Individuals with Disabilities Education Improvement Act

2004

Congressional Intent

Strengthen responsibility of parents Coordinate with ESEA improvement efforts Improve academic achievement and functional

performance, including use of scientifically based instruction

Provide incentives for scientifically-based early reading programs, positive behavioral interventions and supports, and early intervening service

(ESEA = Elementary and Secondary Education Act)

Support development and use of technology to maximize accessibility

Provide a more equitable allocation of resources

Give parents and schools expanded opportunities to resolve their disagreements in positive and constructive ways

Provide relief from irrelevant and unnecessary paperwork burdens that do not lead to improved educational outcomes

Be responsive to the growing needs of an increasingly diverse society

Provide effective transition services to promote successful post-school employment or education

Major Tenets of IDEA 2004

Free and Appropriate Public Education Appropriate evaluation Related services given if needed Zero reject Least restrictive environment Parent and student participation Procedural due process

Definitions

Core Academic Subjects: Consistent with NCLB English, reading or language arts,

mathematics, science, foreign languages, civics and government, economics, arts, history, and geography

Assistive Technology Device Exception: The term does not include a

medical device that is surgically implanted or the replacement of such devices

Highly Qualified Special Education Teacher

Definition "Highly qualified" has the meaning given in ESEA; except that

the term also means, for public elementary and secondary special education teachers, that the teacher has at least a BA degree; and full State certification as a special education teacher with no

waivers on an emergency, temporary or provisional basis.

Exceptions to be deemed highly qualified for: special education teachers teaching to alternate

achievement standards; and special education teachers teaching 2 or more subjects

Special Education Teachers Teaching to Alternate Achievement Standards

Teachers new or not new to the profession may either: Meet applicable ESEA highly qualified requirements

(may use HOUSSE) OR

Meet highly qualified requirements at the elementary level (may use HOUSSE) or, if instruction above elementary level, must have subject matter knowledge "appropriate to the level of instruction being provided, as determined by the State"

Special Education Teachers Teaching Multiple Subjects 2 or more core academic subjects exclusively to

students with disabilities Meet applicable ESEA highly qualified requirements for a

teacher who is new or not new to the profession Not new: May use HOUSSE or multi-subject HOUSSE If new to the profession and highly qualified in one

subject (math, language arts or science): may use HOUSSE or multi-subject HOUSSE to show

competence in other subjects - within two years from the date of employment

Rule of Construction No private right of action (e.g., impartial

hearing or court) on behalf of an individual student for failure of LEA employee to be highly qualified

Related Services

Adds interpreting services Adds school nurse services designed to

enable a child to receive FAPE as described in IEP

Term does not include a medical device that is surgically implanted, or the replacement of such a device

Transition Services

designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities

Universal Design

Consistent with Assistive Technology Act of 1993

"a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly usable (without requiring assistive technologies) and products and services that are made usable."

Paperwork Reduction Pilot Program

Purpose - identify ways to reduce paperwork burdens and other administrative duties to increase time and resources available for instruction and other activities to improve student results15 states based on proposalsCan not waive requirements relating to civil rights or procedural safeguards

Authorization of Appropriations

Seven-year course to fully fund IDEA (appropriations authorized)

FY 2005 $12.3 Billion FY 2006 $14.6 Billion FY 2007 $16.9 Billion FY 2008 $19.2 Billion FY 2009 $21.5 Billion FY 2010 $23.8 Billion FY 2011 $26.1 Billion

Only $11.6 B Appropriated FY 05

State Level Activities

Required Monitoring, enforcement and complaint investigation Mediation

  New Authorized activities

Support and direct services (including technical assistance, personnel preparation, professional development and training)

Paperwork reduction activities (IEP technology) Positive behavioral supports and mental health

services Improve use of technology in the classroom Technical assistance to schools and direct services

(including supplemental educational services)

State Advisory Panel

Parents of children with disabilities ages birth through 26

  State and local education officials must

include officials who carry out McKinney-Vento Homeless Assistance Act

Adds: representative from State child welfare agency responsible for foster care

LEA Permissive Use of Funds

Flexibility in use of Part B funds Services that benefit nondisabled (same as

IDEA 97) Early intervening services (up to 15% - priority

on K-3) High cost students Administrative Case Management Technology Adjustment to local fiscal effort

If in compliance, LEA may use up to 50% of amounts in excess from prior fiscal year to carry out ESEA activities.

Early Intervening Services(Prereferral) May include interagency financing structures Activities: Professional development,

evaluations, services, supports, scientifically-based literacy instruction

Annual report to SEA required Numbers served Number served who subsequently receive

special education

Parental Placements in Nonpublic Schools District of location

Child find process Spend proportionate amount of federal funds Consultation process among parents, LEA and

private school representatives Provider of services

  Private school

60 day complaints and appeal to Secretary

Assessments

Accommodation Guidelines Requirements for Alternate Assessments

Aligned with State Standards Aligned with alternate academic achievement

standards 

Reporting requirements Use of Universal Design principles in

developing and administering assessments

Access to Instructional Materials

National Instructional Materials Accessibility Standard

National Instructional Materials Access Center

Parental Consent

Absence of consent for services - deobligates LEA from FAPE requirement

Consent for Wards of State Reasonable efforts to obtain consent from

parent Not required if cannot find parent; rights

terminated; rights to make educational decisions subrogated Consent given by individual appointed by the

judge

Evaluations

Screening by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation is not an evaluation for eligibility for special education

Reevaluation not more than once a year unless parent and LEA agree otherwise

Reevaluation at least every 3 years unless parent and LEA agree it is unnecessary

Timelines to Complete Evaluation

Must be completed within 60 calendar days of receiving parental consent (or timeline within 60 days as established by the state).

Exceptions Transfer students when evaluation began in

prior district. When parent repeatedly fails or refuses to

produce child for evaluation.

Evaluation procedures

Replaces "tests" with "assessments" In language and form most likely to yield accurate

information [repeals "native language or other mode of

communication"] 

Assessments for purpose for which assessments or measures are valid

[repeals "validated for the specific purpose for which they are used"] 

Children who transfer from 1 district to another in same academic year - assessments must be coordinated to ensure prompt completion

Eligibility Determinations

Not a student with a disability if the determinant factor is: lack of appropriate instruction in reading,

including in the essential components of reading instruction (as defined in §1208(3) of ESEA)

lack of instruction in math, or limited English proficiency