Individuals with Disabilities Education Improvement Act (IDEA 2004) For Families and Advocates...

Individuals with Disabilities Education Improvement Act (IDEA 2004)

For Families and Advocates

Individuals with Disabilities Education Improvement Act (IDEA 2004)

For Families and Advocates

Materials developed at PACER Center by:

Dixie Jordan

PACER Executive Director: Paula F. GoldbergAlliance Co-directors: Sharman Barrett

Sue FolgerPACER Center, Inc.8161 Normandale Blvd., Minneapolis, MN 55437

Ph: (952) 838-9000; E-mail: [email protected] ; Web sites: www.pacer.org; www.taalliance.org

©PACER Center, January 2006

Materials developed at PACER Center by:

Dixie Jordan

PACER Executive Director: Paula F. GoldbergAlliance Co-directors: Sharman Barrett

Sue FolgerPACER Center, Inc.8161 Normandale Blvd., Minneapolis, MN 55437

Ph: (952) 838-9000; E-mail: [email protected] ; Web sites: www.pacer.org; www.taalliance.org

©PACER Center, January 2006

©PACER Center, Inc., 2005

DEFINITIONSDEFINITIONS


3

All children with disabilities

SEC. 612 (a)(3)

Are identified, located and evaluated, including children who are: Homeless Wards of the state Attending private school

A child is NOT required to be classified by their disability in order to receive special education and related services


4

No later than child’s 3rd birthdaySpecial education & related services:Public expense and supervision

No cost to parents

Meets the standards of the SEA

Include preschool, elementary, or secondary education

Provided in conformity with the IEP

SEC. 602 (9)


FAPE applies to suspended or expelled children

Ages 3 through 21

Children with disabilities who have graduated

with a regular high school diplomaNOTE: A regular diploma is one aligned with the

state’s academic content standards, not a

certificate or a GEDChildren who are eligible for special education

but receive early intervention services under Part C of IDEA

SEC. 612 (a)(1)(B)


6

Natural, adoptive, or foster parent (if State law permits foster parent to act as parent)Guardian (but not the State)

Person acting in the place of a parent, such as a grandparent, stepparent or relative, or person legally responsible for child’s welfare

Person appointed by judge

Surrogate parent

SEC. 602 (23)


If more than one person is qualified, the natural parent makes decisions, unless he/she does not have legal authority

7

Represents a child in planning when: No parent can be identified or located

Child is a ward of the stateChild is unaccompanied & homeless

For a ward of the state—

The surrogate parent may be appointed by the judge

overseeing the child’s case (consistent with State law)

SEC. 615 (b)(2)


…specially designed instruction at no

cost to parents, to meet the unique needs of a child with a disability, including -

Instruction in the classroom, home,

hospital or institution, and in other settings

Instruction in physical education

SEC. 602 (29)


“transportation and such developmental, corrective, and

other supportive services as are required to assist a

child with a disability to benefit from special education.”

The term includes: speech-language pathology and audiology

interpreting services psychological services physical and occupational therapy recreation, including therapeutic recreation

social work services school nurse services counseling including rehabilitation counseling

orientation and mobility services medical services for diagnostic or evaluation purposes

SEC. 602 (26)


EVALUATIONEVALUATION


Cat

Dixie

Testing in Progress

Initial Evaluations

To determine:

if child has a disability

and needs special education and related services

educational needs

Initial Evaluations

To determine:

if child has a disability

and needs special education and related services

educational needs60 days of

parent consent orwithin Statetimeline

60 days of parent

consent orwithin Statetimeline

Parent may make written request for evaluation

Parent must give informed consent

for initial evaluation

Parent must give informed consent for initial services

SEC. 614 (a)(1)


Cat

Dixie

Testing in Progress

Initial EvaluationsConsent for State

ward:Try to obtain parent consent, unless:

Cannot locate

Rights terminated

Parents lost right to give permission, and judge appoints a person to represent the child (if in State law)

Initial EvaluationsConsent for State

ward:Try to obtain parent consent, unless:

Cannot locate

Rights terminated

Parents lost right to give permission, and judge appoints a person to represent the child (if in State law)

SEC. 614 (a)(1)

Screening to determine

instructionalstrategies is not an evaluation for special education


Dog

Dixie

Testing in Progress

Reevaluation

When conditions warrant

When parent requests

SEC. 614 (a)(1)


Not more often than once per year unless school and parent agree otherwise

At least once every 3 years, unless parent and school agree it is not needed

Assessments and evaluation materials are—

Non-discriminatory on racial or cultural bases

In the language and form most likely to yield accurate information on what a child knows

Used for the purposes intended

Given by trained and knowledgeable staff

Given in accordance with test instructions

SEC. 614 (b)


In all areas of suspected disability

Gathers information to determine educational needs

SEC. 614 (b)

A

B

EVALUATIO

N


When children transfer districts in a

school year, assessments are coordinated between schools to ensure prompt completion of evaluations

60 day timeline does not apply

A team of qualified professionals and the parent determine the need for special education and related services

ELIGIBILITY-

Parents must be given a copy of the evaluation report and eligibility determination

A child cannot be determined to have a disability based on thelack of appropriate instruction in reading (including essential components), lack of instruction in math, or limited English proficiency

SEC. 614 (b)


FUNCTIONAL BEHAVIORAL ASSESSMENT

A functional assessment looksat why a child behavesas he or she does,given the nature of the childand what is happening inthe environment


BB

CC

AAAntecedentevent, cause or condition that influences behavior


Behaviorwhat one does

Consequencewhat happens as a result of the behavior

20

If additional data are not needed, the school will notify the parent of:

the reason for the decision the parents’ right to request assessment to determine whether the child qualifies for services or to determine the child’s educational needs

The LEA is not required to conduct additional assessment unless the parent requests

SEC. 614 (c)


21

The district will conduct evaluation before

determining a child no longer qualifies for services, unless the child:

Graduates with a regular diploma or Exceeds age of eligibility

If eligibility ends due to graduation, the LEA will provide the child with a summary of:

Academic achievement and functional performance Recommendations for meeting post-secondary goals

SEC. 614 (c)


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