Administrative Rule Review Report  #AR07-029

Legislative Service Office

22-May-07

AGENCY: Department of Education.

DATE SUBMITTED: May 14, 2007.

SUBJECT: Chapter 7, Services for Children With Disabilities.

NATURE OF RULES:                   Legislative and procedural.

STATUTORY AUTHORITY:        W.S. 21-2-202(a)(xviii), 21-2-304(a)(iii), 21-2-703(a)(i), 21-9-101(c)(i)

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:  The final rules were not submitted in a strike and underline format as required by rules of the Secretary of State; proposed rules were submitted in strike and underline format.  Otherwise, procedural compliance is apparently complete to date.  

SUMMARY OF RULES:      The Wyoming Department of Education administers programs for the education of children with disabilities.  The Department receives federal funds for this purpose through the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.  That federal act was substantially amended in 2004, with implementing federal regulations effective October 13, 2006.  The general purpose of these state rule amendments is to comply with requirements of the federal changes.  Revised provisions cover:

· Amended definitions, including among others "child with a disability," "cognitive disability," "developmental delay," "specific learning disability," "traumatic brain injury" and "parent";

·  Procedural safeguards, including notice, confidentiality of records and due process hearings;

·  Special education process, including evaluations and eligibility;

·  Detailed definition of and criteria for each category of disability;

·  Individualized Education Program process;

·  Disciplinary procedures;

·  Provision of services to children in private schools;

·  Distribution of federal grant funds.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the Governor caution the Agency on the need to comply fully with the Secretary of State's rules on rules and that the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

NOTE:  Due to the length of the rules (over 100 pages for the final rules and over 150 pages for the proposed "strike and underline" version of the rules), a copy is not attached to this report.  A copy of the comments received and the Agency's response to the comments is included in order to highlight the issues presented by public comment.  The complete set of rules is on file with the LSO and is available for review upon request.

While the Agency indicated these are "new rules," the rules are being amended in response to federal action.  They are not in response to Wyoming Legislative action, thus the rules are not new rules under the Administrative Procedure Act and the Secretary of State's rules on rules.  Therefore the proposed rules were not sent to any Wyoming legislator or committee as required by the APA for "new rules."

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Gerald W. Laska

Staff Attorney

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David K. Gruver

Assistant Director

GWL/