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IDEA 2004

IDEA 2004. Significant Changes in Special Education Law July 1, 2005.

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IDEA 2004

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  1. IDEA 2004 Significant Changes in Special Education Law July 1, 2005

  2. The information in this presentation is based on federal and state law as of September 2005. The information is subject to additional change until final federal regulations are issued and decisions about state law are finalized.

  3. IDEA 2004 Topics • Evaluation • IEP Content/Processes • Discipline • Due Process Resolution Procedures • Private Schools • DPI’s Role of General Supervision • Other

  4. Implementing IDEA 2004 Status Update • IDEA Reauthorization, December 4, 2004 • Effective July 1, 2005 • Proposed IDEA Regulations, June 2005 • Final IDEA Regulations, December 2005? • State Law Revisions, ???

  5. Parental Consent • Refusal to grant consent for initial evaluation • Refusal to grant consent for initial placement 614(a)(1)(D)

  6. 60 Day Timeframe for Initial Evaluations Exceptions Student transfer Refusal to make child available 614(a)(1)(c)

  7. Initial Evaluation New Form M-1-A Used for students who move into the district and are in the process of an initial evaluation. Notice of Agreement to Extend Time Limit for Transfer Student 614(a)(1)(C)

  8. NOTICE OF AGREEMENT TO EXTEND TIME LIMIT TO COMPLETE • INITIAL EVALUATION FOR TRANSFER STUDENT (M-1-A) • _____________________________SCHOOL DISTRICT • [If you need this notice in a different language or communicated in a different way, or have • questions about this notice, please contact ______________________ at _____________________] • Dear____________________________________________ Date________________________ • Recently your family moved to our school district. Your last school district started an evaluation to determine whether your child _____________________________ is a child with a disability. Our school district must complete the evaluation. • On _________________ we [met or spoke on the phone or exchanged emails] and agreed that this evaluation will be completed by _________________. The reason(s) for this action are: • (date) • Other options, if any, related to the above action which were considered and the reason(s) they were rejected including a description of any other relevant factors include: • □ None • The district is required to include the following statements as part of this notice. • If at any point during an IEP team meeting to determine your child’s eligibility for special education, develop an IEP, or determine a placement, you, or other IEP team participants, believe that additional time is needed to permit your meaningful involvement, additional time will be provided. This IEP team process may be concluded in one meeting or may require more than one meeting, depending on individual circumstances. • At the beginning of any meeting to address the evaluation, IEP, or placement of your child, the school district must discuss with you your right to have additional time, as described above, and your right to have a copy of the IEP team’s evaluation report prior to developing an IEP and placement. Upon request, you and the other IEP team participants may receive a copy of the team’s evaluation report prior to continuing with the development of your child’s IEP and placement. • You and your child have protection under the procedural safeguards (rights) of special education law. • □ You received a copy of your procedural safeguard rights in a brochure about parent and child rights earlier this year. If you would like another copy of this brochure, please contact the district at the telephone number above. • □ A copy of the parent and child rights brochure is enclosed with this notice. • In addition to district staff, you may also contact ________________________ at ______________________ if you have questions about your rights. • Sincerely, • ________________________________________________ • Name and Title of District Contact Person (New 7-1-05)

  9. Frequency of Evaluations • One per year • Three year reevaluations 614 (a)(2)(B)

  10. Frequency of Reevaluations New Form A-6-A Notice of Agreement To Conduct A Reevaluation More Than Once A Year & New Form A-6-B Notice of Agreement That A Three Year Reevaluation Not Needed 614(a)(2)(B)

  11. Screening Students to Determine Appropriate Instructional Strategies is not Considered Evaluation 614(a)(1)(E)

  12. Specific Learning Disabilities (SLD) • Discrepancy between achievement and intellectual ability • Response to scientific, research-based intervention 614(b)(6)

  13. Response to Intervention (RTI) RTI requires data that demonstrates: • Researched based interventions • Highly qualified teachers • Implementation in regular education settings • Implementation for an appropriate period of time • Repeated assessments of achievement at reasonable intervals

  14. Present Levels Performance • Academic achievement • Functional performance 614(d)(1)(A)(i)(I)

  15. Participation in Statewide and Districtwide Assessments • Updated to include statewide and district wide testing. • Continue to use WAA checklist. • LEA must decide what assessments qualify as “district wide assessments.” IEP for ____________ I-9-A Revised Form 612(a)(16), 614(d)(1)(A)(i)(VI)(bb)

  16. Benchmarks and Short Term Objectives Benchmarks or short-term objectives are still required under Wisconsin Law, Chapter 115, for all students with disabilities. 614(d)(A)(i)(II)

  17. Progress Reports IEP Annual Goal I-12 Revised Form The annual goal page has been revised to include a prompt of WHEN parents will be informed of the student’s progress. 614(d)(1)(A)(i)(III)

  18. Peer-Reviewed Research IDEA 2004 requires that special education, related services, and supplementary aids and services must be based on “peer-reviewed research to the extent practicable.” 614(d)(1)(A)(i)(IV)

  19. Transition No later than 14 years of age, and annually up-dated, transition services addressing course of study, per Chapter 115, WIS STATS. IEP - Transition I-9 Revised Form 614(d)(1)(A)(i)(VIII)

  20. Transition Summary of Transition Services I-13 Revised Form • Change from outcome process to results-oriented process. • Focus on improving academic and functional achievement. • Measurable post secondary goals based upon age appropriate transition assessments for training, education, employment, and independent living skills. • Continue to identify transition services provided and courses students take to reach goals. 614(d)(1)(A)(i)(VIII)

  21. Transfer Students • IDEA 2004 requires the LEA to treat in-state and out of-state transfers the same and provide FAPE upon enrollment. • Need to promptly obtain the child’s records from previous school. 614(d)(2)(C)(i)(II)

  22. IEP Team Transition from Birth-to-Three At the request of the parent an invitation to the initial IEP meeting will be sent to the Birth-to-Three service coordinator or other representatives of the Birth-to-Three system to assist with the smooth transition of services. 614(d)(1)(D)

  23. IEP Team Attendance Agreement That IEP Team Participant Not Required to Attend IEP Meeting • Participant’s area of curriculum or related services not being discussed • Participant’s area of curriculum or related services will be discussed but submits written input • Requires prior written consent from parents 614(d)(1)(C)

  24. Agreement Not to Convene an IEP Team Meeting to Make Changes to IEP Notice of Changes To IEP Without An IEP Meeting New FormI-14-A & Changes to IEP New Form I-14-B 614(d)(3)(D) and (F)

  25. Evaluations before Change in Eligibility & Summary of Performance Upon graduation or exceeding the age of eligibility LEA is required to provide the following: • Summary of academic achievement • Summary of functional performance • Recommendations to assist student in meeting postsecondary goals 614(c)(5)(B)(i)

  26. Notice of Graduation Revised Form M-4 & Notice of Ending of Services Due to Age New FormM-5 614(c)(5)(B)(i)

  27. Procedural Safeguards Notice • State law requires procedural safeguards on initial referral, for each IEP team meeting, upon reevaluation, and on request for due process. • IDEA 2004 requires procedural safeguards one time a year, upon initial referral or parent request for evaluation, the first filing of a due process complaint, and when a parent requests a copy. • Until further clarification, LEAs must continue to follow state law requirements in providing procedural safeguards notice. 615(d)(1)(A)

  28. Notices by Electronic Mail • Parents may choose to receive required notices by electronic mail if available from LEA. • The department has requested final regulation guidance for implementing this provision. 615(n)

  29. Due Process Resolution Session • LEA must convene resolution session within 15 days of receiving notice of request for due process hearing • Resolution session not required if both parties waive or agree to use mediation 615(f)(1)(B), 615(b)(6)-(7), 615(c)(2), 615(f)(1)(B), 615(f)(3), 615(i)(2)(B); and 615(i)(3)(B).

  30. Alternative Educational Setting-Serious Bodily Injury and Length of Removal School personnel may remove a student to an interim alternative educational setting for up to 45 school days (not calendar days), whether or not the conduct is a manifestation, under three circumstances: • Drugs • Weapons • Inflicting serious bodily injury (at school, on school premises, or at a school function) 615(k)(1)(G), 615(k)(1)(G)

  31. Manifestation Determination Factors to Consider: • Was behavior caused by student’s disability? • Was behavior directly and substantially related to student’s disability? • Was behavior the direct result of the school not implementing the IEP? Manifestation Determination Review I-18 Revised Form 615(k)(1)(E).

  32. Protection for Children Not Yet Eligible-Deemed to Know • Under IDEA 2004, an LEA does not have knowledge a child is a child with a disability if the parent of the child has not allowed the child to be evaluated for special education, refused services, or the child has been evaluated and determined not to be eligible. • The DPI has requested that OSEP, clarify through regulation, whether these exceptions apply without a time limit. 615(k)(5)(B)

  33. Placement During Appeals-Expedited Hearing • Disciplinary changes of placement are allowed when the conduct is not a manifestation of the child’s disability. • If a parent appeals a manifestation determination, the hearing must occur within 20 school days. • Decision due within 10 school days of the hearing. • Pending completion of the due process hearing, the child remains in the setting selected by the LEA. (IDEA 2004 eliminates the stay-put provision when a parent appeals a manifestation determination). 615(k)(4)(B)

  34. Parentally Placed Childrenin Private Schools • Changes relating to child find, annual child count, consultation and provision of services. • Students with disabilities who attend private schools will be served by the district that the private school is in, even if the child is a resident of a different district. 612(a)(10)

  35. Highly Qualified Special Education Teacher • All licensed teachers in Wisconsin, including special education teachers, are highly qualified under both NCLB and IDEA. • New special education teachers are required to demonstrate competence through a content test in core subject areas under PI 34 and will qualify through successfully completing the test requirement. 602(10)

  36. Services for Children who are Homeless IDEA 2004clarifies that homeless children are eligible for services. 612(a)(3)(A), 612(a)(11)(A)(iii), 615(b)(2)(A)(ii), and 615(b)(7)(A)(ii)(II).

  37. Assignment of a Surrogate Parent IDEA 2004 has added a new timeframe for the assignment of a surrogate parent. It requires an assignment of a surrogate not more than 30 days after an LEA determines that one is necessary. 615(b)(2)(B)

  38. Assistive Technology Device The definition of “Assistive Technology Device” expressly excludes a medical device that is surgically implanted, or the replacement of that device. 602(1)(B)

  39. Medication Prohibits requiring a child to obtain a prescription as a condition of : -attending school -receiving an evaluation, or -receiving special education services. 612(a)(25)(A)

  40. Universal Design Universal design involves designing and delivering products and services that are usable by people with the widest possible range of functional capabilities: 602(35), 611(e)(2)(C)(v), 612(a)(16)(E), and 612(23)(C)(ii)

  41. Purchase of Instructional Materials(blind/other print disabilities) • A State Education Agency must coordinate with the National Instructional Materials Access Center or provide an assurance that the agency will provide instructional materials to people who are blind or other persons with print disabilities in a timely manner. LEA is under a similar obligation. • The department will provide more information on this requirement as it becomes available. 613(a)(6), 612(a)(23)

  42. Early Intervening Services • 15% of the current flow-through allocation. • Activities: Professional development Educational & behavioral evaluations Research-based intervention • Requires mandatory data collection and reporting to the state and federal agencies. 613 (f)

  43. Disproportionality/Early Intervening Services • SEAs are required to determine if significant disproportionality based on race and ethnicity is occurring on both state and local levels. • If a district is determined to have significant disproportionality, then the district must • reserve the 15% to provide comprehensive coordinated early intervening services. 618(a)(2)

  44. Focused MonitoringPrimary Focus • Improving educational results and functional outcomes for all children with disabilities. • Ensuring the requirements of IDEA are met, especially those most closely related to improving educational results. 616(a)(2)

  45. Focused MonitoringPriority Areas • FAPE in the LRE • General supervisory authority • Disproportionate representation of racial and ethnic groups in special education 616(a)(3)

  46. 20 Indicators(*New Indicators)

  47. State Performance Plan(SPP) • Evaluate the State’s efforts to implement the requirements and purposes of IDEA • Describe how the State will improve such implementation • 6-Year Plan • 20 indicators related to the 3 priorities • Annual Performance Report 616(b)

  48. Stakeholder Group • As noted in the conference report to HR 1350, it is Congress’ expectation that SPPs, indicators, and targets will be developed with broad stakeholder input and public dissemination. • SPP Indicators – goals and targets • Continuous Improvement & Focused Monitoring System • State law 616(b)

  49. State Law IDEA 2004 requires states to: • Identify in writing any State-imposed requirement that is not required by IDEA. • Minimize the number of state special education rules, regulations and policies which LEAs are required to follow. 608(a)

  50. Enforcement • Needs assistance • Needs intervention • Needs substantial intervention 616(e)

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