I.D.E.A. 2004

1. I.D.E.A. 2004 LANGUAGE & LEGAL ISSUES Impacting the Process of the IEP Team, School Staff, and Parents

2. HIGHLIGHTS • Purpose of the Act • Free Appropriate Public Education • Presents Levels of Performance • Assistive Technology • Related Services • Parental Consent • Eligibility • Least Restrictive Environment

3. Purpose of the Act • To emphasize the need for transition services; • To ensure addressing student needs for potential accommodations in • Further Education (specifically Community College or other educational activities) • Employment and • Independent Living

4. Free Appropriate Public Education (FAPE) • New Purpose and Language • Be prepared to lead productive and independent lives to the maximum extent possible • Ensuring access to the general education curriculum in the regular education curriculum, to the maximum extent possible • Meet developmental goals and, to the maximum extent possible, the challenging expectations for all students

5. Maximum Extent Language • Does the addition of “maximum extent” change the definition of FAPE? • NO! Basic FAPE definition remains: • Services are provided at public expense • Meet State (MD) Standards • Include appropriate preschool, elementary or secondary school services • Provided in conformity with an IEP

6. Present Levels of Performance (PLEP) • IEP - Definition • An IEP is a written document for each child with a disability that is developed, reviewed, and revised in accordance with IDEA • It must include a statement of the child’s present levels of academic achievement and functional performance

7. IEP CONTENT • Must include a statement of measurable annual goals, including academic and functional goals designed to: • Meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in general education curriculum

8. Assistive Technology • Any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized that is used to increase, maintain, or improve functional capabilities of a child with a disability • Does not include a medical device that is surgically implanted

9. Assistive Technology • The use of school purchased assistive technology devices in the student’s home or other settings is a case-by-case decision. • Each public agency must ensure that assistive technology devices or services are made available to a child if required as part of: • Special Education • Related Services • Supplemental Aids and Services

10. Related Services • Means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education. • Includes but is not limited to: • Speech/Language • Audiological Services • Interpreting Services • Orientation and Mobility Services

11. Parental Consent • The requirements have changed and will impact the following: • Initial evaluation of the student • Initial Provision of special education • Reevaluation

12. Initial Evaluation… • The IEP team must attempt to obtain consent via letter or phone calls, and then document reasons for the requested evaluation and the parents reasons for rejecting the request in the student’s file. • The School system may decide NOT to pursue consent through the hearing process without violating its obligation to provide FAPE if it declines to pursue the evaluation.

13. Initial Evaluation… • If the parent of an enrolled child or child seeking to enroll refuses to provide consnet (or fails to respond to a request to provide consent), the school system may but is not required to pursue the initial evaluation through due process and/or mediation.

14. Eligibility • A child with a disability means a child having • Mental Retardation • Hearing Impairment • Speech/Language Impairment • Visual Impairment • Serious Emotional Disturbance • Orthopedic Impairment • Autism • Traumatic Brain Injury • Other Health Impairment • Specific Learning Disability • And needs special education and related services

15. Not eligible if there is • A lack of appropriate instruction in reading (including the essential components of reading) • Lack of appropriate instruction in Math • Limited English Proficiency • The child does not otherwise meet the criteria

16. Initial Provision… • Parental consent for the initial evaluation must not be construed as consent for the initial provision of special education or related services. • The parent is required to consent for both the initial evaluation and after the student is eligible, the parent must consent to the initial implementation of the IEP.

17. Least Restrictive Environment (LRE) • Use of special classes, separate schooling or other types of removal • Occur only when the nature or severity of a child’s disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

18. LRE Considerations… • The child with a disability should be educated in the school (s)he would attend if not disabled • Consideration given to any potential harmful effect on the child or on the quality of the services (s)he will receive • A child with a disabilty must not be removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum.