members of Congress, and others were very important in helping us to identify where changes to the proposed regulations were necessary, and in formulating many of the changes. In light of the comments received, a number of significant changes are reflected in these final regulations.

We discuss substantive issues under the subpart and section to which they pertain. References to subparts in this analysis are to those contained in the final regulations. The analysis generally does not address--

  • (a) Minor changes, including technical changes made to the language published in the NPRM;
  • (b) Suggested changes the Secretary is not legally authorized to make under applicable statutory authority; and
  • (c) Comments that express concerns of a general nature about the Department or other matters that are not directly relevant to these regulations, such as requests for information about innovative instructional methods or matters that are within the purview of State and local decision-makers.

A General

B State Eligibility

C Local Educational Agency Eligibility

D Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements

E Procedural Safeguards

F Monitoring, Enforcement, Confidentiality, and Program Information

G Authorization, Allotment, Use of Funds, and Authorization of Appropriations

H Preschool Grants for Children with Disabilities