Individuals with Disabilities Education Improvement Act 2004

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Individuals with Disabilities Education
Improvement Act2004
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• Congressional Intent
• Strengthen responsibility of parents
• Coordinate with ESEA improvement efforts
• Improve academic achievement and functional
  performance, including use of scientifically
  based instruction
• Provide incentives for scientifically-based early
  reading programs, positive behavioral
  interventions and supports, and early intervening
  service
• (ESEA Elementary and Secondary Education Act)

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• Support development and use of technology to
  maximize accessibility
• Provide a more equitable allocation of resources
• Give parents and schools expanded opportunities
  to resolve their disagreements in positive and
  constructive ways

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Provide relief from irrelevant and unnecessary
paperwork burdens that do not lead to improved
educational outcomesBe responsive to the
growing needs of an increasingly diverse
societyProvide effective transition services to
promote successful post-school employment or
education
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Major Tenets of IDEA 2004

• Free and Appropriate Public Education
• Appropriate evaluation
• Related services given if needed
• Zero reject
• Least restrictive environment
• Parent and student participation
• Procedural due process

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Definitions

• Core Academic Subjects
• Consistent with NCLB
• English, reading or language arts, mathematics,
  science, foreign languages, civics and
  government, economics, arts, history, and
  geography
• Assistive Technology Device
• Exception The term does not include a medical
  device that is surgically implanted or the
  replacement of such devices

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• Highly Qualified Special Education Teacher
• Definition
• "Highly qualified" has the meaning given in ESEA
  except that the term also means, for public
  elementary and secondary special education
  teachers, that the teacher has
• at least a BA degree and
• full State certification as a special education
  teacher with no waivers on an emergency,
  temporary or provisional basis.
• Exceptions to be deemed highly qualified for
• special education teachers teaching to alternate
  achievement standards and
• special education teachers teaching 2 or more
  subjects

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• Special Education Teachers Teaching to Alternate
  Achievement Standards
• Teachers new or not new to the profession may
  either
• Meet applicable ESEA highly qualified
  requirements (may use HOUSSE)
• OR
• Meet highly qualified requirements at the
  elementary level (may use HOUSSE) or, if
  instruction above elementary level, must have
  subject matter knowledge "appropriate to the
  level of instruction being provided, as
  determined by the State"

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• Special Education Teachers Teaching Multiple
  Subjects
• 2 or more core academic subjects exclusively to
  students with disabilities
• Meet applicable ESEA highly qualified
  requirements for a teacher who is new or not new
  to the profession
• Not new May use HOUSSE or multi-subject HOUSSE
• If new to the profession and highly qualified in
  one subject (math, language arts or science)
• may use HOUSSE or multi-subject HOUSSE to show
  competence in other subjects - within two years
  from the date of employment

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• Rule of Construction
• No private right of action (e.g., impartial
  hearing or court) on behalf of an individual
  student for failure of LEA employee to be highly
  qualified

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Related Services

• Adds interpreting services
• Adds school nurse services designed to enable a
  child to receive FAPE as described in IEP
• Term does not include a medical device that is
  surgically implanted, or the replacement of such
  a device

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Transition Services

• designed to be within a results-oriented process,
  that is focused on improving the academic and
  functional achievement of the child with a
  disability to facilitate the child's movement
  from school to post-school activities

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Universal Design

• Consistent with Assistive Technology Act of 1993
• "a concept or philosophy for designing and
  delivering products and services that are usable
  by people with the widest possible range of
  functional capabilities, which include products
  and services that are directly usable (without
  requiring assistive technologies) and products
  and services that are made usable."

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Paperwork Reduction Pilot Program

• Purpose - identify ways to reduce paperwork
  burdens and other administrative duties to
  increase time and resources available for
  instruction and other activities to improve
  student results15 states based on proposalsCan
  not waive requirements relating to civil rights
  or procedural safeguards

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Authorization of Appropriations

• Seven-year course to fully fund IDEA
  (appropriations authorized)
• FY 2005 12.3 Billion
• FY 2006 14.6 Billion
• FY 2007 16.9 Billion
• FY 2008 19.2 Billion
• FY 2009 21.5 Billion
• FY 2010 23.8 Billion
• FY 2011 26.1 Billion
• Only 11.6 B Appropriated FY 05

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State Level Activities

• Required
• Monitoring, enforcement and complaint
  investigation
• Mediation 
• New Authorized activities
• Support and direct services (including technical
  assistance, personnel preparation, professional
  development and training)
• Paperwork reduction activities (IEP technology)
• Positive behavioral supports and mental health
  services
• Improve use of technology in the classroom
• Technical assistance to schools and direct
  services (including supplemental educational
  services)

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State Advisory Panel

• Parents of children with disabilities
• ages birth through 26 
• State and local education officials must include
  officials who carry out McKinney-Vento Homeless
  Assistance Act
• Adds representative from State child welfare
  agency responsible for foster care

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LEA Permissive Use of Funds

• Flexibility in use of Part B funds
• Services that benefit nondisabled (same as IDEA
  97)
• Early intervening services (up to 15 - priority
  on K-3)
• High cost students
• Administrative Case Management Technology
• Adjustment to local fiscal effort
• If in compliance, LEA may use up to 50 of
  amounts in excess from prior fiscal year to carry
  out ESEA activities.

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Early Intervening Services(Prereferral)

• May include interagency financing structures
• Activities Professional development,
  evaluations, services, supports,
  scientifically-based literacy instruction
• Annual report to SEA required
• Numbers served
• Number served who subsequently receive special
  education

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Parental Placements in Nonpublic Schools

• District of location
• Child find process
• Spend proportionate amount of federal funds
• Consultation process among parents, LEA and
  private school representatives
• Provider of services 
• Private school
• 60 day complaints and appeal to Secretary

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Assessments

• Accommodation Guidelines
• Requirements for Alternate Assessments
• Aligned with State Standards
• Aligned with alternate academic achievement
  standards 
• Reporting requirements
• Use of Universal Design principles in developing
  and administering assessments

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Access to Instructional Materials

• National Instructional Materials Accessibility
  Standard
• National Instructional Materials Access Center

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Parental Consent

• Absence of consent for services - deobligates LEA
  from FAPE requirement
• Consent for Wards of State
• Reasonable efforts to obtain consent from parent
• Not required if cannot find parent rights
  terminated rights to make educational decisions
  subrogated
• Consent given by individual appointed by the
  judge

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Evaluations

• Screening by a teacher or specialist to determine
  appropriate instructional strategies for
  curriculum implementation is not an evaluation
  for eligibility for special education
• Reevaluation not more than once a year unless
  parent and LEA agree otherwise
• Reevaluation at least every 3 years unless parent
  and LEA agree it is unnecessary

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Timelines to Complete Evaluation

• Must be completed within 60 calendar days of
  receiving parental consent (or timeline within 60
  days as established by the state).
• Exceptions
• Transfer students when evaluation began in prior
  district.
• When parent repeatedly fails or refuses to
  produce child for evaluation.

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Evaluation procedures

• Replaces "tests" with "assessments"
• In language and form most likely to yield
  accurate information
• repeals "native language or other mode of
  communication" 
• Assessments for purpose for which assessments or
  measures are valid
• repeals "validated for the specific purpose for
  which they are used" 
• Children who transfer from 1 district to another
  in same academic year - assessments must be
  coordinated to ensure prompt completion

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Eligibility Determinations

• Not a student with a disability if the
  determinant factor is
• lack of appropriate instruction in reading,
  including in the essential components of reading
  instruction (as defined in Â1208(3) of ESEA)
• lack of instruction in math, or
• limited English proficiency