Individuals with Disabilities Education Act 2004

1
Individuals with Disabilities Education Act 2004

• Changes in IDEA 2004

2
Summary of Major Provisionsof IDEA 2004

• Signed into law on December 3, 2004
• Provisions of the Act became effective July 1,
  2005
• Final regulations were published on August 14,
  2006
• Final regulations became effective on October 13,
  2006
• State conforming laws and regulationsmust be in
  place by June 30, 2007

3
Discipline

• IDEA 1997
• Established guidelines for removing
• disabled students from school when
• a behavior infraction occurred.
• Manifestation determination required prior to
  removal
• Change in placement required no cessation of
  services
• LEAs can remove students up to 45 days for, guns,
  weapons, or drug violations

• IDEA 2004
• Improves current discipline provision
• by simplifying the framework for
• schools to administer discipline
• requirements.
• Adds new authority for school personnel to
  consider unique circumstances
• Establishes a new standard for manifestation
  determinations
• Expands removal authority for special
  circumstances related to serious bodily injury
• Establishes exceptions child not eligible

4
Early Intervening Services

• IDEA 1997
• Services could not be provided for a
• student until they completed the
• special education process and
• identified as a student with a
• Disability.

• IDEA 2004
• Schools will be able to use up to
• 15 of IDEA funds to support
• students who have academic and
• behavioral problems in regular
• education, but who are not disabled.
• Adds early intervening services to the
  regulations under LEA eligibility
• Allows activities in implementing coordinated,
  early intervening services by LEAs
• Providing educational behavioral evaluations,
  services, and supports
• Professional development
• Required if cited for disproportionality

5
Highly Qualified Teachers(HQT)

• IDEA 1997
• Used the term qualified
• personnel which means
• personnel who have met
• State-approved or
• recognized certification,
• licensing, registration, or
• other comparable
• requirements in the area in
• which the individuals are
• providing special education
• or related services.

• IDEA 2004
• A standard for highly qualified
• teachers is established.
• Establishes requirements for special education
  teachers teaching core academic subjects.
• Establishes requirements for special education
  teachers in general.
• Provides for separate HOUSSE standards for
  special education teachers.
• Establishes that private school teachers are not
  covered under HQT standards.

6
IEP Team Meetings and Changes to the IEP

• IDEA 1997
• Established composition of IEP team
• and provided guidance on when to
• reconvene IEP meetings.

• IDEA 2004
• Retains IEP team composition,
• however, made a substantial change
• on attendance of IEP meetings.
• Excusal provision
• Modifications can be made to an IEP w/o
  reconvening team
• IEP meetings can be held by teleconference,
  video-conference, or other alternative means
• Revises requirements for transition meetings
• IEPs must contain goals for all students and only
  short-term objectives for most severely disabled
  students.

7
Response to Intervention

• Response to Intervention (RTI) is an
• array of procedures that can be used to
• determine if and how students respond to
• specific changes in instruction. RTI provides
• an improved process and structure for
• school teams in designing, implementing,
• and evaluating educational interventions.

8
Response to Intervention(RTI)

• Core Components of RTI
• Unifying Belief All kids can learn.
• Focus Problem-Solving and Problem-Analysis
• Evidenced Based Interventions
• Ongoing and sensitive progress monitoring of
  student response to interventions
• Data-based decision making

9
IDEA 2004 Legal Underpinnings for the Use of an
RTI Process

• Effective Instruction and Progress Monitoring
• LD Identification - New Flexibility
• Early Intervening Services
• Disproportionality

10
IDEA 2004 Legal Underpinnings for the Use of an
RTI Process

• Effective Instruction and Progress Monitoring
• To be considered for special education services
  based on a learning disability, a child must have
  been provided with effective instruction and
  their progress measured through data-based
  documentation of repeated assessments of
  achievement. Parents must be provided with the
  results of the student progress monitoring.
• Lack of appropriate instruction in reading or
  math and limited English proficiency must be
  ruled out

11
IDEA 2004 Legal Underpinnings for the Use of an
RTI Process

• LD Identification New Flexibility
• IDEA now gives school districts the option to
  eliminate IQ-discrepancy requirements
• In LD eligibility determinations, a district may
  use a process that determines if the child
  responds to scientific, research-based
  intervention as part of the evaluation.
• Sec. 614 (b)(6)

12
IDEA 2004 Legal Underpinnings for the Use of an
RTI Process

• Early Intervening Services
• School districts may use up to 15 of their
  federal IDEA funds for early intervening services
• Targets at-risk general education students who
  need additional academic and behavioral support
  to succeed in the general education setting.
• Funds may also be used for professional
  development for teachers and staff.
• Sec. 613 (f)

13
IDEA 2004 Legal Underpinnings for the Use of an
RTI Process

• Disproportionality and Early Intervening
• Services
• IDEA 2004 expands the provisions addressing
  disproportionate representation to cover
  disciplinary actions
• LEAs with significant disproportionality will be
  required to reserve the maximum amount of funds
  (15) for early intervening services to serve
  children in the LEA, particularly those who were
  significantly overrepresented.

14
The New IDEA Multi-tiered Model, Dual Criteria
Insufficient Response to Intervention

Significantly low underachievement
Tier 3 INTENSIVE Comprehensive evaluation by
multi-disciplinary team to determine eligibility.
Intensive 11 interventions for students w/
insufficient response to Tier 1 2. (5)
Academic
Behavior
Tier 2-TARGETED Targeted intensive prevention or
remediation for some students whose performance
and rate of progress lag behind the norm for
their grade and educational setting. (15)
Tier 1-UNIVERSAL High Quality instructional,
behavioral, and social-emotional supports for
ALL students in general education. (80)