Individuals with Disabilities Education Improvement Act of 2004

Baldwin County Public SchoolsDivision of Instructional Support

Special Services

Table of ContentsIDEA 1997 – ComponentsHistory of IDEA 2004Themes – IDEA 2004Identification and EvaluationEvaluation Contents EligibilityIEP TeamIEP ContentsDisciplineManifestation DeterminationDefinition of Serious Bodily InjuryProcedural SafeguardsDue Process PersonnelPrivate SchoolsEfforts in Baldwin County

IDEA 1997 - Four Major Components

• Strengthen parental participation in special education process

• Accountability for student progress• Remediation and rehabilitation of

behavior problems• Preparation of students with

disabilities for employment and independent living

The ProcessHouse Senate

Improving Educational Results for Students with Disabilities Act

The IDEA ImprovementAct

Introduced in HouseMarch, 2003

Passed HouseApril, 2003

Introduced in SenateJune, 2003

Passed SenateMay, 2004

Conference Committee

Sent to President

Individuals with Disabilities Education Improvement Act of 2004

History Accountability, accountability,

accountability!!!!1. House passed its reauthorization bill in April 20032. Senate passed its reauthorization bill in May 20043. Conference Committee appointed in October 20044. Conference Committee bill approved in November

20045. President signed bill into law on December 3, 20046. IDEA changes, unless specified, take effect on July

1, 2005

IDEA Improvement Act of 2004

Main Themes• Align IDEA with NCLB • Balance discipline provisions• Reduce paperwork burden • Improve early intervention strategies • Reduce over-identification and

misidentification • Emphasis on transition - begins at 16

Identification and Evaluation 1. Evaluation complete

60 days from referral2. Screenings are

considered evaluations; need permission

3. Evaluation contents – emphasis on standardized tests

4. Reevaluation is required every 3 years

5. Dismissal without reevaluation

1. Evaluation complete 60 days from consent

2. Screenings are not evaluations; no permission needed

3. Evaluation contents includes varied data sources

4. *Parent and LEA may agree that 3-year reeval is not necessary

5. Dismissal requires reevaluation

IDEA 1997 IDEA 2004

IEP Team

Evaluation Contents• Relevant functional and developmental information• Information from parents• Information related to enabling access in and progress in

the general curriculum• Technically sound instruments that assess cognitive and

behavioral factors in addition to physical and developmental factors

• Review of existing data• Current classroom-based assessments and observations• Teacher and related service providers’ observations

Return to Identification and Evaluation

Eligibility 1. LEA uses severe

discrepancy as part of the Specific Learning Disabilities definition

2. Traditional assessment tools were accepted for identification and reevaluation

1. LEA may opt to use either:a. Severe discrepancy

model b. Response to

scientific research based intervention (RTI) model

2. Procedures and policies must be established to prevent inappropriate over-identification or disproportionate representation by race or ethnicity

IDEA 1997

IDEA 2004

IEP Team

1. Members outlined:a. Parentsb. At least one general

education teacherc. Special education teacherd. LEA representativee. Individual who can

interpret evaluation results

f. Individuals who have special expertise regarding the child

g. Child, if appropriateh. Other agency

representativei. Private school

representative

1. IEP Team member may be excused from attending if parents and LEA agree

Agreement must be in writing

Alternate means such as video conference or conference call if parents and LEA agree

IDEA 1997

IDEA 2004

IEP Contents

1. Profile, Goals and Benchmarks, Related Services, Program Modifications, Supplementary Aids and Services, Participation in state assessments, transition, progress, ESY

1. IEP will include short term objectives only for students who will be assessed using alternate assessments

2. Transition by 16 (not 14)3. Exit IEP – summary of academic

achievement and functional performance with recommendations

4. Amendments without IEP meeting (not in Alabama)

5. Transfer students – provide comparable services until new evaluation

6. Assistive Technology does not include device that has been surgically implanted

7. Can not prevent child from coming to school if has no medication

IDEA 1997

IDEA 2004

Discipline

1. IAES (45 calendar days)

Carries a weapon Possesses or used

illegal drugs Sale or solicitation of

controlled substance

1. IAES (45 school days) Demonstrated

evidence that current placement results in injury to student or others

Current placement is appropriate

Reasonable effort to minimize risk of harm in current placement

IDEA 1997

IDEA 2004

Manifestation Determination

Serious Bodily Injury• …requires a showing of substantial

risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of function of a bodily member, organ or mental faculty.

Return to Discipline

No knowledge if…•Parent has not allowed

evaluation •Parent refuses Part B

services•Child evaluated and

determined ineligibleReturn to Discipline

Manifestation Determination

1. Standards IEP and placement

appropriate Disability did not impair

child to understand the impact and consequences of behavior

IEP services and BIP were implemented

Disability did not impair student’s ability to control behavior

1. Was the behavior caused by, had a direct or substantial relationship to the disability or was it the direct result of the failure to implement the IEP?

IDEA 1997

IDEA 2004

Manifestation Determination and other forms may be located on Baldwin County Public Schools website - www.bcbe.org.

Disciplinary Steps

IEP MeetingFunctional behavioral assessment/review

behavior planReview Plan

Provide parents notice of rights

Manifestation

Provide parents notice of rights

No Manifestation

No SuspensionExpulsion Hearing

Disciplinary hearing resulting in

suspension/expulsion

IEP MeetingDoes IEP need revision?

IEP Revision to continue FAPE

Change of placement?

Procedural Safeguards

1. Procedural safeguards given at all meetings even if parent declines.

1. Procedural safeguards given:

Once a year Upon request Due Process Change in Placement

IDEA 1997

IDEA 2004

Due Process

1. Mediation process was optional

2. No timeline enforced3. No effort to solve

issue prior to hearing4. No criteria for

complaints 5. Court has

discretionary authority to award reasonable fees to parents who prevail

1. Mediation process mandatory

2. Due Process must be initiated within two years

3. Resolution meeting prerequisite to hearing (LEA schedules within 15 days)

4. Due process complaint must specify the issue and the relief sought

5. SEA/LEA may seek attorney’s fees against the parent’s attorney if action is deemed frivolous, unreasonable, without foundation or prolonged the litigation

IDEA 1997

IDEA 2004

Private Schools

• LEA shall provide the SEA:√ Number of children evaluated in private

schools√ Number of children found eligible√ Number of children served

• LEA shall consult with private school representatives regarding child find procedures.

• LEA shall get written affirmation of participation

Personnel

1. Special Education Degree adequate to teach all core subjects

1. Must meet criteria outlined in NCLB; must be certified in core subject

Teacher Teaching Multiple Core Academic Subjects must meet standards through certification, Praxis, or HOUSSE

Teacher Teaching to Alternate Achievement Standards must meet NCLB/IDEA requirements as applied to an elementary teacher in Alabama Model

Consultative Role = HQT

IDEA 1997

IDEA 2004

Personnel Standards1. Related Service

providers met standards for certification in field

1. No “highly qualified” language for related services providers, but:– Must meet state

standards– Excludes emergency

or temporary waiver of certification

Efforts in Baldwin County• Classrooms for Excellence

Workshop – Year Two • Employed HQT only 03-04 year• SETSWeb (pilot and full

implementation)• Encouraging standards-based IEPs

although not required• Parent Liaison Program