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Major Changes for Educational Agencies in Virginia Under IDEA 2004

This article discusses the key changes in the Individuals with Disabilities Education Improvement Act of 2004 (IDEA) that affect educational agencies in Virginia. It covers revised definitions, highly qualified teachers, transition services, universal design, and more.

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Major Changes for Educational Agencies in Virginia Under IDEA 2004

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  1. IDEA 2004 Part B Major Changes for Educational Agencies in the Commonwealth of Virginia Virginia Department of Education Division of Special Education and Student Services

  2. Individuals with Disabilities Education Improvement Act of 2004 P.L. 108-446

  3. NOTE • All Virginia Regulations not in conflict with the IDEA 2004 changes remain in effect

  4. Definitions

  5. Definitions • Assistive Technology Device – Revised • Core Academic Subject – New • Developmental Delay – Revised • Highly Qualified– New • Homeless Children– New • 8 VAC 20-80-10 • IDEA ’04 § 1401

  6. Definitions • Parent – Revised • Transition Services– Revised • Universal Design – New • Ward of the State– New • 8 VAC 20-80-10 • IDEA ’04 § 1401

  7. Revised Adds exception: Excludes surgically implanted medical devices, or replacement of same Includes exception in definition of Related Services Definitions Assistive Technology Device • 8 VAC 20-80-10 • IDEA ’04 § 1401(1)(B); (26)(B)

  8. New Reading/language arts, math, science, foreign languages, civics/government, economics, arts, history, and geography Definitions Core Academic Subject • IDEA ’04 § 1401 (4)

  9. Revised 8 VAC 20-80-10 IDEA ’04 § 1401 (3)(B) Permits the age range for classifying children as developmentally delayed to be reduced to ages 3-5, or any subset of the age range 3 through 9 Definitions Developmental Delay

  10. Definitions Developmental Delay • Revised • 8 VAC 20-80-10 • Virginia Regulations currently provide FAPE for children beginning with the age 2 and the subset age range for Developmental Delay is 2 through 8

  11. New Special Education Teachers must be highly qualified as defined under No Child Left Behind NCLB Act of 2001, P.L. 107-110, Title IX, General Provisions, § 9101, “Definitions”, #23 Definitions Highly Qualified • IDEA ’04 § 1401 (10)(A), (B), (C), (D)

  12. New This term has the same meaning as “homeless children and youths” in Section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11434 a) Definitions Homeless Children

  13. McKinney-Vento Definition Children and youths who lack a fixed, regular, and adequate nighttime residence, including but not limited to: sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason a primary nighttime residence that is not usually used for sleeping Definitions Homeless Children

  14. Revised Includes natural, adoptive or foster parent unless state law prohibits the foster parent Mirrors the Virginia Regulations Definitions Parent • 8 VAC 20-80-10 • IDEA ’04 § 1401 (23)

  15. Revised Added components to the definition: Results-oriented process Focused on improving the academic and functional achievement of the child with a disability Definitions Transition Services • 8 VAC 20-80-10 • IDEA ’04 § 1401 (34)

  16. New A concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities… As defined by the Assistive Technology Act of 1998 (29 U.S.C. 3002 § 3) Definitions Universal Design • 8 VAC 20-80-10 • IDEA ’04 § 1401 (35)

  17. New Applies to foster children or wards of the state or children in the custody of a public child welfare agency The term does not include a foster child who has a foster parent who meets the definition of parent Definitions Ward of the State • 8 VAC 20-80-10, • IDEA ’04 § 1401 (36)

  18. Highly Qualified Teachers

  19. 8 VAC 20-80-45 A IDEA ’04 § 1412 (a)(14)(C) and (E) Highly Qualified Teachers • Revised • Aligned Special Education Teacher requirements with NCLB personnel requirements

  20. Highly Qualified Teachers • Guidance Documents/Attachments • “Virginia Requirements to Be a Highly Qualified Special Education Teacher” • “Virginia Requirements for Teachers Not New to the Teaching Professions to Meet the Definition of Highly Qualified in the Federal Core Academic Areas and Special Education”

  21. Related Services Personnel and Paraprofessionals

  22. Revised Must meet qualifications consistent with the state’s licensing requirements Appropriately trained and supervised when assisting in providing special education and related services Practice Tip Available Related Services Personnel and Paraprofessionals • 8 VAC 20-80-10 • IDEA ’04 § 1412 (a)(14)(B)

  23. Revised Must not meet licensing requirements via emergency, temporary or provisional basis Additional Guidance: VDOE’s, “Implementing the NCLB Act 2001”, Q & A Related Services Personnel and Paraprofessionals • 8 VAC 20-80-10 • IDEA ’04 § 1412 (a)(14)(B)

  24. Overidentification and Disproportionality

  25. New States must have policies and procedures designed to prevent inappropriate overidentification or disproportionate representation by race or ethnicity of children with disabilities, including particular disability categories Overidentification and Disproportionality • IDEA ’04 § 1412 (a)(24)

  26. Evaluation - Eligibility

  27. Evaluation - Eligibility • Determining Eligibility Factors – Revised • FAPE – Revised • Conduct of the Evaluation – Revised • Early Intervening Services – New

  28. Evaluation - Eligibility • Elements to be Evaluated – Revised • Initial Evaluations – Revised • Reevaluations – Revised • Native Language – Revised

  29. Evaluation - Eligibility • Screening – New • Mandatory MedicationProhibition– New • Specific Learning Disabilities – Revised • Termination of Eligibility – Revised

  30. May not find a child eligible for services based on a lack of appropriate instruction in reading Evaluation - Eligibility Determining Eligibility Factors • Revised • 8 VAC 20-80-56 C.3 • IDEA ’04 § 1414 (b)(5)(A)

  31. Revised States are not required to provide FAPE to children who are eligible for Part B but are receiving Part C services Evaluation - Eligibility FAPE • 8 VAC 20-80-30 • IDEA ’04 § 1412 (a)(1)(C)

  32. Revised Specifies that the evaluation process gather academic information about the child and not use any single measure or assessment as the sole criterion for determining whether the child is a child with a disability Evaluation - Eligibility Conduct of the Evaluation • 8 VAC 20-80-54 E. 3 • IDEA ’04 § 1414 (b)(2)(A) & (B)

  33. New Divisions may use up to 15% of Part B funds for services for students not identified as a child with a disability No FAPE entitlement conveys Evaluation - Eligibility Early Intervening Services • IDEA ’04 § 1413 (f)

  34. * Note * Divisions identified as significantly disproportionate MUST reserve 15% of their Part B funds to be spent on early intervening services * Particularly on the significantly disproportionate group Evaluation - Eligibility Early Intervening Services • IDEA ’04 § 1418 (d)(1)(B)

  35. Revised Adds language requiring review of: local and state assessments; classroom-based observations; and the academic achievement and related developmental needs of the child Also requires team to determine in addition to the other considerations, what, if any, data is needed to determine the educational needs of the child Evaluation - Eligibility Elements to be Evaluated • 8 VAC 20-80-54 D.1.b & F.2.b. • IDEA ’04 § 1414 (c)(1)(B)(i) & (ii)

  36. Revised Adds language wherein either a parent, SEA [VDOE], or other State agency or school division can request an initial evaluation Evaluation - Eligibility Initial Evaluations • 8 VAC 20-80-54 H.1 • IDEA ’04 § 1414 (a)(1)(C); (b)(3)(D)

  37. * Note * Establishes federal default time frame of 60 days from parental consent for completion of the evaluation * Virginia will continue with 65 business days from receipt of referral by SPED administrator or designee Evaluation - Eligibility Initial Evaluations • 8 VAC 20-80-54 H.1 • IDEA ’04 § 1414 (a)(1)(C); (b)(3)(D)

  38. First exception to the 65 business day time frame Student changes school divisions during evaluation time frame Exception to the exception Does not apply if parents and division agree on new time frame and division is making progress towards compliance Evaluation - Eligibility Initial Evaluations • 8 VAC 20-80-54 H.1 • IDEA ’04 § 1414 (a)(1)(C); (b)(3)(D)

  39. Second exception to the 65 business day time frame If the parent repeatedly fails or refuses to produce the student for the evaluation Evaluation - Eligibility Initial Evaluations • 8 VAC 20-80-54 H.1 • IDEA ’04 § 1414 (a)(1)(C); (b)(3)(D)

  40. Revised Unless otherwise agreed to by the LEA and parent, reevaluations are Limited to once every three years, or Not more than once a year Evaluation - Eligibility Reevaluation • 8 VAC 20-80-54 F.1, F.5 • IDEA ’04 § 1414 (a)(2), (c)(4)(ii)

  41. Revised Only mandated if warranted or requested If IEP team determines no additional data is needed, parents must receive notice of their right to an educational evaluation, in addition to whether the child continues to be a child with a disability Evaluation - Eligibility Reevaluation • 8 VAC 20-80-54 F.1, F.5 • IDEA ’04 § 1414 (a)(2), (c)(4)(ii)

  42. Revised Evaluations must be done in the language and form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally Unless it is not feasible to so provide or administer Evaluation - Eligibility Native Language • 8 VAC 20-80-54 E.1.b • IDEA ’04 § 1414 (b)(3)(A)(ii); (iv) and (v)

  43. Revised Assessments and other evaluation materials must be conducted by trained personnel School divisions must coordinate assessments if a child moves from one division to another in the same academic year Evaluation - Eligibility Native Language • 8 VAC 20-80-54 E.1.b • IDEA ’04 § 1414 (b)(3)(A)(ii); (iv) and (v)

  44. New When the purpose of a screening is to determine the appropriate instructional strategies for curriculum implementation, a screening is not considered an evaluation No parental consent required Evaluation - Eligibility Screening • IDEA ’04 § 1414 (a)(1)(E)

  45. New Intended as a pre-referral activity, and information may not be used during any future evaluation; BUT… Information MAY be reviewed during a later evaluation/eligibility process as part of the child’s educational record Federal provision does not change Virginia’s requirements for screening related to child find Evaluation - Eligibility Screening • IDEA ’04 § 1414 (a)(1)(E)

  46. New May not require a child to obtain a prescription of a controlled substance as a condition of attending school, receiving an evaluation, or receiving services under the IDEA Evaluation - Eligibility Mandatory Medication Prohibition • IDEA ’04 § 1412 (a)(25)

  47. New May still share observations of the student’s performance or behavior in the classroom or school with the parents Evaluation - Eligibility Mandatory Medication Prohibition • IDEA ’04 § 1412 (a)(25)

  48. Revised Divisions may choose to use the discrepancy model and/or research-based intervention model or different research based assessment process Practice Tip Available Evaluation - Eligibility Specific Learning Disabilities • 8 VAC 20-80-56 G • IDEA ’04 § 1414 (b)(6)

  49. Revised Evaluation is required before determining if the child does not have a disability unless the change in eligibility is due to Graduating with a regular (standard or advanced studies high school diploma) diploma; or Reaching maximum age for eligibility Evaluation - Eligibility Termination of Eligibility • 8 VAC 20-80-58 A • IDEA ’04 § 1414 (c)(5)(B)(l)

  50. Individualized Education Programs

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