IDEIA 2004 1

Individuals with Disabilities Education Improvement Act of 2004

IDEIA 2004 2

IDEIA 2004 – Five Parts

A. General ProvisionsB. Assistance for Education of All

Children with DisabilitiesC. Infants and Toddlers with

DisabilitiesD. 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)

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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.

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Section 1401 - Definitions

Six new definitions added: Core academics subjects Highly qualified teachers Homeless children Limited English proficient Universal design Ward of the state

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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.

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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.

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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.

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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.

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Part B – Assistance …

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

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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.

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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

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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.

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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…”

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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.

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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.

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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

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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.”

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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.

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Changes to IEP

Content of IEPIEP team membersIEP meeting attendanceConsolidated meetingsReview and revision of IEPsAlternative means of participating in meetings

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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.

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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…”

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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).

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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.”

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Content (cont.)

Accommodations and Alternative Assessment New language about “individual

appropriate accommodations” on state and district testing and new requirements for alternative assessments.

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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).

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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.

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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.

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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.”