11

IDEA 2004IDEA 2004

Significant Changes in Special Significant Changes in Special Education Law Education Law

July 1, 2005July 1, 2005

22

The information in this presentation is based on The information in this presentation is based on federal and state law as of September 2005. The federal and state law as of September 2005. The information is subject to additional change until information is subject to additional change until final federal regulations are issued and decisions final federal regulations are issued and decisions

about state law are finalized. about state law are finalized.

33

IDEA 2004IDEA 2004

TopicsTopics EvaluationEvaluation IEP Content/ProcessesIEP Content/Processes DisciplineDiscipline Due Process Resolution ProceduresDue Process Resolution Procedures Private SchoolsPrivate Schools DPI’s Role of General SupervisionDPI’s Role of General Supervision OtherOther

44

Implementing IDEA 2004 Implementing IDEA 2004 Status UpdateStatus Update

IDEA Reauthorization, December 4, 2004IDEA Reauthorization, December 4, 2004 Effective July 1, 2005Effective July 1, 2005 Proposed IDEA Regulations, June 2005Proposed IDEA Regulations, June 2005• Final IDEA Regulations, December 2005?Final IDEA Regulations, December 2005?• State Law Revisions, ??? State Law Revisions, ???

55

Parental ConsentParental Consent

Refusal to grant consent for initial evaluation Refusal to grant consent for initial placement

614(a)(1)(D)

66

60 Day Timeframe for 60 Day Timeframe for Initial EvaluationsInitial Evaluations

ExceptionsExceptions Student transferStudent transfer

Refusal to make child availableRefusal to make child available

614(a)(1)(c)

77

Initial Evaluation Initial Evaluation

Used for students who move into the Used for students who move into the district and are in the process of an initial district and are in the process of an initial evaluation.evaluation.

614(a)(1)(C)

Notice of Agreement to Extend Time Limit for Transfer Student

New Form M-1-ANew Form M-1-A

88

NOTICE OF AGREEMENT TO EXTEND TIME LIMIT TO COMPLETE NOTICE OF AGREEMENT TO EXTEND TIME LIMIT TO COMPLETE INITIAL EVALUATION FOR TRANSFER STUDENT (M-1-A)INITIAL EVALUATION FOR TRANSFER STUDENT (M-1-A) __________________________________________________________SCHOOL DISTRICTSCHOOL DISTRICT [If you need this notice in a different language or communicated in a different way, or have[If you need this notice in a different language or communicated in a different way, or have questions about this notice, please contact ______________________ at _____________________]questions about this notice, please contact ______________________ at _____________________] Dear____________________________________________Dear____________________________________________ Date________________________Date________________________ Recently your family moved to our school district. Your last school district started an evaluation to determine whether your child Recently your family moved to our school district. Your last school district started an evaluation to determine whether your child

_____________________________ is a child with a disability. Our school district must complete the evaluation. _____________________________ is a child with a disability. Our school district must complete the evaluation. On _________________ we On _________________ we [[met or spoke on the phone or exchanged emailsmet or spoke on the phone or exchanged emails]] and agreed that this evaluation will be completed by and agreed that this evaluation will be completed by

_________________. The reason(s) for this action are:_________________. The reason(s) for this action are: (date)(date) Other options, if any, related to the above action which were considered and the reason(s) they were rejected including a description of Other options, if any, related to the above action which were considered and the reason(s) they were rejected including a description of

any other relevant factors include:any other relevant factors include: □□ NoneNone The district is required to include the following statements as part of this notice.The district is required to include the following statements as part of this notice. If at any point during an IEP team meeting to determine your child’s eligibility for special education, develop an IEP, or determine a If at any point during an IEP team meeting to determine your child’s eligibility for special education, develop an IEP, or determine a

placement, you, or other IEP team participants, believe that additional time is needed to permit your meaningful involvement, additional placement, you, or other IEP team participants, believe that additional time is needed to permit your meaningful involvement, additional time will be provided. This IEP team process may be concluded in one meeting or may require more than one meeting, depending on time will be provided. This IEP team process may be concluded in one meeting or may require more than one meeting, depending on individual circumstances.individual circumstances.

At the beginning of any meeting to address the evaluation, IEP, or placement of your child, the school district must discuss with you At the beginning of any meeting to address the evaluation, IEP, or placement of your child, the school district must discuss with you your right to have additional time, as described above, and your right to have a copy of the IEP team’s evaluation report prior to your right to have additional time, as described above, and your right to have a copy of the IEP team’s evaluation report prior to developing an IEP and placement. Upon request, you and the other IEP team participants may receive a copy of the team’s evaluation developing an IEP and placement. Upon request, you and the other IEP team participants may receive a copy of the team’s evaluation report prior to continuing with the development of your child’s IEP and placement.report prior to continuing with the development of your child’s IEP and placement.

You and your child have protection under the procedural safeguards (rights) of special education law.You and your child have protection under the procedural safeguards (rights) of special education law. □□ You received a copy of your procedural safeguard rights in a brochure about parent and child rights earlier this year. If You received a copy of your procedural safeguard rights in a brochure about parent and child rights earlier this year. If

you would like another copy of this brochure, please contact the district at the telephone number above.you would like another copy of this brochure, please contact the district at the telephone number above. □□ A copy of the parent and child rights brochure is enclosed with this notice.A copy of the parent and child rights brochure is enclosed with this notice. In addition to district staff, you may also contact ________________________ at ______________________ if you have questions In addition to district staff, you may also contact ________________________ at ______________________ if you have questions

about your rights.about your rights. Sincerely,Sincerely, ________________________________________________________________________________________________ Name and Title of District Contact PersonName and Title of District Contact Person (New 7-1-05)(New 7-1-05)

99

Frequency of EvaluationsFrequency of Evaluations

• One per yearOne per year

• Three year reevaluationsThree year reevaluations

614 (a)(2)(B)

1010

Frequency of ReevaluationsFrequency of Reevaluations

New Form A-6-ANotice of Agreement To Conduct A

Reevaluation More Than Once A Year

&New Form A-6-B

Notice of Agreement That A Three Year Reevaluation Not Needed

614(a)(2)(B)

1111

Screening Students to Determine Screening Students to Determine Appropriate Instructional Strategies is Appropriate Instructional Strategies is

not Considered Evaluationnot Considered Evaluation

614(a)(1)(E)

1212

Specific Learning Disabilities Specific Learning Disabilities (SLD)(SLD)

• Discrepancy between achievement and intellectual Discrepancy between achievement and intellectual abilityability

• Response to scientific, research-based interventionResponse to scientific, research-based intervention

614(b)(6)

1313

Response to Intervention (RTI)Response to Intervention (RTI)

RTI requires data that demonstrates:RTI requires data that demonstrates:•Researched based interventionsResearched based interventions•Highly qualified teachers Highly qualified teachers •Implementation in regular education settings Implementation in regular education settings •Implementation for an appropriate period of timeImplementation for an appropriate period of time•Repeated assessments of achievement at reasonable intervalsRepeated assessments of achievement at reasonable intervals

1414

Present Levels PerformancePresent Levels Performance

Academic achievement

Functional performance

614(d)(1)(A)(i)(I) 

1515

Participation in Statewide and Participation in Statewide and Districtwide Assessments Districtwide Assessments

Updated to include statewide and district Updated to include statewide and district wide testing.wide testing.

Continue to use WAA checklist.Continue to use WAA checklist. LEA must decide what assessments qualify LEA must decide what assessments qualify

as “district wide assessments.”as “district wide assessments.”

IEP for ____________ I-9-ARevised Form

612(a)(16), 614(d)(1)(A)(i)(VI)(bb)

1616

Benchmarks and Short Term Benchmarks and Short Term ObjectivesObjectives

Benchmarks or short-term objectives are still required under Wisconsin Law, Chapter 115, for all students with disabilities.

614(d)(A)(i)(II)

1717

Progress ReportsProgress Reports

The annual goal page has been revised to include a The annual goal page has been revised to include a prompt of prompt of WHENWHEN parents will be informed of the parents will be informed of the student’s progress.student’s progress.

IEP Annual Goal I-12 Revised Form

614(d)(1)(A)(i)(III)

1818

Peer-Reviewed ResearchPeer-Reviewed Research

IDEA 2004 requires that special education, related services, and supplementary aids and services must be based on “peer-reviewed research to the extent

practicable.”

614(d)(1)(A)(i)(IV)

1919

TransitionTransition

No later than 14 years of age, and annually up-No later than 14 years of age, and annually up-dated, transition services addressing course of dated, transition services addressing course of study, per Chapter 115, WIS STATS.study, per Chapter 115, WIS STATS.

IEP - Transition I-9 Revised Form

614(d)(1)(A)(i)(VIII)

2020

TransitionTransition

Change from outcome process to results-oriented process.Change from outcome process to results-oriented process. Focus on improving academic and functional achievement.Focus on improving academic and functional achievement. Measurable post secondary goals based upon age appropriate Measurable post secondary goals based upon age appropriate

transition assessments for training, education, employment, and transition assessments for training, education, employment, and independent living skills.independent living skills.

Continue to identify transition services provided and courses Continue to identify transition services provided and courses students take to reach goals.students take to reach goals.

Summary of Transition Services I-13 Revised Form

614(d)(1)(A)(i)(VIII)

2121

Transfer StudentsTransfer Students

IDEA 2004 requires the LEA to treat in-state and out IDEA 2004 requires the LEA to treat in-state and out of-state transfers the same and provide FAPE upon of-state transfers the same and provide FAPE upon enrollment.enrollment.

Need to promptly obtain the child’s records from Need to promptly obtain the child’s records from previous school.previous school.

614(d)(2)(C)(i)(II)

2222

IEP Team Transition from IEP Team Transition from Birth-to-ThreeBirth-to-Three

At the request of the parent an invitation to the initial IEP meeting will be sent to the Birth-to-Three service coordinator or other representatives of the Birth-to-Three system to assist with the smooth transition of services.

614(d)(1)(D)

2323

IEP Team AttendanceIEP Team Attendance

Participant’s area of curriculum or related services not Participant’s area of curriculum or related services not being discussedbeing discussed

Participant’s area of curriculum or related services will Participant’s area of curriculum or related services will be discussed but submits written inputbe discussed but submits written input

Requires prior written consent from parentsRequires prior written consent from parents

Agreement That IEP Team Participant Not Required to Attend IEP Meeting

614(d)(1)(C)

2424

Agreement Not to Convene an Agreement Not to Convene an IEP Team MeetingIEP Team Meeting

to Make Changes to IEP to Make Changes to IEP

Notice of Changes To IEP Without An IEP Meeting

New Form I-14-A&

Changes to IEPNew Form I-14-B

614(d)(3)(D) and (F)

2525

Upon graduation or exceeding the age of eligibility LEA Upon graduation or exceeding the age of eligibility LEA is required to provide the following:is required to provide the following:

• Summary of academic achievementSummary of academic achievement

• Summary of functional performanceSummary of functional performance

• Recommendations to assist student in meeting Recommendations to assist student in meeting postsecondary goalspostsecondary goals

Evaluations before Change in Eligibility & Summary of

Performance

614(c)(5)(B)(i)

2626

Notice of GraduationRevised Form M-4

&Notice of Ending of

Services Due to Age New Form M-5

614(c)(5)(B)(i)

2727

Procedural Safeguards NoticeProcedural Safeguards Notice

State law requires procedural safeguards on initial referral, for each IEP team meeting, upon reevaluation, and on request for due process.

IDEA 2004 requires procedural safeguards one time a year, upon initial referral or parent request for evaluation, the first filing of a due process complaint, and when a parent requests a copy.

Until further clarification, LEAs must continue to follow state law requirements in providing procedural safeguards notice.615(d)(1)(A)

2828

Notices by Electronic MailNotices by Electronic Mail

Parents may choose to receive required notices by electronic mail if available from LEA.

The department has requested final regulation guidance for implementing this provision.

615(n)

2929

Due Process Resolution SessionDue Process Resolution Session

LEA must convene resolution session within 15 LEA must convene resolution session within 15 days of receiving notice of request for due process days of receiving notice of request for due process hearinghearing

Resolution session not required if both parties waive Resolution session not required if both parties waive or agree to use mediationor agree to use mediation

615(f)(1)(B), 615(b)(6)-(7), 615(c)(2), 615(f)(1)(B), 615(f)(3), 615(i)(2)(B); and 615(i)(3)(B).

3030

Alternative Educational Setting-Alternative Educational Setting-Serious Bodily Injury and Serious Bodily Injury and

Length of RemovalLength of Removal

School personnel may remove a student to an interim alternative educational setting for up to 45 school days (not calendar days), whether or not the conduct is a manifestation, under three circumstances:

1. Drugs2. Weapons3. Inflicting serious bodily injury (at school, on school

premises, or at a school function)

615(k)(1)(G), 615(k)(1)(G)

3131

Manifestation DeterminationManifestation Determination

Factors to Consider:Factors to Consider:• Was behavior caused by student’s disability?Was behavior caused by student’s disability?• Was behavior directly and substantially related Was behavior directly and substantially related

to student’s disability?to student’s disability?• Was behavior the direct result of the school not Was behavior the direct result of the school not

implementing the IEP?implementing the IEP?

Manifestation Determination Review I-18 Revised Form

615(k)(1)(E).

3232

Protection for Children Not Yet Protection for Children Not Yet Eligible-Deemed to KnowEligible-Deemed to Know

Under IDEA 2004, an LEA does not have knowledge a child is a child with a disability if the parent of the child has not allowed the child to be evaluated for special education, refused services, or the child has been evaluated and determined not to be eligible.

The DPI has requested that OSEP, clarify through regulation, whether these exceptions apply without a time limit.

615(k)(5)(B)

3333

Placement During Appeals-Placement During Appeals-Expedited HearingExpedited Hearing

Disciplinary changes of placement are allowed when the conduct is not a manifestation of the child’s disability.

If a parent appeals a manifestation determination, the hearing must occur within 20 school days.

Decision due within 10 school days of the hearing. Pending completion of the due process hearing, the child

remains in the setting selected by the LEA. (IDEA 2004 eliminates the stay-put provision when a parent appeals a manifestation determination).

615(k)(4)(B)

3434

Parentally Placed ChildrenParentally Placed Childrenin Private Schoolsin Private Schools

Changes relating to child find, annual child count, Changes relating to child find, annual child count, consultation and provision of services.consultation and provision of services.

Students with disabilities who attend private schools will Students with disabilities who attend private schools will

be served by the district that the private school is in, be served by the district that the private school is in, even if the child is a resident of a different district.even if the child is a resident of a different district.

612(a)(10)

3535

Highly Qualified Special Highly Qualified Special Education TeacherEducation Teacher

All licensed teachers in Wisconsin, including special All licensed teachers in Wisconsin, including special education teachers, are highly qualified under both education teachers, are highly qualified under both NCLB and IDEA. NCLB and IDEA.

New special education teachers are required to New special education teachers are required to demonstrate competence through a content test in core demonstrate competence through a content test in core subject areas under PI 34 and will qualify through subject areas under PI 34 and will qualify through successfully completing the test requirement.successfully completing the test requirement.

602(10)

3636

Services for Children who Services for Children who are Homelessare Homeless

IDEA 2004 clarifies that homeless children clarifies that homeless children are eligible for services.are eligible for services.

612(a)(3)(A), 612(a)(11)(A)(iii), 615(b)(2)(A)(ii), and 615(b)(7)(A)(ii)(II).

3737

Assignment of a Assignment of a Surrogate ParentSurrogate Parent

IDEA 2004 has added a new timeframe for the assignment IDEA 2004 has added a new timeframe for the assignment of a surrogate parent. It requires an assignment of a of a surrogate parent. It requires an assignment of a surrogate not more than 30 days after an LEA determines surrogate not more than 30 days after an LEA determines that one is necessary.that one is necessary.

615(b)(2)(B)

3838

Assistive Technology DeviceAssistive Technology Device

The definition of “Assistive Technology Device” The definition of “Assistive Technology Device” expressly excludes a medical device that is expressly excludes a medical device that is surgically implanted, or the replacement of that surgically implanted, or the replacement of that device.device.

602(1)(B)602(1)(B)

3939

MedicationMedication

Prohibits requiring a child to obtain a prescription as a condition of :

-attending school

-receiving an evaluation, or

-receiving special education services.

612(a)(25)(A)

4040

Universal DesignUniversal Design

Universal design involves designing and delivering products and services that are usable by people with the widest possible range of functional capabilities:

602(35), 611(e)(2)(C)(v), 612(a)(16)(E), and 612(23)(C)(ii)

4141

Purchase of Instructional Purchase of Instructional MaterialsMaterials (blind/other print disabilities)(blind/other print disabilities)

A State Education Agency must coordinate with the National Instructional Materials Access Center or provide an assurance that the agency will provide instructional materials to people who are blind or other persons with print disabilities in a timely manner. LEA is under a similar obligation.

The department will provide more information on this requirement as it becomes available.

613(a)(6), 612(a)(23)

4242

Early Intervening ServicesEarly Intervening Services

15% of the current flow-through allocation.15% of the current flow-through allocation. Activities:Activities:

Professional developmentProfessional developmentEducational & behavioral evaluationsEducational & behavioral evaluationsResearch-based interventionResearch-based intervention

Requires mandatory data collection and reporting to Requires mandatory data collection and reporting to the state and federal agencies.the state and federal agencies.

613 (f)

4343

Disproportionality/Early Disproportionality/Early Intervening ServicesIntervening Services

SEAs are required to determine if significant SEAs are required to determine if significant disproportionality based on race and ethnicity is disproportionality based on race and ethnicity is occurring on both state and local levels.occurring on both state and local levels.

If a district is determined to have significant If a district is determined to have significant disproportionality, then the district mustdisproportionality, then the district must reserve the 15% to provide comprehensive reserve the 15% to provide comprehensive

coordinated early intervening services.coordinated early intervening services.618(a)(2)

4444

Focused MonitoringFocused MonitoringPrimary FocusPrimary Focus

Improving educational results and functional outcomes for all children with disabilities.

Ensuring the requirements of IDEA are met, especially those most closely related to improving educational results.

616(a)(2)

4545

Focused MonitoringFocused MonitoringPriority AreasPriority Areas

FAPE in the LRE

General supervisory authority

Disproportionate representation of racial and ethnic groups in special education

616(a)(3)

4646

20 Indicators20 Indicators(*New Indicators)(*New Indicators)

1. Graduation 11. Eligibility determination within 60 days of consent to evaluate*

2. Dropout 12. Children with IEPs by 3rd birthday

3. WKCE participation & performance or WAA

13. Youth age 16+ with transition goals and services*

4. Suspension & expulsion 14. Postsecondary outcomes*

5. Environment, Ages6-21 15. General Supervision – monitoring, complaints, hearings

6. Environment, Preschool 16. 60-day timeline for complaint decisions

7. Preschool outcomes* 17. 45-day timeline for due process hearing decisions

8. Parent involvement* 18. Resolution sessions*

9. Disproportionate representation in special education*

19. Mediation agreements

10. Disproportionate representation in disability categories*

20. Timely & accurate reporting of data

4747

State Performance PlanState Performance Plan(SPP)(SPP)

Evaluate the State’s efforts to implement the requirements and purposes of IDEA

Describe how the State will improve such implementation 6-Year Plan 20 indicators related to the 3 priorities Annual Performance Report

616(b)

4848

Stakeholder GroupStakeholder Group

As noted in the conference report to HR 1350, it is Congress’ expectation that SPPs, indicators, and targets will be developed with broad stakeholder input and public dissemination. SPP Indicators – goals and targets Continuous Improvement & Focused Monitoring

System State law

616(b)

4949

State LawState Law

IDEA 2004 requires states to:

Identify in writing any State-imposed requirement that is not required by IDEA.

Minimize the number of state special education rules, regulations and policies which LEAs are required to follow.

608(a)

5050

EnforcementEnforcement

Needs assistance

Needs intervention

Needs substantial intervention

616(e)

5151

The Focus of MonitoringThe Focus of Monitoring

Improving educational results

Improving functional outcomes

Ensuring States and LEAs meet the requirements of IDEA

616(a)

5252

ResourcesResources

• Significant Changes in Special Education Law – Interim GuidanceSignificant Changes in Special Education Law – Interim Guidance

• Supplemental Forms – Interim GuidanceSupplemental Forms – Interim Guidance

• Parentally-placed Private School StudentsParentally-placed Private School Students

• Early Intervening ServicesEarly Intervening Services

• OthersOthers

http://dpi.wi.gov/sped/index.htmlhttp://dpi.wi.gov/sped/index.html