IDEA Reauthorization Information

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IDEA 2004 Official Regulations

OSEP Technical Assistance Tools - Model Forms

IEP Form - Congress required that the Education Department shall publish model IEP, Procedural Safeguard Notice, and Prior Written Notice forms "no later than the date that the Secretary publishes final regulations ..." (20 USC Section 1417(e)) pdf version or word version
Notice of Procedural Safeguards - Includes general information, parental consent, electronic mail, independent educational evaluations (IEEs); confidentiality; state complaint procedures; due process complaint procedures; due process hearings; appeals; procedures when disciplining children with disabilities; requirements for unilateral placement by parents in private schools at public expense. (47 pages) pdf version or word version
Prior Written Notice - The school district must give parents written notice whenever the district proposes to begin or change your child's identification, evaluation, or educational placement OR refuses to begin or change your child's identification, evaluation, or placement or provide your child with a free appropriate public education (FAPE). This "Prior Written Notice" includes several required components and the language must be easily understood. pdf version or word version

Materials on IDEA 2004 Regarding Major Changes

Alignment with the No Child Left Behind Act - addition of new definitions (core academic subjects, limited English proficient, highly qualified teacher); performance goals and indicators; requirements about reporting progress in educating children with disabilities to public and state; alternate achievement standards; records of migratory children; eligibility determination; personnel development plans.

Children with Disabilities Enrolled by Their Parents in Private School - provision of services to children who attend private schools; child find requirements in private schools; equitable participation; requirements about children evaluated and found eligible; new requirements for consultation between public and private school representatives; written affirmation requirements; right to complain to SEA.

Discipline Procedures - new standards for manifestation determinations; new authority for school personnel; new standard for "special circumstances"; definition of serious bodily injury; authority of hearing officer; expedited hearings.

Disporportionality and Overindentification policies and procedures; collection and examination of data; requirements when reviewing policies and procedures. (Adobe Acrobat Reader )

Due Process Procedures -clarifies who may request a due process hearing; specifies timeline for requesting a due process hearing; new prior written notice requirements and timelines; new requirements for hearing officers; new guidelines for issues raised at a due process hearing; new parameters for hearing officer decisions; timelines for bringing a civil action; additional provisions for awarding attorneys fees.

Early Intervening Services - activities to implement early intervening services; professional development; evaluations, scientifically based literacy instruction; reporting requirements; use of funds.

Highly Qualified Special Education Teachers -definition of highly qualified teacher; requirements for special education teachers who teach to alternate achievement standards and multiple subjects; related services personnel and paraprofessionals; personnel development plans.

Identification of Children with Specific Learning Disabilities - The proposed regulations lay out parameters for identifying students with learning disabilities and encourage the use of "high quality" instruction and response to that instruction as part of the evaluation process.

Initial Evaluation and Reevaluation - new provision about parental consent for children who are wards of state; procedures for evaluating children who may have specific learning disabilities; new procedures for reevaluations; new evaluation requirements before change in eligibility; new requirement about evaluating present levels of academic achievement and developmental needs of child.

Individualized Education Program (IEP) - Congress added new language to the definition of IEPs in Section 1414(d). IEPs must include "a statement of the special education and related services and supplementary aids and services, based on peer-reviewed research . . ."

Individualized Education Program (IEP), Team Meetings and Changes to the IEP - required members of IEP team; IEP team member attendance; excusal from IEP meetings; new provisions about changing IEPs; consolidation of meetings; alternate ways to participate in meetings.

Local Funding - maintenance of effort (MOE) requirements; permissive use of funds; funds for charter schools.

National Instructional Materials Accessibility Standard (NIMAS) -

Procedural Safeguards: Surrogates (Kansas-Education Advocate), Notice and Consent -adds procedures for appointing surrogate parent; revises requirements about procedural safeguards notice to parents; additions to notice content, requests for due process hearings, civil actions; consent for wards of the state.

Resolution of Disputes at the Local Level -Procedural Safeguards: Mediation and Resolution Sessions new mediation requirements; new requirements about meeting with a "disinterested party"; new requirements about legally binding agreements, confidentiality of discussions, enforceability of agreement; new requirements for "resolution sessions"; limitations on attorneys' fees.

Part C Amendments in IDEA 2004 -

Part C Option: Age 3 to Kindergarten Age - Part C funds for children ages 3 to Kindergarten; expanded definition of "infants and toddlers"; new policies re: notice to parents, educational components; consent.

Secondary Transition - Adds “further education” of children with disabilities to the IDEA’s purposes. Changes the definition of “transition services.” Requires changes to performance goals and indicators. Exception to requirements for evaluation before a change in eligibility. Changes the secondary transition requirements in the individualized education program (IEP).

State Funding - changes in formula grants to states; 7-year path to "full funding"; changes in state-level activities; LEA risk pool; flexibility; limitations.

Statewide and Districtwide Assessments - new requirements about accommodations; alternate assessments; new reporting requirements; additional information in IEPs

How will IEPs change under IDEA 2004? In IDEA 2004, Congress added new language that parents, educators, advocates, and attorneys can use to ensure that children with disabilities are taught by highly qualified teachers and receive research based instruction.

IDEA 2004: IEP Team Members & IEP Team Attendance - Learn about IEP team members and IEP team attendance, when team members may be excused from a meeting, and what parents and the school district must do before a team member may be excused.

IDEA 2004 Regulations: Questions & Answers. Since the IDEA 2004 regulations will not be published until late 2005 or early 2006, how will the law be implemented?

Requirements for Highly Qualified Special Ed Teachers - Learn about new requirements for special ed teachers; limits of what teachers who are not highly qualified may do; how teachers can demonstrate their competence.

Rule 11 & Attorneys Fees - Many parents and their advocates have expressed concerns about the “new” attorney fee statute in IDEA 2004 permitting school districts to recover fees from attorneys who represent parents. Pete analyzes these new provisions, improper litigation, frivolous actions, and the practical implications of this new statute.

Changes in the IDEA 2004 Statute: Guidance from OSEP

STATEWIDE AND DISTRICTWIDE ASSESSMENTS new requirements about accommodations; alternate assessments; new reporting requirements; additional information in IEPs (Adobe Acrobat Reader )

Transition Services for Education, Work, Independent Living. Short article about changes in the definition of transition services in IDEA 2004.

IDEA 2004 Official Regulations

Office of Special Education Programs

Materials on IDEA 2004 Regarding Major Changes

How will IEPs change under IDEA 2004? In IDEA 2004, Congress added new language that parents, educators, advocates, and attorneys can use to ensure that children with disabilities are taught by highly qualified teachers and receive research based instruction.