HISTORY
Individuals with Disabilities Education Improvement Act of 2004 (PL 108-446), called IDEA 04 'signed into law 12/03/04
Highly Qualified Special Education Teacher requirements went into effect 12/03/04
Part A (General Provisions); Part B (Assistance to States); and Part C (Infants and Toddlers) went into effect July 1, 2005. Until final regulations are issued, the law and current regulations which are not in conflict with the new law are in effect.
"The Secretary is authorized to issue only regulations necessary to secure compliance with the statute". This provision may limit the Secretary's authority to issue regulations that could be useful in clarifying ambiguities. A new section of the Act also suggests that states minimize the number of rules, regulations and policies to which the school districts are subject"
OSEP issued a call for recommendations for regulations Dec 4. 2004
NOTICE OF PROPOSED REGULATIONS issued on June 21, 2005. Comment period ended September 6. 2005 Final Regulations are expected in January 2006.
MAJOR ISSUES
HIGHLY QUALIFIED TEACHERS (HOUSE: High Objective, Uniform Standard of Evaluation)
EVALUATION AND REEVALUATION For Students suspected of having SLD
LAW: A state may not require the use of a discrepancy between intellectual ability and performance. Proposed Regulation: A state may prohibit the use of a discrepancy. Schools may use a response to research based intervention as part of the evaluation
REEVALUATION: Not required for student graduating with a regular diploma or reaching maximum age for eligibility. LEA must provide a summary of the child's academic achievement and functional performance, (SOP) which shall include any further recommendations on how to assist the child in meeting the child's postsecondary goals.
INDIVIDUALIZED EDUCATION PROGRAM (IEP):
- Short term objectives required only for students taking alternate assessments based on alternate achievement standards. (May be used for other students with disabilities - up to the IEP team.)
- Progress reports towards meeting annual goals. (Does not require the extent to which the progress is sufficient to attain the goal.)
- IEP may be amended, in writing, after the annual meeting if parents and LEA agree. Written prior notice still required.
- IEP team member may be excused with OK from LEA and parents.
TRANSITION OUT OF HIGH SCHOOL
- Transition starts at age 16; although IEP team may consider needs earlier.
- IEP must include a statement of appropriate postsecondary goals for training education, employment, and, when appropriate, independent living skills.
- Needed interagency links are not required.
TRANSITION FROM PART C TO PART B: Parental option to stay in early intervention program.
TRANSFERS: between school districts, in and out of state, within a school year
- Services provided in the old school must be provided until a new IEP is developed
- Sending school must respond promptly to requests from receiving schools
- Parental consultation
PROCEDURAL SAFEGUARDS
- Notice once a year
- Statute of limitations 2 years only
- Complaint notice
- Resolution session before due process
- Attorney fees
DISCIPLINE
- Schools may consider unique circumstances on a case by case basis before deciding on a change of placement for a student who violates a school code of conduct.
- Stay put eliminated: student stays in alternate placement pending appeal
- Services in an interim alternative educational placement must enable student to participate in the general ed curriculum and progress towards IEP goals.
- Parents have the burden of proof in manifestation determination.
- Language requiring the IEP team to consider whether the disability impaired the child's ability to control or understand the impact and consequences of the behavior deleted.
- Time in alternative educational placement now 45 school days NOT 45 calendar days (9 weeks instead of 6 weeks).
PILOT PROGRAMS
- MULTIYEAR IEPS - At transition points
- PAPERWORK REDUCTION- may not waive requirements for civil rights and right to FAPE
REFERENCES
THE LAW: PL 108-446
Go to the Office of Special Education Programs (OSEP) Web site, http://www.ed.gov/about/offices/list/osers/osep/, and click on The Individuals with Disabilities Education Improvement Act of 2004 or go to http://www.nichcy.org/reauth/PL108-446.pdf (162 pages)
ANALYSIS OF THE LAW
For a User's Guide to the 2004 IDEA Reauthorization (P.L. 108-446) and Conference Report, go to: http://www.c-c-d.org/IdeaUserGuide.pdf
PROPOSED REGULATIONS
The proposed regulations were 652 pages long (double-spaced, Courier, 12 points).
To make the regulations more accessible, Wrightslaw (http://www.wrightslaw.com) reformatted this into Proposed IDEA Regulations (97 pages) and Explanations & Commentary (65 pages). Lengthy tables and discussions about funding formulas were deleted.
CEC's Side-by-Side Analysis of Selected Issues from the Proposed IDEA Regs included the law's provisions, including qualified personnel, IEPs, learning disabilities, discipline, early intervening services, compliance, eligibility, procedural safeguards, private schools, monitoring and enforcement, and definitions.
RESPONSES TO PROPOSED REGULATIONS
OSEP GUIDELINES - OSEP has developed a series of topic briefs around several high-interest areas of IDEA. Topic briefs include a summary of all relevant statutory language around that topic, the citations and a cross-reference, when applicable, to other related briefs and are available as Word or pdf documents.
Alignment with the No Child Left Behind Act
Changes in Initial Evaluation and Reevaluation
Children Enrolled by Their Parents in Private Schools
Discipline
Disproportionality and Overidentification
Early Intervening Services
Highly Qualified Teachers
Individualized Education Program (IEP), Team Meetings and Changes to the IEP
Individualized Education Program (IEP)
Local Funding
National Instructional Materials Accessibility Standard (NIMAS)
Part C Amendments in IDEA 2004
Part C Option: Age 3 to Kindergarten Age
Procedural Safeguards: Surrogates, Notice and Consent
Procedural Safeguards: Mediation and Resolution Sessions
Procedural Safeguards: Due Process Hearings
Secondary Transition
State Funding
Statewide and Districtwide Assessments
10 TIPS: HOW TO USE IDEA 2004 TO IMPROVE YOUR CHILD'S SPECIAL EDUCATION available at: http://www.wrightslaw.com/idea/art/10.tips.steedman.htm
Public Policy Committee December, 2005 |
