| IDEA 2004 (changes from 1997) from "What Every Teacher Should Know About IDEA 2004" by Myrna Mandlawitz Assistive Technology Device adds "does not include surgically implanted medical device or replacement of such a device" to "any item, equipment, or product used to increase, maintain, or improve functional capabilities." Core Academic Subjects "Core academic subjects" are English, reading and language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography. Highly Qualified ` **Have state special education certification OR have passed State licensing exam AND have license to teach special education; **Have at least a bachelor's degree **Requires those teachers to meet this standard by the close of school year 2005--2006. Homeless children Children who don't have a regular, adequate nighttime residence, including children sharing others' housing due to loss of housing, economic hardship, or similar reason; living in motels, hotels, trailer parks, or campgrounds due to lack of adequate accommodations; living in emergency or transitional shelters; abandoned in hospitals; or awaiting foster care placement; OR whose primary nighttime residence is a public or private place not designed for or ordinarily used for regular sleeping accommodation; living in cars, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and who are migratory youth living in circumstances described above. Limited English Proficient defined as an individual a) who wasn't born in the U.S. or whose native language isn't English; b) who is a Native American or Alaska Native, or native resident of the outlying areas and comes from an environment where a language other than English has significantly impacted level of English language proficiency, or c) who is migratory, with a native language other than English, from an environment where a language other than English is dominant; AND whose difficulties in speaking, reading, writing, or understanding English may be sufficient to deny the child a) ability to meet proficient level of achievement on State assessments; b) ability to successfully achieve in class where instruction is in English, or c) opportunity to participate fully in society. Ward of the State New definition: A child who, as determined by the state of residence, is a foster child, ward of the State, or in custody of a public child welfare agency. Does not include foster children whose foster parents meet IDEA "parent" definition. Parent Adds (to legal guardians and surrogate parents) "natural, adoptive, or foster parent"; guardian (but not if the child is a ward of the State); or a person acting in place of a natural or adoptive parent with whom the child lives or who is legally responsible for the child. Related Services Adds "school nurse services" and "interpreting services" to existing "transportation, and developmental, corrective, and supportive services." Transition Services (movement from school to postschool activities . . . ) adds that services must be focused on improving academic and functional achievement, and that the student's strengths must also be taken into account. Requirements for Prescribing Regulations CHANGES public comment period from "at least 90 days" to "not less than 75 days." State Administration State must notify Local Educational Agencies (LEA) and the Secretary in writing of any State rules, regulations, or policies not required by federal law or regulation. States must minimize the number of such rules, regulations, or policies, and those that are issued must be designed to enable students to meet academic achievement standards. Paperwork Reduction Authorizes a 15-State pilot program authorizing waivers of Part B statutory or regulatory requirements to reduce "excess paperwork and non-instructional time burdens" that do not improve students' educational or functional results. Requirements pertaining to civil rights or procedural safeguards may not be waived, and waivers may not affect the right to a free, appropriate public education (FAPE). The Secretary will include information in an annual report to Congress on the effectiveness of waivers, including recommendations for broader implementation of waivers. Child Find Adds that "homeless children" and "wards of the state" who may be children with disabilities in need of special education and related services must also be identified, located, and evaluated to states are required to identify, locate, and evaluate all children with disabilities, including private school students . . . " Children in Private Schools Additions include: 1) states and local funds may supplement, but not supplant, the proportionate amount of federal funds that must be spent; 2) LEA must report to the state the number of children evaluated, determined eligible, and served under this provision; 3) Child Find process must ensure equitable participation of parentally placed private school children and an accurate count of those children; 4) costs of Child Find and evaluations may not be counted in determining whether the LEA has met its obligation under this provision; 5) The LEA must consult with representatives of the private school and the parents regarding Child Find and equitable participation, determination of proportionate amount of federal funds, how, when, and by whom services will be provided, and provision of a written explanation of why the LEA chooses not to provide services to the child; 6) private school may submit State complaint alleging that LEA did not engage in meaningful consultation or consider private school's views. **. . . amount spent on children in private settings "shall be equal to a proportionate amount of federal funds available under Part B. . . LEA is not required to reimburse costs for parentally placed students . . ." Comprehensive System of Personnel Development eliminated. Personnel Qualifications "Standards" replaced by "qualifications". Personnel must meet state recognized or approved certification, licensure, registration, or other comparable requirements. Special Education teachers must be highly qualified. LEAs must take "measurable steps to recruit, hire, train, and retain highly qualified personnel." Performance Goals and Indicators adequate yearly progress, including the State's objectives for progress by children with disabilities. **goals consistent with standards for students without disabilities. Participation in Assessments ALL children with disabilities participate in ALL assessments, with accommodations and alternate assessments as indicated on the IEP. Suspension and Expulsion Rates Data must now be disaggregated by race and ethnicity. Access to Instructional Materials States must adopt the National Instructional Materials Accessibility Standard (NIMAS) to provide instructional materials to blind persons or those with disabilities in relation to print. Overidentification and Disproportionality State adopts policies and procedures designed to prevent inappropriate identification or disproportionate representation by race and ethnicity of children as children with disabilities. Prohibition on Mandatory Medication State shall prohibit State and LEA personnel from requiring a child to obtain a prescription for medications covered by the Controlled Substances Act as a condition of school attendance or receiving an evaluation or services. This provision will not create a prohibition against teachers or other school personnel consulting or sharing classroom observations with parents regarding academic and functional performance, behavior, or the need for an evaluation for special education and related services. Records Regarding Migratory Children with Disabilities LEA works with the Secretary under NCLB to provide among states an electronic exchange of health and educational information on migratory children. Coordinated Services System eliminated Early Intervening Services An LEA may use up to 15% of its federal allotment annually, in combination with other funds, to develop and implement coordinated early intervention services for students, grades K -- 12 (focusing on K -- 3), who have not been identified as needing special education and related services, but who need extra academic and behavioral support to succeed in the general education environment. Activities may include professional development to deliver scientifically based academic and behavioral interventions, and provision of educational and behavioral evaluations, services, and supports. This provision neither limits nor creates a right to FAPE. School-Based Improvement Plan eliminated. Request for Initial Evaluation Initial evaluation (can be made by): ~Either parents or the SEA, other state agency or LEA may request an initial evaluation. ~Eligibility determination must be made within 60 days of receiving parental consent for evaluation, or, if the State has an established time frame for evaluation, that time frame may be used. ~The time frame does not apply if 1) the child enrolls after the relevant time frame has begun and before the eligibility determination is made, but only if the new LEA is making sufficient progress to ensure prompt completion of the evaluation, and the parent and the new LEA agree to a specific time for completion of the evaluation or 2) the parent repeatedly fails or refuses to produce the child for evaluation. Parental consent for services: ~Agency responsible for providing FAPE shall seek to obtain parents' informed consent before providing special education and related services. *If parent refuse to provide consent for services, LEA shall not provide services by utilizing the due process procedures. *LEA shall not be considered to be in violation of the requirement to provide FAPE if parents refuse to consent or refuse to respond to request for consent, nor shall LEA be required to convene an IEP meeting or develop an IEP. *Consent for Wards of the State: 1) If the child is a ward of the state and not residing with parents, agency shall make reasonable efforts to obtain parents' informed consent for initial evaluation; 2) Agency shall not be required to obtain parents' permission if, despite reasonable efforts, agency cannot find the parent, parents' rights have been terminated, or the right to make educational decisions has been assigned by a court to another individual. * Screening of a student by a teacher or specialist to determine instructional strategies shall not be considered evaluation for eligibility for services. ~Reevaluation: 1) LEA shall ensure reevaluation if it determines that educational or related needs, including improved academic and functional performance, warrant; 2) reevaluation shall occur not more often than once a year, unless parent and LEA agree otherwise, but should occur at least every 3 years, unless parent and LEA agree that reevaluation is not necessary. **to the basic parental consent for testing; if refused, due process; reevaluation once every 3 years; parental consent. Evaluation Procedures Conduct of evaluation: 1)assessments must be provided and administered in "the language and form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally . . . "; 2) Assessments of a child who transfers to another school district during the school year are coordinated between prior and subsequent schools for expeditious completion of evaluation; 3) child will not be determined a "child with a disability" if the determining factor is "lack of appropriate instruction in reading, including the essential components of reading instruction" Specific learning disabilities: 1) when determining if a child has a specific learning disability, the "LEA shall not be required to take into consideration whether the child has a severe discrepancy between achievement and intellectual ability in oral expression, listening comprehension, written expression, basic reading skill, reading comprehension, mathematical calculation, or mathematical reasoning" **notice to parents of evaluation procedures; variety of assessment tools used; '"shall not use any single procedure to make determination of eligibility, and shall use technically sound instruments to assess cognitive, behavioral, physical, and developmental factors;" not racially or culturally biased; in child's native language; by a team of qualified professionals including the parents . . . Individualized Education Program Deleted: benchmarks or short-term objectives: Retained only for children who take alternate assessments aligned to alternate achievement standards. Deleted transition requirement at age 14. Added IEP must include a statement, beginning not later than the first IEP in effect when the student is 16 and updated annually, of "appropriate measurable postsecondary goals based on age appropriate transition assessments related to training, education, employment, and where appropriate, independent skills." Will also include transition services, including courses, needed to assist in reaching goals, contained previously in the age-14-transition requirement. **present levels of educational performance; annual goals; short-term goals; special education and related services needed; extent to which child in regular classroom; frequency and location of services; transition services at 14; transfer of rights at age of majority; how progress measured; parental informing IEP Team Attendance, IEP Team Transition; Meetings IEP team meeting: a) a team member is not required to attend the meeting if there is no discussion in his/her area; b) member may be excused if their area is discussed if parents and LEA consent, and member submits written input; c) parental consent must be in writing. IEP team transition: For child previously served under Part C, at parents' request, Part C service coordinator or other Part C representatives shall be invited to the initial IEP meeting to assist in the smooth transition of services. Meetings: a) parents and LEA may agree not to meet if a written plan is developed to amend or modify the current IEP; b) meeting consolidation encouraged; c) changes may be made by entire team or by amending rather than redrafting the entire IEP. Parents may request a written copy; d) use of video conferences or conference calls may be made. Program for Children Who Transfer School Districts In all cases (within and without the state of origin) the new LEA shall provide FAPE, including services comparable to the previous IEP, in consultation with the parents, until new LEA adopts the previous IEP or develops a new IEP. Records should be transferred smoothly. Multiyear IEP Demonstration Authorizes a 15-State pilot program for an optional multiyear (not to exceed 3 years) IEP. Secretary will report to Congress within 2 years on effectiveness of the pilot and provide any recommendations for broader implementation. Program must be optional to parents, and parents must provide informed consent before multiyear IEP is developed. The IEP must include: a) measurable goals to enable the child to make progress in the general education curriculum and meet other needs that coincide with natural transition points (preschool to elementary; elementary to middle; middle to secondary; secondary to postsecondary; but in no case longer than 3 years); and b) measurable annual goals for determining progress toward meeting academic goals. Program must include process for review and revision of IEPs, including a) review at natural transition points; b) in years other than transition points, an annual review to determine current levels of progress and whether goals are being met, and a requirement to amend IEP, as appropriate, to allow continued progress toward goals; c) requirement, if team determines that child isn't making sufficient progress toward meeting goals, that LEA ensures a more thorough review of the IEP within 30 days; AND d) at parents' request, requirement that the team conduct a review of the IEP rather than or subsequent to an annual review. Types of Procedures Changes and additions include surrogates making educational decisions in place of parents; complaints; due process . . . **parental examination of records; protection of child's rights; written prior notice to parents; assurance that written prior notice fully informs parents; parental complaints; mediation opportunity; etc. Notification Requirements; Procedural Safeguards Notice no changes in prior written notice requirements (must include the action proposed or refused by the LEA, why the LEA proposed or refused action, other actions considered and why rejected, and other relevant factors. It also must include a statement that states that the parents have protection under the law, how parents can obtain a copy, and sources that the parents may use for assistance. Due process complaint protocol; old law expresses procedural safeguards notice protocol. Mediation Adds: If a resolution is reached through mediation, the parties shall execute a "legally binding agreement" signed by parents and an authorized agency representative. Agreement is enforceable in State court or in US district court. Impartial Due Process Hearings Resolution session protocol added. Administrative Procedures Language about civil action, attorney's fees, etc. Placement in Alternative Educational Setting Old language said that school personnel could order a change in placement to an appropriate interim alternative educational setting (IAES) for no more than 10 days, and to an IAES for not more than 45 days for violations involving weapons or drugs. The LEA is required to conduct assessment and create a plan no later than 10 days after disciplinary action. etc. etc. Manifestation Determination: if the disability and the behavior are connected = if not, the child can be disciplined under a general conduct code. New language basically similar; Special Circumstances: Child may be removed to IAES for not more than 45 days, without regard to whether or not behavior is a manifestation of the disability, for violations involving weapons, drugs, or infliction of serious bodily injury. Appeal process outlined. Administration Federal government cannot "mandate, direct, or control" specific instructional content, academic standards and assessments, curriculum, or program of instruction of any SEA, LEA, or individual school. Secretary will provide model forms for IEP, IFSP, and procedural safeguards and prior written notices. Preschool Grants Old language stated that states are given grants if they serve children with disabilities age 3 through 5, and at the state's discretion, 2-year-olds turning 3 in the school year. FAPE must be provided to get grant money. State-level activities funds will be used for support services, direct services, coordinated service system and meeting state performance goals. Part C does not apply to any children receiving FAPE under this section. New language says that State reserve funds can be used for 2 new activities: 1) provision of Part C early intervention services to children eligible for preschool who previously received Part C services, until they enter or are eligible for kindergarten, OR 2) at a state's discretion, to continue service coordination or case management for families receiving services under Part C. Flexibility to Serve 3-Year-Olds Until Elementary School System must ensure that parents are notified of right to receive Part B or Part C services with explanations, including possible costs to parents of Part C; programs with preliteracy, language, and numeracy skills; FAPE under Part B if parents choose; IFSP services; informed written consent before child turns 3 for continuation of Part C services; procedures for cases of trauma due to family violence. Interim Alternative Educational Settings, Behavioral Supports, and Systemic School Interventions Monies available to support safe learning environments, train staff, links with community, use of behavioral specialists in IAES. Requirements for Statewide System (Part C: Infants and Toddlers With Disabilities) Old language said that grants are provided to assist states to establish and maintain a coordinated, multidisciplinary, interagency system of early intervention services for infants and toddlers with disabilities and their families. This statewide system must include: a) definition of "developmental delay"; b) policy ensuring services are available to all infants and toddlers and their families, including Indian children residing on reservations; c) comprehensive multidisciplinary evaluation of each child and identification of the family's needs in assisting the child's development; d) IFSP; e)Child Find system; f)public awareness program; g)state interagency coordinating council; h) systems of personnel development and standards; i) policy about natural environment. Grant procedures; procedural safeguards for families; establishment of Federal Interagency Coordinating Council. New language includes homeless children; Child Find includes "rigorous standards" of identification; public awareness targets parents of premature infants or other physical risk factors; training for personnel in social and emotional needs of infants and toddlers. Parent Training and Information Centers Provides training and information to parents to enable their children to meet "developmental and functional goals" and challenging academic achievement goals and be prepared for independent living. Needs of low-income parents and parents of limited English proficient children. Helping parents participate in school activities that benefit their children. Helping parents understand, prepare for, and participate in "resolution sessions." |
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Table 1.
Summary of Requirements to Be a Highly Qualified Special Education Teacher
Category of special education teachers Requirements under P.L. 108-446
All special education teachers:
~Hold at least a B.A.
~Must obtain full state special education certification or equivalent licensure
~Cannot hold an emergency or temporary certificate
New or veteran elementary school teachers teaching one or more core academic subjects only to children
with disabilities held to alternative academic standards (most severely cognitively disabled):
~In addition to the general requirements above, may demonstrate academic subject competence through
“a high objective uniform State standard of evaluation” (the HOUSSE process)
New or veteran middle or high school teachers teaching one or more core academic subjects only to children
with disabilities held to alternative academic standards (most severely cognitively disabled):
~In addition to the general requirements above, may demonstrate "subject matter knowledge appropriate
to the level of instruction being provided, as determined by the State, needed to effectively teach those standards."
New teachers of two or more academic subjects who are highly qualified in either mathematics, language
arts, or science:
~In addition to the general requirements above, has two-year window in which to become highly qualified in the
other core academic subjects and may do this through the HOUSSE process
Veteran teachers who teach two or more core academic subjects only to children with disabilities:
~In addition to the general requirements above, may demonstrate academic subject competence through the
HOUSSE process (including a single evaluation for all core academic subjects)
Consultative teachers and other special education teachers who do not teach core academic subjects:
~only meet general requirements above
Other special education teachers teaching core academic subjects:
~In addition to the general requirements above, meet relevant ESEA requirement for new elementary school
teachers, new middle/high school teachers, or veteran teachers
Summary of Requirements to Be a Highly Qualified Special Education Teacher
Category of special education teachers Requirements under P.L. 108-446
All special education teachers:
~Hold at least a B.A.
~Must obtain full state special education certification or equivalent licensure
~Cannot hold an emergency or temporary certificate
New or veteran elementary school teachers teaching one or more core academic subjects only to children
with disabilities held to alternative academic standards (most severely cognitively disabled):
~In addition to the general requirements above, may demonstrate academic subject competence through
“a high objective uniform State standard of evaluation” (the HOUSSE process)
New or veteran middle or high school teachers teaching one or more core academic subjects only to children
with disabilities held to alternative academic standards (most severely cognitively disabled):
~In addition to the general requirements above, may demonstrate "subject matter knowledge appropriate
to the level of instruction being provided, as determined by the State, needed to effectively teach those standards."
New teachers of two or more academic subjects who are highly qualified in either mathematics, language
arts, or science:
~In addition to the general requirements above, has two-year window in which to become highly qualified in the
other core academic subjects and may do this through the HOUSSE process
Veteran teachers who teach two or more core academic subjects only to children with disabilities:
~In addition to the general requirements above, may demonstrate academic subject competence through the
HOUSSE process (including a single evaluation for all core academic subjects)
Consultative teachers and other special education teachers who do not teach core academic subjects:
~only meet general requirements above
Other special education teachers teaching core academic subjects:
~In addition to the general requirements above, meet relevant ESEA requirement for new elementary school
teachers, new middle/high school teachers, or veteran teachers