IDEA Updates, Current Legislative Action,

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IDEA Updates, Current Legislative Action,
Advocacy

• Dr. Lynn R. Zubov
• Winston-Salem State University
• NC-CEC CAN Coordinator
• September 2007
• NC CEC Western Carolina Regional Conference
• ZubovL_at_wssu.edu

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IDEA Updates
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Definitions

• New, Modified, and Crossed Referenced

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Modified Definitions

• Supplementary aids and services
• Supplementary aids and services are now to be
  provided in extracurricular and nonacademic
  settings in addition to the general education
  classes other education-related setting

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Modified Definitions

• Child with a disability
• Tourette syndrome is now listed as a chronic or
  acute health problem under other health impaired
• Assistive technology
• IDEA 2004 clarifies that surgically implanted
  devices are not assistive technology devices
  (e.g. cochlear implants)
• National Instructional Material Accessibility
  Standards (NIMAS) guides the production and
  electronic distribution of digital versions of
  textbooks and other instructional materials so
  they can be more easily converted to accessible
  formats, including Braille and text-to-speech

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IEP

• Consent, Evaluation, Participation, and
  Eligibility

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Consent

• As with IDEA 97, IDEA 2004, requires that
  parent(s)/guardian(s) provide informed consent
  prior to an initial evaluation.
• Consent must be given in written form however
  e-mail is acceptable mode of communication

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Consent and Evaluation

• The timeline for initial evaluation is now 60
  days from the date of parental consent (unless
  the State has an established timeline),
• The 60-day timeline does not apply if
• parent repeatedly fail to produced the child for
  evaluation, or
• the child enrolls in another school district.
• If a parent does not provide consent for
  services, the LEA cannot use consent override
  procedures and will not be considered in
  violation of FAPE.

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Eligibility

• IDEA 2004 has only a few but important changes to
  eligibility.
• A child may not be determined eligible of if the
  main reason for poor academic performance was a
  lack of appropriate instruction or limited
  English proficiency, as defined in NCLB.
• The state can no longer require that a LEA use
  the discrepancy model.
• LEAs may to use opt a response-to-intervention
  (RTI) model.

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IEP Participants

• IDEA 2004 requires the same participants as the
  early law, however members of the team can be
  excused from all or part of the meeting, if
• The individuals curricular area or related
  service is not being addressed, or
• If the member provides written input for the
  meeting.
• In both cases the LEA and the parent most agree
  on the members absence

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IEP Participants

• An IEP Team meeting can be held without the
  childs parent(s) in attendance if the agency
  cannot convince the parents to attend
• If so, detailed records of attempts must be kept.

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IEP Contents

• There are two major changes, short-term
  objectives and transition planning
• Short-term objective
• According to the new law, the IEP no longer has
  to develop short-term objectives unless the child
  is participating in an alternative form of
  assessment

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IEP Contents

• Transition planning
• According to the new law, the IEP team must
  consider transition needs and develop a
  transition plan at age 16 instead of 14
• Additionally, IDEA 2004 requires that students
  who graduate or age-out must be provided with a
  written summary of academic and functional skills
  that include recommendations for assisting the
  student with postsecondary goal.

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IEP

• A students IEP can follow the student
• When a child moves from another state, the
  receiving state must either adopt the prior IEP
  or promptly conduct an evaluation
• Changes to the IEP may be made after the annual
  IEP team meeting without convening the entire IEP
  team meet if the parents and public agency agree
• However the IEP team must be informed of any
  changes

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Mandatory Medication Prohibition

• May not require a child to obtain a prescription
  of a controlled substance as a condition of
  attending school, receiving an evaluation, or
  receiving services under the IDEA.
• May still share observations of the students
  performance or behavior in the classroom or
  school with the parents.

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Due Process

• Procedural safeguards and disciplinary procedures

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Procedural Safeguards

• A parent is entitled to only one independent
  educational evaluation at public expense each
  time the parent disagrees with the agencys
  evaluation
• Generally, procedural safeguards notice are given
  to the parents 1 time a year

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• Discipline

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Disciplinary Procedures

• May of the provisions of IDEA 97 remain in place.
  
• However, inflicting serious bodily injury has
  been added to the special circumstances under
  which students can be placed in an interim
  setting for up to 45 days.
• Additionally, the 45 day period is now 45 school
  days.

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45-School Day Removal

• Adds infliction of serious bodily injury to list
  of offenses (including drugs and weapons)
  resulting in the 45-school day removal to Interim
  Alternative Educational Setting.
• Serious bodily injury means bodily injury that
  involves
• A substantial risk of death
• Extreme physical pain
• Protracted and obvious disfigurement or
• Protracted loss or impairment of a function of a
  bodily member, organ or faculty.

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Manifestation Determination

• If the behavior was a manifestation of the
  childs disability
• IEP team must conduct a functional behavioral
  assessment (FBA) and behavioral intervention plan
  (BIP) for the child, or review an existing plan
  and modify it as necessary to address the
  behavior.

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Manifestation Determination

• If the behavior is a manifestation, the child is
  returned to the pre-discipline placement, unless
  the parent and LEA agree otherwise.
• If the school decides to change placement, parent
  may request mediation or due process.

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Stay-Put

• Due process hearings to contest disciplinary
  actions.
• The student remains in the discipline setting
  pending the hearing officers decision or the
  expiration of the removal time, whichever occurs
  first, unless the parent and LEA agree
  otherwise.

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Current Legislative Action
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No Child Left Behind

• House Education and Labor Committee Releases
  Draft Legislation for the Reauthorization of No
  Child Left Behind, it includes
• Graduation rates for all students groups will be
  disaggregated
• Multiple measures of assessments are included
• Growth models are included
• The maximum "n size" for groups is capped at 30
• Response-to-Intervention is included as a
  possible intervention model or strategy for low
  performing schools
• Early intervening services are included as a
  possible component of a targeted assistance
  program
• States are required to engage in the development
  of a comprehensive plan to address the
  implementation of universal design for learning
  among items to support teaching and learning

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For NCLB to meet the needs of students with
exceptionalities, CEC has identified the
following areas, among others, for improvement

• A process must be developed to enable middle and
  high school special education teachers who teach
  multiple core subjects to demonstrate that they
  meet highly qualified requirements via a variety
  of methods.
• Student assessment must be changed to more fairly
  and accurately measure student progress.
• States must be allowed to measure students
  growth in achievement as well as their
  performance in relation to pre-determined levels
  of academic proficiency.
• Multiple indicators of student achievement, in
  addition to standardized tests, should be used to
  determine student and school performance.

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For NCLB to meet the needs of students with
exceptionalities, CEC has identified the
following areas, among others, for improvement

• School improvement plans should be allowed
  sufficient time to make a difference in student
  achievement before sanctions are applied.
• Further, sanctions should not be applied if they
  undermine existing effective reform efforts.
• NCLB must recognize and address the unique
  learning needs of students with gifts and talents
  to allow these students to realize their
  potential.
• NCLB funding must be increased.
• Fully funding NCLB must not reduce expenditures
  for other education programs.
• Funding must cover a substantial percentage of
  the cost states and districts will incur to carry
  out the law.

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CECs response to NCLD

• Furthermore, CEC is troubled that
• Little or no attention to students with gifts and
  talents, an issue that we address in greater
  detail below.
• The Committee has chosen to maintain the goal of
  proficiency for all students by 2014,
• And the overwhelmingly use of sanctions to punish

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Javits Funding

• The Jacob K. Javits Gifted and Talented grants
  program received 7.6 million for FY 2008,
• This is the same amount of funding that it
  received in FY 2007. 
• In perspective, FY 2008 IDEA Part B funding is
  11.2 billion.

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Javits Funding

• Senator Charles E. Grassley (R-IA), CEC's 2007
  Outstanding Public Service Award, is committed
  and continues works towards increasing the
  funding for gifted education

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Medicaid Reimbursements

• On September 7, 2007, the Centers for Medicare
  and Medicaid Services (CMS), issued a Notice of
  Proposed Rule Making that would eliminate
  Medicaid reimbursements for school transportation
  and administrative activities.
• The proposed regulations would eliminate federal
  Medicaid payments for administrative activities
  performed by school employees or contractors, or
  anyone under the control of a public or private
  educational institution.
• They would also eliminate Medicaid reimbursements
  for transportation from home to school and back
  for school-aged children with an Individualized
  Education Program (IEP) or an Individualized
  Family Services Plan (IFSP) under IDEA.

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What can you do?

• Let your voice be heard.
• Right your Senators and Representative
• Dont know who they are, go to
  http//www.cec.sped.org/
• click on Policy Adocacy, and than
• Legislative Action Center and enter your zip code