IDEA 2004
Learning Team C
Individuals with Disabilities Education Act (IDEA) 2004: The Legislation and Timeline for Implementation
Major Changes
Identifying Students with Disabilities and Response-to-Intervention (RTI)
Methods to Determine Learning Disabilities
Comprehensive evaluation for Identifying Learning Disabilities
Early Intervening Services (EIS)
Emphasis K-3
Up to 15% of special education monies to develop and implement EIS
Child can be referred for evaluation at any time.
May not be used to delay evaluation of a child suspected of having disability
Report annually
IEPs
IEP Goals, Performance Levels, Progress Reports and Assessments
Transition
Meetings
Student Transfers
Highly Qualified Teachers
Public School Special Education Teachers
Alternative Routes Teachers
Charter School Teachers
Private School Teachers
Discipline
Change of placement
Manifestation Determination
Conduct relationship to disability
School’s Knowledge of a Disability
Parental request of evaluation
Teacher or other personnel expressed concerns
Accessible Instructional Materials for Children with Disabilities
State must adopt National Accessibility Standards
“Timely Access”
New Definitions
Core academics
Surgically implanted devices are not assistive technology devices.
Schools must still ensure proper function
Tourette syndrome is listed as chronic or acute health problem under Other Health Impairment
Definition of “parent”
To include adoptive, foster, guardian, or individual legally responsible
Changes to list of related services
Now includes interpreting and school nurse services
Aids and services to be provided in extracurricular and non-academic settings along with general education classes and other academic settings.
CEC Specific Recommendations Included in Regulations
Strengthened provisions to reduce disproportionate representation of students from diverse cultures in special education
Measurable IEP goals in place of short-term objectives
Reduction of paperwork
Reduced number of times schools must notify parents of procedural safeguards
Rigorous standards for alternative routes to certification
Multiple-year IEP pilot program
Implementation
Released 2006
Implementation guides provided by individual states
Comparison workshops/informational presentations
All regulations not in conflict remain in effect
References
A Primer on the IDEA 2004 Regulations. (2015). Retrieved from http://www.cec.sped.org/Policy-and-Advocacy/Current-Sped-Gifted-Issues/Individuals-with-Disabilities-Education-Act/A-Primer-on-the-IDEA-2004-RegulationsIDEA
IDEA 2004: Part B Major Changes for Educational Agencies in the Commonwealth of Virginia Retrieved from VDOE Website: http://www.doe.virginia.gov/special_ed/regulations/federal/
The impact of this legislation on special educators
Qualifications needed for special educators
Must meet highly qualified standards
Special education certificate or license
Bachelor’s Degree
Competency in subject matter
States can establish HOUSSE (High, Objective, Uniform State Standard of Evaluation)
Determines subject matter competency
Process of identifying students with disabilities
Use of IQ-Discrepancy Model
Response-to-Intervention (TRI) Method
Does not replace comprehensive evaluation
Creation of early intervening services
K-12 with emphasis on K-3
Educational and behavioral evaluations
District must report on students who received EIP anually
Changes made to Individualized Education Programs (IEPs)
Specifies changes made to IEPs
Goals
Performance Levels
Progress Reports
Assessments
Disciplinary Procedures
Circumstances considered on case-by-case basis
Expands discretion and guidance when dealing with discipline
Teachers involved in decision-making
Parents must be notified
Instructional materials must be made accessible
Must adopt National Instructional Materials Accessibility Standards (July 2006)
Reference
A Primer on the IDEA 2004 Regulations. (2015). Retrieved from http://www.cec.sped.org/Policy-and-Advocacy/Current-Sped-Gifted-Issues/Individuals-with-Disabilities-Education-Act/A-Primer-on-the-IDEA-2004-RegulationsIDEA
How this legislation positively impacts families of students with educational disabilities
Every child is entitled to a free and appropriate public education(FAPE)
States are required to educate students with disabilities
IDEA provides financial support to state and local school districts
Families are entitled to services through IDEA
Every family is entitled to appropriate, timely, and multidisciplinary identification and intervention services for their very young child
This services must be made available to all families with infants and toddlers
Required to receive an Individualized family Service Plan(IFSP)
Lays out priorities, resources and concerns of the family
Describes the goals of the child
Services to be provided to the child
Steps for eventual transitioning of the child into formal education
Families have the right to participate in the creation of the IFSP
Must have consent prior to the initiation of intervention services
i. Multi-Tier System of Support (MTSS)
ii. Positive Behavior Intervention and Support (PBIS)
iii. Response to Intervention (RTI)
Families are entitled to timely resolution of all conflicts or complaints regarding the evaluation or services
If the complaint involves an application for initial services, the child must receive those services that are not in dispute
Reference
Martin, E, Martin, R., & Terman, D. (1996) The legislative and litigation history of special education. The Future of Children, 6,25-39.
How this legislation positively impacts students with educational disabilities
1. Special Education (IEP's)
a. Creation of an Individualized Education Plan (IEP)
- Educational providers, parents and the student setting attainable goals
- Small group setting, or inclusion setting
- Setting up appropriate accommodations
- Sole purpose is to find the right fit for the student to succeed in school
2. Academic content and achievement standards
a. challenging academic content standards
b. academic achievement standards
c. content and achievement standards are the same for all students
3. More comfortable learning environment
a. Availability to inclusion classes
b. Small group learning
c. Extra time on tests and quizzes
d. Assistance in taking notes
e. Having material read aloud to them
4. Accommodations for students with disabilities
a. Presentation
- repeat directions, read aloud, use of larger bubbles on answer sheets
b. Response
- mark answers in book, use reference aids, point, use of computer
c. Timing/Scheduling
- extended time, frequent breaks
d. Setting
- study carrel, separate room, preferential seating
6. Qualified special education teachers
a. Special education certificate or license
b. Bachelor’s Degree
c. Ability to work with qualified general education teachers
References
Cortiellia, C. (2006). NCLB and IDEA: What parents of students with disabilities need to know and do. http://www.ldonline.org/article/11846/
Learing Team C Members
Torrey Collins
David Londrey
Langley Looney
Rick Mondloch
Ashley Peake