IDEA 2004

What the Changes Mean

for Our Children

Sue Abderholden, MPH

NAMI Minnesota

IDEA 2004

Signed in to law Dec. 3, 2004

The provisions of the act became effective on July 1, 2005

The final regulations were published on Aug. 14, 2006

The regulations took effect on

October 13, 2006

IDEA 2004

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;

Child with a Disability•mental retardation, •a hearing impairment (including deafness), a speech or language impairment, •a visual impairment (including blindness), •a serious emotional disturbance (referred to in this part as ``emotional disturbance''), •an orthopedic impairment, •autism, •traumatic brain injury, •an other health impairment, •a specific learning disability, •deaf-blindness, •or multiple disabilities, and who, by reason thereof, needs special education and related services. Does not have to fail or been retained in a course, and can be advancing from grade to grade. •

Emotional Disturbancea condition exhibiting one or more of the following characteristics over a long period of

time and to a marked degree that adversely affects a child's educational performance:

(A) An inability to learn that cannot be explained by intellectual, sensory, or health factors.

(B) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.

(C) Inappropriate types of behavior or feelings under normal circumstances.

(D) A general pervasive mood of unhappiness or depression.

(E) A tendency to develop physical symptoms or fears associated with personal or school problems.

Emotional disturbance includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance under paragraph (c)(4)(i) of this section.

Other Health Impairmentmeans having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that–

(i) Is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome; and

(ii) Adversely affects a child's educational performance.

Other Health ImpairmentThe list of acute or chronic health conditions in the definition of other health impairment is not exhaustive, but rather provides examples of

problems that children have that could make them eligible for special education and related services

under the category of other health impairment. We decline to include dysphagia, FAS, bipolar

disorders, and other organic neurological disorders in the definition of other health

impairment because these conditions are commonly understood to be health

impairments.

Specific Learning Disability

• A State must adopt, criteria for determining whether a child has a specific learning disability

• Must not require the use of a severe discrepancy between intellectual ability and achievement for determining whether a child has a specific learning disability,

• Must permit the use of a process based on the child’s response to scientific, research-based intervention; and

• May permit the use of other alternative research-based procedures for determining whether a child has a specific learning disability,

Early Intervening Services• Assist children who have not yet been

identified as eligible for special education and related services but who need academic and behavioral support

• Emphasis on K-3

• Does not limit right to FAPE

• Can’t be used to delay evaluation

Early Intervening Services• Districts can use up to 15% of their funds

• Can use funds to improve staff capacity to deliver scientifically based academic and behavioral interventions.

• Providing educational and behavioral evaluations, services, and supports, including scientifically based literacy instruction

Response to InterventionSort out if child has a disability or if it is due to inadequacies in instruction or in the curriculum.

Cannot delay evaluation.Core concepts of an RTI approach are the

systematic (1) Application of scientific, research-based

interventions in general education; (2) Measurement of a child's response to these

interventions; and (3) Use of the RTI data to inform instruction.

Scientifically Based Research

Means research that involves the

application of rigorous, systematic, and

objective procedures to obtain reliable and

valid knowledge relevant to education

activities and programs

Evaluation

• Can be requested by parent or school district

• School must take reasonable efforts to obtain informed consent

• Must be conducted within 60 days

Reevaluation• No more than once a year unless parent

and school agree (not formal consent)

• Once every three years unless parent and school agree

• Written notice if school disagrees, due process kicks in

ReevaluationIDEA now permits the public agency to

not conduct a reevaluation before terminating a student’s eligibility under IDEA when:

• the student graduates from secondary school with a regular diploma, or

• when the student exceeds the age eligibility for FAPE under State law.

• Diploma does NOT include GED

IEP• Identify the members of the IEP Team

• Identify instances when an IEP Team member may not need to attend – parent and school must agree

IEP

• Require that the notice inform parents of other IEP Team participants

• Require that the IEP be accessible to teachers and others responsible for its implementation

IEP• changes to a child’s IEP midyear can be mdae

without calling a meeting• the parent of a child with a disability and the

public agency must agree • may develop a written document to amend or

modify the child’s current IEP. • must ensure that the child’s IEP Team is

informed of those changes• Parent must request a revised copy of the IEP

IEP

each regular teacher, special education teacher, related services provider, and any other service provider who is responsible for the implementation of a child's IEP, is informed of his or her specific responsibilities related to implementing the child's IEP and the specific accommodations, modifications, and supports that must be provided for the child in accordance with the child's IEP.

Supplementary Aids and Services

The definition of supplementary aids and services in has been modified to specify that aids, services, and other supports

are also provided to enable children with disabilities to participate in

extracurricular and nonacademic settings.

Discipline

• Schools can consider unique circumstances on a case by case basis

• Expands 45 day or less removal to include when the student has inflicted serious bodily injury upon another person (defined under federal law)

• 45 school days not calendar days

Manifestation Determination

• caused by or had a direct and substantial relationship to

• failure to implement IEP

• no longer includes that the IEP was inappropriate

Age of Majority

State must establish procedures for appointing the parent of a child with a disability, or if the parent is not available,

another appropriate individual, to represent the educational interests of the child if, under State law, a child who has reached the age of majority, but has not

been determined to be incompetent, can be determined not to have the ability to provide informed consent with

respect to the child's educational program

DisproportionalityThe State must have policies and procedures designed to prevent the inappropriate over-identification or disproportionate representation by race and ethnicity of children as

• children with disabilities, including children with disabilities with a particular impairment

• placement in particular educational settings of these children;

• incidence, duration, and type of disciplinary actions, including suspensions and expulsions (includes comparison to nondisabled children)

MedicationsCannot require parents to obtain a prescription for medication for a child as a condition of attending school, receiving an evaluation to determine if a child is eligible for special education services, or receiving special education and related services.

Permits classroom personnel to speak with parents or guardians regarding a child's academic and functional performance, behavior in the classroom or school, or the need for an evaluation to determine the need for special education or related services.

Residential placement

If placement in a public or private residential program is necessary to provide special education and related services to a child with a disability, the program, including non-medical care and room and board, must be at no cost to the parents of the child.

Outcome Data• Suspensions and expulsions• Removal from regular classroom• Graduation rates• Drop out rates• Participation and performance on statewide

assessments• Parent involvement• Transition• Due process

Outcome Data

Fourth-fifths of the states are falling short of federal requirements for educating students with disabilities, the Education Department says. The states got their first-ever federal report cards this week judging them on how well they are implementing the nation's main special education law. The state-by-state results were posted on the Education Department's Web site Wednesday.

Outcome DataStates were required to provide information on: (1) specific new indicators; and (2) correction of any deficiencies identified in the Office of Special Education Programs’ (OSEP’s) SPP response letter sent to your State last year. States were also required to submit by February 1, 2007, an APR for Federal fiscal year (FFY) 2005 that describes the State’s: (1) progress or slippage in meeting the measurable and rigorous targets established in the SPP; and (2) any revisions to the State’s targets, improvement activities, timelines or resources in the SPP and justifications for the revisions. .. As you know, your State must report annually to the public on the performance of each local educational agency (LEA) located in the State on the targets in the SPP under IDEA section 616(b)(2)(C)(ii)(l).

http://www.ed.gov/fund/data/report/idea/partbspap/index.html

Resources

• Parent, Training and Information Centers

• IDEA Partnership

• http://www.nichcy.org/training/contents

• http://idea.ed.gov

• http://www.nasponline.org/advocacy/IDEAinformation.aspx