Updates in IDEA 2004

1. Updates in IDEA 2004

2. NCLB is the symbol of the paradigm shift to a new mission of universal high achievement • From: All children will have • universal access to education - 1837-1987 • equal educational opportunity – 1954 • To: All children will have • universal access to education • equal educational opportunity,AND • universal high achievement (proficiency)

3. Changes in IDEA ‘04 • Private Schools (parentally placed students) AEAs are required to: • Provide direct services (to extent practicable) • Provide data on # of students evaluated, found eligible, and served • Conduct timely child-find process as in public schools • Not consider costs of child find process • Consult with private schools on child find process and determination of proportional funds

4. Changes in IDEA ‘04 • Highly Qualified Teachers • All special education teachers must be highly qualified no later than the end of this school year (May 2006) • In Iowa: • Elementary sped teachers – OK • Secondary • Level 1 – endorsement in content area or co-teach • Level 2 & 3 – OK, pending approval Iowa’s proposal to federal government

5. Changes in IDEA ‘04 • IEP – Team Meetings • Allows a member of the IEP team to be excused from a meeting if no changes are being made to that member’s area of curriculum or service OR if the member provides input prior to the meeting • Parent and LEA must agree to member being excused • Allows parents and LEAs to agree to participate in meetings via video conferences and conference calls

6. Changes in IDEA ‘04 • Short term objectives or major milestones are no longer required. • The IEP must now include a statement of measurable goals, including academic and functional goals.

7. Changes in IDEA ‘04 • Evaluations • Parent, SEA, LEA can request an initial evaluation • LEA must gather academic information (PLAAFP: Present Level of Academic Achievement and Functional Performance) • Tests administered in “language and form most likely to yield accurate information” • 60 day timeline

8. Changes in IDEA ‘04 • Exclusionary factors • Lack of scientifically based instruction in reading • Phonics, phonemic awareness, vocabulary, comprehension, fluency • Lack of instruction in math • Limited English proficiency

9. Changes in IDEA ‘04 • Exit evaluations not required when… • Graduation from secondary school with a regular diploma • Exceeding age eligibility for FAPE (age 21 in Iowa)

10. Changes in IDEA ‘04 • Disciplinary Actions • Authorizes schools to order changes of placement (up to 10 days) to an appropriate interim educational setting, another setting, or suspension without a manifestation determination • Authorizes schools to apply, beyond that 10 day period, the same disciplinary procedures for a child without a disability – upon determining that the violation in question was not a manifestation of the child’s disability

11. Questions

12. State Performance Plan • Iowa’s plan to address/support the success of the 4 priority areas and 34 indicators which provide information on the health of special education throughout the state • Due December 2, 2005 • Annual state updates to USDE (Annual Performance Report) • First report due 2/1/2007 • Subsequent reports in February of a year

13. Monitoring Priorities for Part B and C • Free/Appropriate Public Education in the Least Restrictive Environment • Disproportionality • Early Intervention Services in Natural Environments • Effective General Supervision

14. State Performance Plan • 20 new requirements for every school district – Part B • 14 requirements – Part C • Retreat held from July 19-21st in Des Moines with AEA Sped Directors and Coordinators

15. Monitoring Priorities and Indicators FAPE/LRE • Graduation • Drop-out • Achievement (under NCLB) • Suspension/Expulsion • LRE ages 6-21 • LRE ages 3-5 • Early Childhood Outcomes (ages 0-5) • Parent Involvement survey

16. Monitoring Priorities and Indicators DISPROPORTIONALITY • Disproportionality (district-by-district basis) • a. System in place to serve all children • b. Settings • c. Suspension/expulsion • Disproportionate representation of racial and ethnic groups in specific disability categories that is the result of inappropriate identification

17. Monitoring Priorities and Indicators CHILD FIND • 60 day timeline for evaluation after parental consent is received

18. Monitoring Priorities and Indicators GENERAL SUPERVISION • Identify non-compliance within one year • Percent of complaints handled within 60 days. • Fully adjudicated due process hearing requests within 45-days • Percent of hearing requests resolved • Percent of mediations resulted in agreements • State reported data are timely and accurate

19. MR Targets and Strategies • Measurable/Rigorous Targets • Where we want to be as a state in 6 years. The target should be measurable and linked to the Measurement of the Indicator • Some are set for us – some we must set • Improvement Strategies • The plan or method of “getting to” or obtaining the 6 year Target. Strategies should be broad in scope, rather than discrete activities

20. Monitoring Priorities and Indicators • Districts will be held in non-compliance where the AMO has not been met • State can be held non-compliant for two years then 20% funding will be withheld.

21. Questions