ECSE 602 Instructional Programming for Infants and Young Children with Disabilities
Individuals with Disabilities Education Improvement Act of 2004 Baldwin County Public Schools...
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Transcript of Individuals with Disabilities Education Improvement Act of 2004 Baldwin County Public Schools...
Individuals with Disabilities Education Improvement Act of 2004
Baldwin County Public SchoolsDivision of Instructional Support
Special Services
Table of ContentsIDEA 1997 – Components
History of IDEA 2004
Themes – IDEA 2004
Identification and Evaluation
Evaluation Contents
Eligibility
IEP Team
IEP Contents
Discipline
Manifestation Determination
Definition of Serious Bodily Injury
Procedural Safeguards
Due Process
Personnel
Private Schools
Efforts 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 referral
2. 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 ineligible
Return 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 Standards
1. 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