IDEA 2004

Learning Team C

Individuals with Disabilities Education Act (IDEA) 2004: The Legislation and Timeline for Implementation

Major Changes

  1. Identifying Students with Disabilities and Response-to-Intervention (RTI)

    1. Methods to Determine Learning Disabilities

    2. Comprehensive evaluation for Identifying Learning Disabilities

  2. Early Intervening Services (EIS)

    1. Emphasis K-3

    2. Up to 15% of special education monies to develop and implement EIS

    3. Child can be referred for evaluation at any time.

    4. May not be used to delay evaluation of a child suspected of having disability

    5. Report annually

  3. IEPs

    1. IEP Goals, Performance Levels, Progress Reports and Assessments

    2. Transition

    3. Meetings

    4. Student Transfers

  4. Highly Qualified Teachers

    1. Public School Special Education Teachers

    2. Alternative Routes Teachers

    3. Charter School Teachers

    4. Private School Teachers

  5. Discipline

    1. Change of placement

    2. Manifestation Determination

      1. Conduct relationship to disability

    3. School’s Knowledge of a Disability

      1. Parental request of evaluation

      2. Teacher or other personnel expressed concerns

  6. Accessible Instructional Materials for Children with Disabilities

    1. State must adopt National Accessibility Standards

    2. “Timely Access”

  7. New Definitions

    1. Core academics

    2. Surgically implanted devices are not assistive technology devices.

      1. Schools must still ensure proper function

    3. Tourette syndrome is listed as chronic or acute health problem under Other Health Impairment

    4. Definition of “parent”

      1. To include adoptive, foster, guardian, or individual legally responsible

    5. Changes to list of related services

      1. Now includes interpreting and school nurse services

    6. Aids and services to be provided in extracurricular and non-academic settings along with general education classes and other academic settings.

  8. CEC Specific Recommendations Included in Regulations

    1. Strengthened provisions to reduce disproportionate representation of students from diverse cultures in special education

    2. Measurable IEP goals in place of short-term objectives

    3. Reduction of paperwork

    4. Reduced number of times schools must notify parents of procedural safeguards

    5. Rigorous standards for alternative routes to certification

    6. Multiple-year IEP pilot program

  9. Implementation

    1. Released 2006

    2. Implementation guides provided by individual states

    3. Comparison workshops/informational presentations

    4. All regulations not in conflict remain in effect


A Primer on the IDEA 2004 Regulations. (2015). Retrieved from

IDEA 2004: Part B Major Changes for Educational Agencies in the Commonwealth of Virginia Retrieved from VDOE Website:

The impact of this legislation on special educators

  1. Qualifications needed for special educators

    1. Must meet highly qualified standards

      1. Special education certificate or license

      2. Bachelor’s Degree

      3. Competency in subject matter

      4. States can establish HOUSSE (High, Objective, Uniform State Standard of Evaluation)

        1. Determines subject matter competency

  2. Process of identifying students with disabilities

    1. Use of IQ-Discrepancy Model

    2. Response-to-Intervention (TRI) Method

      1. Does not replace comprehensive evaluation

  3. Creation of early intervening services

    1. K-12 with emphasis on K-3

    2. Educational and behavioral evaluations

    3. District must report on students who received EIP anually

  4. Changes made to Individualized Education Programs (IEPs)

    1. Specifies changes made to IEPs

      1. Goals

      2. Performance Levels

      3. Progress Reports

      4. Assessments

  5. Disciplinary Procedures

    1. Circumstances considered on case-by-case basis

    2. Expands discretion and guidance when dealing with discipline

    3. Teachers involved in decision-making

    4. Parents must be notified

  6. Instructional materials must be made accessible

    1. Must adopt National Instructional Materials Accessibility Standards (July 2006)


A Primer on the IDEA 2004 Regulations. (2015). Retrieved from

How this legislation positively impacts families of students with educational disabilities

  1. Every child is entitled to a free and appropriate public education(FAPE)

    1. States are required to educate students with disabilities

    2. IDEA provides financial support to state and local school districts

  2. Families are entitled to services through IDEA

    1. Every family is entitled to appropriate, timely, and multidisciplinary identification and intervention services for their very young child

    2. This services must be made available to all families with infants and toddlers

  3. Required to receive an Individualized family Service Plan(IFSP)

    1. Lays out priorities, resources and concerns of the family

    2. Describes the goals of the child

    3. Services to be provided to the child

    4. Steps for eventual transitioning of the child into formal education

  4. Families have the right to participate in the creation of the IFSP

    1. 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)

  5. Families are entitled to timely resolution of all conflicts or complaints regarding the evaluation or services

    1. If the complaint involves an application for initial services, the child must receive those services that are not in dispute


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


Cortiellia, C. (2006). NCLB and IDEA: What parents of students with disabilities need to know and do.

Learing Team C Members

Torrey Collins

David Londrey

Langley Looney

Rick Mondloch

Ashley Peake