IDEA Reauthorization Update

1
IDEA Reauthorization Update

• January 2004

2
IDEA Update

• Current legislative status
• Changes from IDEA, 1997
• Personnel
• Evaluation/eligibility
• IEP process
• Procedural safeguards
• Discipline
• Monitoring
• Funding

3
Current Legislative Status

• Delayed legislative timetable
• H.R.1350
• Senate Education Committee version
• (S. 1248)
• When will we have a new IDEA?

4
Personnel

• House Bill
• Adds definition of highly qualified matched to
  NCLB requirements

• Senate Bill
• Adds a more detailed definition of highly
  qualified
• Addresses the special education teacher who
  teaches more than one subject

5
Evaluation/Eligibility

• Senate Bill
• Adds 60-day timeline
• Allows placement without consent for failure to
  respond
• Adds waiver of reevaluation
• Includes functional and developmental information
  in evaluation

• House Bill
• Allows initial evaluation without parental
  consent
• Requires written consent for placement
• Adds waiver of reevaluation
• Includes functional and developmental information
  in evaluation

6
Evaluation/Eligibility (cont.)

• House Bill
• Ineligible if based on lack of scientifically
  based reading or mathematics instruction or
  limited English proficiency
• Removes severe discrepancy requirement
• Adds process based on failure to respond to
  instruction

• Senate Bill
• Ineligible if based on lack of scientifically
  based reading or mathematics instruction or
  limited English proficiency
• Removes severe discrepancy requirement
• Adds process based on failure to
  respond to instruction

7
Evaluation/Eligibility (cont.)

• House Bill
• Modifies requirement for changes in eligibility

• Senate Bill
• Allows exception to evaluation if granted regular
  diploma or if student is over age

8
IEP Process

• House Bill
• Deletes short-term objectives
• Provides disclaimers on participation of regular
  teachers
• Authorizes excusing member attendance

• Senate Bill
• Deletes short-term objectives
• Adds excusal from participation provision

9
IEP Process

• House Bill
• Adds consideration of academic and developmental
  needs
• Requires consideration of positive behavior
  interventions

• Senate Bill
• Adds consideration of academic, developmental,
  and functional needs
• Requires provision of positive behavior
  interventions

10
Procedural Safeguards

• House Bill
• Limits when parents receive copy
• Beginning of year
• Request for evaluation
• Parent request

• Senate Bill
• Limits when parents receive copy
• One time per year, except
• Initial referral
• Request for evaluation
• Filing of complaint
• Parent request

11
IEP Process

• House Bill
• Allows changes to IEP without meeting
• Allows alternative means for conducting meeting
• Adds procedures for three-year IEPs

• Senate Bill
• Allows changes to IEP without meeting
• Allows alternative means for conducting meeting
• Adds procedures for three-year IEPs
• Excludes medical devices from assistive
  technology devices

12
Discipline

• House Bill
• Expands authority of school personnel to suspend
  or assign to alternative setting
• Expands authority of hearing officers

• Senate Bill
• Expands authority of school personnel to suspend
  or assign to alternative setting
• Expands authority of hearing officers

13
Discipline (cont.)

• House Bill
• Deletes requirement for functional behavioral
  assessment and behavioral intervention plan
• Deletes references to manifestation determination

• Senate Bill
• Deletes requirement for behavioral intervention
  plan
• Determines manifestation based on failure to
  implement the IEP or behavioral interventions

14
Monitoring

• House Bill
• Shifts focus of state monitoring
• Adds indicators of progress for improving student
  performance
• Emphasizes the use of data

• Senate Bill
• Shifts focus of state monitoring
• Adds indicators of progress for improving student
  performance
• Emphasizes the use of data

15
Funding

• House Bill
• Provides flexibility in the use of funds

• Senate Bill
• Provides flexibility in the use of funds

16
Whats Next?

• Appointment of a Joint Resolution Committee
• Joint Resolution approved by both Houses of
  Congress
• Bills sent to the President for signing into law
• Senate version to go to the floor for a vote
• USDOE drafting of final regulations
• Stay tuned for more information