Individuals with Disabilities Education Improvement Act of 2004

1. Individuals with Disabilities Education Improvement Act of 2004 IDEIA 2004

2. IDEIA 2004 – Five Parts A. General Provisions B. Assistance for Education of All Children with Disabilities C. Infants and Toddlers with Disabilities D. National Activities to Improve Education of Children with Disabilities E. National Center for SPED Research IDEIA 2004

3. Part A: General Provisions • Describes the purpose of the law (section 1400) • Legal definitions (section 1401) • States not immune from suit for violations of IDEIA (section 1403) • Requirements and timelines for federal SPED regulations (section 1406) • Paperwork reduction (section 1408) IDEIA 2004

4. Section 1400 - Purpose • “…to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living…” • The phrase “further education” focuses on the increased emphasis on transition services. IDEIA 2004

5. Section 1401 - Definitions • Six new definitions added: • Core academics subjects • Highly qualified teachers • Homeless children • Limited English proficient • Universal design • Ward of the state IDEIA 2004

6. Highly Qualified • The requirement for highly qualified special educators are new and brings IDEIA in line with NCLB. A “highly qualified teacher” has full state certifications (no waivers), holds a license to teach, and meets the state requirements. • Requirements are slightly different for new v. veteran teachers; for elementary, middle and high school teachers; for teachers of multiple subjects; and for teachers who teach to alternative standards. IDEIA 2004

7. Highly Qualified (cont.) • Special educators who teach core academic subjects must meet the highly qualified teacher requirements in NCLB and must demonstrate competence in the core academic subjects they teach. • Special educators who do not provide instruction in core academic subjects do not have to meet the highly qualified teacher requirements. IDEIA 2004

8. Transition Services • The definition of transition services was changed to a “results-oriented process” that improves “the academic and functional achievement of the child with a disability” and facilitates the child’s transition from school to employment and further education. IDEIA 2004

9. Paperwork Reduction • New to IDEIA. • DOE may grant waivers to 15 states for pilot programs to reduce paperwork and other “non-instructional burdens.” • Two years after IDEIA is enacted, DOE must report to Congress on the effectiveness of these waivers. IDEIA 2004

10. Part B – Assistance … • Governs SPED and related services for children ages 3-21. • Includes sections 1411 through 1419 • New section “Risk Pool.” To help school districts meet the “needs of high need children with disabilities” states may reserve funds for “risk pools.” IDEIA 2004

11. Section 1412 – State Eligibility • Catch-all statute. Includes diverse topics including child find, LRE, transition to preschool programs, equitable services for children in private schools, unilateral placement, tuition reimbursement, and assessments. IDEIA 2004

12. Child Find • IDEIA was amended to include children who are homeless, wards of the state, and children who attend private schools. • IDEIA includes new requirements about equitable participation of children who attend private schools and consultation between public and private school officials. Note that SPED and related services may be provided on the premises of private religious schools IDEIA 2004

13. Personnel Qualifications • Aligns with NCLB • IDEIA requires states to take measurable steps to “recruit, hire, train, and retain highly qualified personnel to provide SPED and related services. IDEIA 2004

14. Participation in State and District Assessments • NCLB requires that schools teach all children, including children with disabilities, to proficiency in reading, math, and science by 2014. • NCLB also requires that all students in grades 3-8 will participate in the annual proficiency testing of reading and math. • IDEIA changed language to read “…all children, including children with disabilities, are included in all general State and district-wide assessment … with appropriate accommodations…” IDEIA 2004

15. Assessment (continued) • Child with an IEP • Statement of individual accommodations. • IEP team can determine that child shall take an alternative assessment on a particular state of district-wide assessment of student achievement and why child cannot participate in the regular assessment and why particular alternative assessment is appropriate. IDEIA 2004

16. Over-identification of Minority Children • Overidentification and disproportionality is new to IDEIA. • Congress found that African-American children are identified with MR and ED at far greater rates than white children. • Schools with predominantly white students and teachers place disproportionately high numbers of minority students in SPED. • States must develop policies to correct problem. IDEIA 2004

17. Mandatory Medication Prohibited • School personnel are prohibited from requiring a child to obtain a prescription for a controlled substance (i.e., Ritalin, Adderal) to: • Attend school • Receive an evaluation • Receive SPED services IDEIA 2004

18. Early Intervening Services • Early intervening services are new to IDEIA. Early intervening services focus on “proven methods of teaching and learning” based on “replicable research.” IDEIA 2004

19. Specific Learning Disability • IDEIA moved away from using discrepancy models to ID children with SLD. • The school is not required to determine if the child has a severe discrepancy between achievement and intellectual ability to find the child has a SLD and needs SPED. • The school may use “response to intervention” to determine if the child responds to scientific, research-based intervention as part of the evaluation process. IDEIA 2004

20. Changes to IEP • Content of IEP • IEP team members • IEP meeting attendance • Consolidated meetings • Review and revision of IEPs • Alternative means of participating in meetings IDEIA 2004

21. Content of IEP • PLOP – IEP must now include “a statement of the child’s present level of academic achievement and functional performance…” Must be objective data from assessments. IDEIA 2004

22. Content (cont.) • Annual Goals • Previous IEPs required annual goals, including benchmarks or short-term objectives. • IDEIA eliminated requirement for “benchmarks and STOs.”, except for IEPs of children who take the alternative assessments. • IDEIA also added “a statement of measurable annual goals, including academic and functional goals…” IDEIA 2004

23. Content (cont.) • Educational Progress • Previous – requires statement of child’s progress toward annual goals… • Now, child’s IEP must include a “description of how the child’s progress toward meeting the annual goals…will be measured and when periodic reports on the progress the child is making toward meeting the annual goal (e.g., quarterly reports, report cards). IDEIA 2004

24. Content (cont.) • SPED and Related Services • New language about research-based instruction. • Child’s IEP must include “a statement of SPED and related services and supplementary aids and services, based on peer-reviewed research to the extent practical, to be provided to the child… and a statement of the program modifications or supports for school personnel.” IDEIA 2004

25. Content (cont.) • Accommodations and Alternative Assessment • New language about “individual appropriate accommodations” on state and district testing and new requirements for alternative assessments. IDEIA 2004

26. Transition • IDEIA has extensive changes to the legal requirements for transition. Previously, the law required “a statement of transition service needs” (beginning at age 14), and “a statement of needed transition services for the child (beginning at age 16). IDEIA eliminated age 14 (now starts at 16). IDEIA 2004

27. Transition (cont.) • new statement: • “…appropriate measurable post secondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills…and the transition services (including course of study) needed to assist the child in reaching these goals. IDEIA 2004

28. Reviewing and Revising the IEP • IDEIA changed to process by which IEPs can be amended or modified. If the parent and school agree to amend or modify the IEP, they may revise the IEP by agreement without convening an IEP meeting. • The team must create a written document describing the changes and noting that, by agreement of the parties, an IEP meeting was not held. IDEIA 2004

29. Multi-year IEPs • 15 states may request approval to implement optional “comprehensive, multi-year IEPs” for periods of no longer than three years. IEP review dates must be based on “natural transition points.” IDEIA 2004