Earlier this year, President Trump signed Executive order 13777 to alleviate “unnecessary regulatory burdens” and establish agency-by-agency task forces to review existing regulations (rules that guide implementation of laws). The U.S. Department of Education has requested input on “regulations that may be appropriate for repeal, replacement, or modification.” They are also looking at rescinding non-regulatory guidance.
The Civil Rights Act of 1964, the Individuals with Disabilities Education Act (IDEA, the Rehabilitation Act Rehabilitation Act of 1973 (particularly Section 504), the Every Student Succeeds Act (ESSA), the Higher Education Act (HEA), the Americans with Disabilities Act (ADA), the Workforce Investment and Opportunity Act (WIOA) amending Title 1 of the Rehabilitation Act, and other laws that impact education are civil rights laws and, as such, require federal regulatory and oversight authority. Regulations and non-regulatory guidance provide details on how states are expected to implement a law and are essential to assuring states and districts fulfill their obligations to children with disabilities and their families.
The regulations being reviewed for possible “repeal, replace or modify” in the U.S. Department of Education have already gone through the open and transparent, procedures required by the Administrative Procedures Act that included extensive public comment. NDSC believes that the process that the U.S. Department of Education is currently undertaking to review such a huge body of critically important regulations and guidance for repeal, replacement or modification is a great cause for concern and an unnecessary and costly process.
You can find the Federal Register notice requesting comments here.
Please submit a comment (using the sample comment below or your own statement) by clicking on SUBMIT A FORMAL COMMENT at the link above before 11:59 PM ET Wednesday, September 20, 2017.
NOTE: Comments are stronger, stand out, and are more persuasive when they are personalized and tell the story of why the protections provided by guidance and regulations are so important to you.
Dear Secretary DeVos,
I believe all children deserve to feel safe and welcomed in their classrooms and receive a high-quality education. When a school or a school district violates students’ civil rights, federal laws require the U.S. Department of Education to step in. In order to make sure that states, districts and schools understand what the law requires of them, and to make sure that everyone understands the protections students have, regulations and guidance have been developed to clarify the laws. I oppose any effort to rescind, modify or replace regulations and guidance that clarify our civil rights and education laws.
TELL A STORY HERE ABOUT WHY CLARIFICATION OF THESE LAWS IS IMPORTANT TO YOU. EXAMPLES (PICK ONE):
One example of why these regulations are so important to me/my child is that
I use IDEA regulations at my child’s IEP meeting to ensure that the school understands his right to an education in the least restrictive environment.
WIOA regulations ensure that as a self-advocate I will have the opportunity for competitive integrated employment.
the ESSA assessment regulations will help ensure that my child who takes an alternate assessment will be instructed and assessed on the content standards for the grade in which she is enrolled.
the regulations and guidance for the Civil Rights Act of 1965 and the ADA will ensure that I/my child will not be discriminated against.
It’s the U.S. Department of Education’s job to provide the clarification needed for the proper implementation of the critically important laws that they oversee. Supporting and protecting the country’s students, with a keen focus on the most vulnerable student populations, should be a priority of every administration.