Individuals with Disabilities Education Improvement Act of 2004

1. Individuals with Disabilities Education Improvement Act of 2004 Baldwin County Public Schools Division of Instructional Support Special Services

2. Table of Contents IDEA 1997 – Components History of IDEA 2004 Themes – IDEA 2004 Identification and Evaluation Evaluation Contents Eligibility IEP Team IEP Contents Discipline Manifestation Determination Definition of Serious Bodily Injury Procedural Safeguards Due Process Personnel Private Schools Efforts in Baldwin County

3. IDEA 1997 - Four Major Components • Strengthen parental participation in special education process • Accountability for student progress • Remediation and rehabilitation of behavior problems • Preparation of students with disabilities for employment and independent living

4. The Process House Senate Improving Educational Results for Students with Disabilities Act The IDEA Improvement Act Introduced in Senate June, 2003 Introduced in House March, 2003 Passed House April, 2003 Passed Senate May, 2004 Conference Committee December 3, 2004 Sent to President

5. Individuals with Disabilities Education Improvement Act of 2004 History • Accountability, accountability, accountability!!!! • House passed its reauthorization bill in April 2003 • Senate passed its reauthorization bill in May 2004 • Conference Committee appointed in October 2004 • Conference Committee bill approved in November 2004 • President signed bill into law on December 3, 2004 • IDEA changes, unless specified, take effect on July 1, 2005

6. IDEA Improvement Act of 2004 Main Themes • Align IDEA with NCLB • Balance discipline provisions • Reduce paperwork burden • Improve early intervention strategies • Reduce over-identification and misidentification • Emphasis on transition - begins at 16

7. Evaluation complete 60 days from referral Screenings are considered evaluations; need permission Evaluation contents – emphasis on standardized tests Reevaluation is required every 3 years Dismissal without reevaluation Evaluation complete 60 days from consent Screenings are not evaluations; no permission needed Evaluation contents includes varied data sources *Parent and LEA may agree that 3-year reeval is not necessary Dismissal requires reevaluation Identification and Evaluation IDEA 1997 IDEA 2004 IEP Team

8. Evaluation Contents • Relevant functional and developmental information • Information from parents • Information related to enabling access in and progress in the general curriculum • Technically sound instruments that assess cognitive and behavioral factors in addition to physical and developmental factors • Review of existing data • Current classroom-based assessments and observations • Teacher and related service providers’ observations Return to Identification and Evaluation

9. Eligibility IDEA 2004 IDEA 1997 • LEA uses severe discrepancy as part of the Specific Learning Disabilities definition • Traditional assessment tools were accepted for identification and reevaluation • LEA may opt to use either: • Severe discrepancy model • Response to scientific research based intervention (RTI) model • Procedures and policies must be established to prevent inappropriate over-identification or disproportionate representation by race or ethnicity

10. IEP Team IDEA 2004 IDEA 1997 • Members outlined: • Parents • At least one general education teacher • Special education teacher • LEA representative • Individual who can interpret evaluation results • Individuals who have special expertise regarding the child • Child, if appropriate • Other agency representative • Private school representative • IEP Team member may be excused from attending if parents and LEA agree • Agreement must be in writing • Alternate means such as video conference or conference call if parents and LEA agree

11. IEP Contents IDEA 2004 IDEA 1997 • Profile, Goals and Benchmarks, Related Services, Program Modifications, Supplementary Aids and Services, Participation in state assessments, transition, progress, ESY • IEP will include short term objectives only for students who will be assessed using alternate assessments • Transition by 16 (not 14) • Exit IEP – summary of academic achievement and functional performance with recommendations • Amendments without IEP meeting (not in Alabama) • Transfer students – provide comparable services until new evaluation • Assistive Technology does not include device that has been surgically implanted • Can not prevent child from coming to school if has no medication

12. Discipline IDEA 2004 IDEA 1997 • IAES (45 calendar days) • Carries a weapon • Possesses or used illegal drugs • Sale or solicitation of controlled substance • IAES (45 school days) • Demonstrated evidence that current placement results in injury to student or others • Current placement is appropriate • Reasonable effort to minimize risk of harm in current placement Manifestation Determination

13. Serious Bodily Injury • …requires a showing of substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of function of a bodily member, organ or mental faculty. Return to Discipline

14. No knowledge if… • Parent has not allowed evaluation • Parent refuses Part B services • Child evaluated and determined ineligible Return to Discipline

15. Manifestation Determination IDEA 2004 IDEA 1997 • Standards • IEP and placement appropriate • Disability did not impair child to understand the impact and consequences of behavior • IEP services and BIP were implemented • Disability did not impair student’s ability to control behavior • Was the behavior caused by, had a direct or substantial relationship to the disability or was it the direct result of the failure to implement the IEP? Manifestation Determination and other forms may be located on Baldwin County Public Schools website - www.bcbe.org.

16. Disciplinary Steps

17. Procedural Safeguards IDEA 2004 IDEA 1997 • Procedural safeguards given at all meetings even if parent declines. • Procedural safeguards given: • Once a year • Upon request • Due Process • Change in Placement

18. Due Process IDEA 2004 IDEA 1997 • Mediation process was optional • No timeline enforced • No effort to solve issue prior to hearing • No criteria for complaints • Court has discretionary authority to award reasonable fees to parents who prevail • Mediation process mandatory • Due Process must be initiated within two years • Resolution meeting prerequisite to hearing (LEA schedules within 15 days) • Due process complaint must specify the issue and the relief sought • SEA/LEA may seek attorney’s fees against the parent’s attorney if action is deemed frivolous, unreasonable, without foundation or prolonged the litigation

19. Private Schools • LEA shall provide the SEA: • Number of children evaluated in private schools • Number of children found eligible • Number of children served • LEA shall consult with private school representatives regarding child find procedures. • LEA shall get written affirmation of participation

20. Personnel IDEA 2004 IDEA 1997 • Special Education Degree adequate to teach all core subjects • Must meet criteria outlined in NCLB; must be certified in core subject • Teacher Teaching Multiple Core Academic Subjects must meet standards through certification, Praxis, or HOUSSE • Teacher Teaching to Alternate Achievement Standards must meet NCLB/IDEA requirements as applied to an elementary teacher in Alabama Model • Consultative Role = HQT

21. Related Service providers met standards for certification in field No “highly qualified” language for related services providers, but: Must meet state standards Excludes emergency or temporary waiver of certification Personnel Standards

22. Efforts in Baldwin County • Classrooms for Excellence Workshop – Year Two • Employed HQT only 03-04 year • SETSWeb (pilot and full implementation) • Encouraging standards-based IEPs although not required • Parent Liaison Program