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Committee briefed on temporary rule to incorporate updated Idaho Special Education Manual; conflicting section struck from pending rules
Summary
The House Education Committee was told the State Department of Education filed temporary rules to incorporate the updated Idaho Special Education Manual for continuity of operations and to strike a conflicting section of administrative rule that duplicates the manual.
BOISE — The House Education Committee received a briefing on temporary rules that incorporate the updated Idaho Special Education Manual by reference and remove a conflicting administrative-rule section so districts can operate with a compliant manual for the current school year.
Greg Wilson, chief of staff at the State Department of Education, told the committee the department struck the entirety of section 109 from the pending rules because "many of the components in this section ... conflicted with the updated special education manual." He said special education directors and teachers use the manual and do not typically consult administrative rule for day-to-day guidance.
"They go to the manual for this information. I hate to say it, they don't go to administrative rule to find this information, so that's why that section was struck," Wilson said. The department also filed a temporary rule to incorporate by reference this year's adopted content standards to ensure classroom continuity.
Representative Clow asked whether members could get a redline showing what changed in the manual; Wilson said the department could provide a redline version and a summary of key changes. Several members requested summaries or highlights of what was updated to meet federal standards.
The committee did not take final action on the pending rules during this informational session. Wilson said the temporary filings were intended to ensure compliance while the manual awaits legislative approval in the normal rulemaking process.
The committee will receive additional materials, including negotiated-rule meeting minutes and attendance lists, on request before any future vote on the pending rules.
