IDEA 2004

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Table of Contents:

 
The Law Itself

Final Regulations

From the Feds

General Summaries

The Law Itself

 The "slip law" is the Public Law (P.L.) print of P.L. 108-446, the Individuals with Disabilities Education Improvement Act of 2004. It's available in PDF format and is 162 pages long.


And a text-only version of the law:

Final Regulations

Some time after passage of the statute come the federal regulations--in this case, on August 3, 2006. That's when Secretary of Education Margaret Spellings announced the release of final federal regulations for IDEA 2004. Publication of these regulations in the Federal Register occurred on August 14, 2006. T

 

The final regulations will guide implementation of the law in the United States and are the standard upon which state policies and rules must be based. (States may go beyond what federal regulations require, but their policies and rules must, at a minimum, be consistent with the federal regulations.)

A PDF version of the federal regulations, as posted in the Federal Register, August 14, 2006. 


Text-only version of the regs. 

A tad more complicated! At the link above, enter "34 CFR Parts 300 and 301" in the appropriate SEARCH box for 2006,* and the system will lead you to a text-only version of the regs published on August 14th. (Be prepared for multiple files here, cos the text-only version divides the regs up by sections and page numbers...)

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From the Feds

From OSERS and OSEP:


For authoritative input on the law, we look to the Office of Special Education and Rehabilitative Services (OSERS) and the Office of Special Education Programs (OSEP), within the Department of Education. These are the agencies within the federal government responsible for overseeing IDEA's implementation.

OSERS and OSEP have made a series of short summaries available on changes from the IDEA 97 to IDEA 2004. The topics are listed below.

  • Alignment with the No Child Left Behind Act
  • Changes in Initial Evaluations and Reevaluations
  • Children Enrolled by Their Parents in Private Schools
  • Discipline
  • Disproportionality and Overidentification
  • Early Intervening Services
  • Highly Qualified Teachers
  • Individualized Education Program (IEP)
  • Individualized Education Program (IEP) Team Meetings and Changes to the IEP
  • Local Funding
  • Part C Option: Age 3 to Kindergarten Age
  • I. Procedural Safeguards Regarding Surrogates, Notice and Consent
  • II. Procedural Safeguards Regarding Mediation and Resolution Sessions
  • III. Procedural Safeguards Regarding Due Process Hearings
  • Secondary Transition
  • State Funding


Statewide and Districtwide Assessments

OSEP's Tool Kit on Teaching and Assessing Students with Disabilities
The Tool Kit brings together the most current and accurate information, including research briefs and resources designed to improve instruction, assessment, and accountability for students with disabilities in a format that is easy to access and to understand. New resources will be added to the Tool Kit on an ongoing basis, bringing up-to-date guidance to educators so that students with disabilities can receive quality instruction, meet high expectations and achieve positive outcomes.


From the Congress...

IDEA: Guide to Frequently Asked Questions discusses key definitions, new provisions with respect to highly qualified teachers, funding, private schools, charter schools, new state policies, IEPs, procedural safeguards, discipline, and monitoring and enforcement.


Issues page, which provides links to such documents as: the Bipartisan House-Senate Conference Report on H.R. 1350; a summary of the bill; and four fact sheets on the bill, entitled (1) Special Education Reform: Supporting Teachers & Schools, Providing New Choices for Parents & Students; (2) Making Special Education Stronger for Students & Parents; (3) Reducing Unnecessary Lawsuits and Litigation in Special Education; and (4) Building on Historic Funding Increases for Special Education.

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General Summaries

It goes without saying, or surprise, that reauthorization of a law of IDEA's incredible power would generate a multitude of comments, analyses, and summaries. What's new? What's different? What's the same? Here is a long list of what has already hit the streets for all of us to use to understand the new law's requirements.

IDEA 2004: Overview, Explanation & Comparison.
Courtesy of Wrightslaw, this 56-page article describes the substantive changes to the five key statutes of IDEA 2004 by section and subsection. Text added to IDEA 2004 is in italics. Text deleted from IDEA 97 has been struck through.

IDEA: Analysis of Change Made by P.L. 108-446.
The Congressional Research Service, the part of the Library of Congress that serves as the research arm of Congress, has published an 47-page analysis of the new IDEA law.

A User's Guide.
The Consortium for Citizens with Disabilities (CCD) offers this 63-page guide on additions and deletions to IDEA brought about by the 2004 reauthorization and includes relevant information from the Conference Report, which articulates Congressional intent.

More from Wrightslaw.
Wrightslaw also makes available a number of other articles on IDEA 2004, including How Will IEPs Change Under IDEA 2004?; IDEA 2004: IEP Team Members & IEP Team Attendance; Requirements for Highly Qualified Special Ed Teachers, and Transition Services for Education, Work, Independent Living.

And from the Thompson Publishing Group...
IDEA: New Expectations for Schools and Students is hot off the press at Thompson. For a mere $149 introductory offer (with discounts for multiple copies), this book is designed as a tool for educators, administrators, school attorneys, school board members, and parents seeking to understand and implement the new law.

Summary of the 2004 IDEA.
Courtesy of the National Down Syndrome Congress (NDSC), this summary looks at the IEP process, due process, and discipline.

Summary of the new law.
Courtesy of the National Committee of Parents and Advocates Organized to Protect IDEA.

CEC's summary.
Courtesy of the Council for Exceptional Children.

Let's go section by section.
Courtesy of the Council of Parent Attorneys and Advocates (COPAA), take a look at the Comparison of H.R. 1350 (Individuals with Disabilities Education Improvement Act of 2004) and IDEA ‘97. You can download the entire comparison in PDF, or look at individual comparisons of Parts A, B, C, or D of the law and the new provisions for the National Center for Special Education Research.

A side-by-side analysis of transition requirements.
Courtesy of NCSET, the National Center on Secondary Education and Transition. The side-by-side analysis identifies major changes between IDEA 1997 and H.R. 1350 (IDEA 2004) concerning transition services for youth with disabilities.

And 200 pages from NASDSE.
NASDSE, the National Association of State Directors of Special Education, offers a 200-page side-by-side that compares current law to the amended law signed by President Bush on December 3rd. Individual copies are $15 each; bulk orders of 100 copies or more receive a 15% discount. To order your copy, send a check or purchase order to NASDSE, 1800 Diagonal Road., Suite 320, Alexandria, VA 22314, Attention: C. Burgman. The document is not available in electronic format.

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AASEP would like to thank National Dissemination Center for Children with Disabilities (NICHCY) for providing the information contained on this page.

Individuals with Disabilities Education Improved Act (IDEA 2004)

General Information

  • What is IDEA 2004? - PDF file.  The "slip law" is the Public Law (P.L.) print of P.L. 108-446, the Individuals with Disabilities Education Improvement Act of 2004. 162 pages long.  A text-only version is also available from THOMAS.
  • IDEA: Guide to Frequently Asked Questions - This PDF guide on the U. S. House of Representatives web site discusses key definitions, new provisions with respect to highly qualified professionals, funding, private schools, charter schools, new state policies, IEPs, procedural safeguards, discipline, and monitoring and enforcement.
  • Current Issues related to IDEA 2004 - Provides links to such documents as: the Bipartisan House-Senate Conference Report on H.R. 1350; a summary of the bill; and four fact sheets on the bill, entitled (1) Special Education Reform: Supporting Teachers & Schools, Providing New Choices for Parents & Students; (2) Making Special Education Stronger for Students & Parents; (3) Reducing Unnecessary Lawsuits and Litigation in Special Education; and (4) Building on Historic Funding Increases for Special Education.
  • The Office of Special Education and Rehabilitative Services (OSERS) and the Office of Special Education Programs (OSEP) - These are the agencies within the federal Department of Education responsible for overseeing IDEA's implementation. They've established this dedicated IDEA 2004 page.

Changes from IDEA 97 to IDEA 2004

This is a series of documents, prepared by the Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education, that covers a variety of high-interest topics and brings together the statutory language related to those topics to support constituents in preparing to implement the new requirements.  These documents address only the changes to the provisions regarding initial evaluations and reevaluations of IDEA that will take effect on July 1, 2005.  They do not address any changes that may be made by the final regulations.

  • Alignment with the No Child Left Behind Act - 1. Adds new definitions. Core Academic Subjects: the term “core academic subjects” means English, reading or language arts; mathematics; science; foreign languages; civics and government; economics; the arts; history; and geography...
  • Changes in Initial Evaluations and Reevaluations - 1. Adds provision for parental consent for initial evaluation for children who are wards of the state. If the child is a ward of the state and not residing with the child's parent, the agency must make reasonable efforts to obtain the informed consent from the parent of the child for an initial evaluation to determine whether the child is a child with a disability...
  • Children Enrolled by Their Parents in Private Schools - 1. Defines the provision for providing services. To the extent consistent with the number and location of children with disabilities in the state who are enrolled by their parents in private elementary schools and secondary schools in the school district served by a local educational agency (LEA), provision is made for the participation of those children in the program assisted or carried out under IDEA by providing for such children special education and related services in accordance with Section 612(a)(10)(A)...
  • Discipline - 1. Adds new authority for school personnel. School personnel may consider any unique circumstances on a case-by-case basis when deciding to order a change in placement for a child with a disability who violates a student conduct code...
  • Disproportionality and Overidentification- 1. Policies and procedures. The state has in effect, consistent with the purposes of IDEA and with Section 618(d), policies and procedures designed to prevent the overidentification or disproportionality by race and ethnicity of children as children with disabilities, including children with disabilities with a particular impairment described in Section 602 (Definitions)...
  • Early Intervening Services - 1. Adds “Early Intervening Services” to the Statute Under Local Educational Agency Eligibility. Allows a local educational agency (LEA) to use not more than 15 percent of the amount it receives under IDEA Part B for any fiscal year (less any amount reduced by the agency under Section 613(a)(2)(C)) in combination with other amounts (which may include amounts other than education funds), to develop and implement coordinated, early intervening services, which may include interagency financing structures, for students in kindergarten through grade 12 (with a particular emphasis on students in kindergarten through grade three) who have not been identified as needing special education or related services but who need additional academic and behavioral support to succeed in a general education environment...
  • Highly Qualified Teachers - 1. Adds a new definition. Highly Qualified: for any special education teacher the term “highly qualified” has the meaning given the term in Section 9101 of the Elementary and Secondary Education Act (ESEA) 1965,2 except that such term also...
  • Individualized Education Program (IEP) - Changes regarding present levels of educational performance. IEPs must include: Present levels of academic achievement and functional performance; and A statement of measurable annual goals, including both academic and functional goals IEPs must include a description of benchmarks, or short-term objectives only for children who take alternate assessments aligned to alternate achievement standards...
  • Individualized Education Program (IEP) Team Meetings and Changes to the IEP - 1. Members of the IEP team. The IEP Team is composed of the following persons:  The parents of a child with a disability; Not less than one regular education teacher (if the child is, or may be, participating in the regular education environment); Not less than one special education teacher, or when appropriate, not less than one special education provider; A representative of the local educational agency (LEA) who is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities; is knowledgeable about the general education curriculum; and is knowledgeable about the availability of resources of the LEA...
  • Local Funding - 1. Adds an exception to the local maintenance of effort (MOE) requirements. For any fiscal year (FY) for which the federal allocation received by a local educational agency (LEA) exceeds the amount received for the previous FY, the LEA may reduce the level of expenditures by not more than 50 percent of the excess...
  • I. Procedural Safeguards Regarding Surrogates, Notice and Consent - 1. Adds to the procedures for the appointment of a surrogate parent. In the case of a child who is a ward of the state, a surrogate parent may alternatively be appointed by the judge overseeing the child's care, provided that the surrogate meets the requirements of Section 615(b)(2)...
  • II. Procedural Safeguards Regarding Mediation and Resolution Sessions - 1. Requires that mediation[1] is available whether or not there is a due process hearing request3. Any state educational agency (SEA) or local educational agency (LEA) that receives assistance under IDEA shall ensure that procedures are established and implemented to allow parties to disputes involving any matter, including matters arising prior to the filing of a due process hearing request pursuant to Section 615(b)(6), to resolve such disputes through a mediation process...
  • III. Procedural Safeguards Regarding Due Process Hearings - 1. Adopts current regulations regarding who may request a due process hearing. Either the parent or the public agency may request a due process hearing with respect to any matter relating to identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to such child...
  • Secondary Transition - 1.  Changes in the purpose of IDEA: added “further education.” The purpose of IDEA is to ensure that all children with disabilities have available to them a free and appropriate public education (FAPE) that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment and independent living...
  • Statewide and Districtwide Assessments - 1. Removed references to “modifications in administration.”   2. Added reference to No Child Left Behind (NCLB). All children with disabilities are included in all general state and districtwide assessment programs, including assessments described under Section 1111 of the Elementary and Secondary Education Act (ESEA) of 1965,2 with appropriate accommodations and alternate assessments where necessary and as indicated in their respective individualized education programs (IEPs)...

General Summaries of IDEA

It goes without saying, or surprise, that reauthorization of a law of IDEA's incredible power would generate a multitude of comments, analysis, and summaries. What's new? What's different? What's the same? Here is a long list of what has already hit the streets for all of us to use to understand the new law's requirements.

  • IDEA 2004: Overview, Explanation & Comparison - PDF file.  Courtesy of Wrightslaw, this 56-page article describes the substantive changes to the five key statutes of IDEA 2004 by section and subsection. Text added to IDEA 2004 is in italics. Text deleted from IDEA 97 has been struck through.
  • IDEA: Analysis of Change Made by P.L. 108-446 - The Congressional Research Service, the part of the Library of Congress that serves as the research arm of Congress, has published an 47-page analysis of the new IDEA law.
  • A User's Guide - The Consortium for Citizens with Disabilities (CCD) offers this 63-page guide on additions and deletions to IDEA brought about by the 2004 reauthorization and includes relevant information from the Conference Report, which articulates Congressional intent.
  • More from Wrightslaw - Wrightslaw also makes available a number of other articles on IDEA 2004, including How Will IEPs Change Under IDEA 2004?; IDEA 2004: IEP Team Members & IEP Team Attendance; Requirements for Highly Qualified Special Ed Teachers, and Transition Services for Education, Work, Independent Living.
  • And from the Thompson Publishing Group... - IDEA: New Expectations for Schools and Students is hot off the press at Thompson. For a mere $149 introductory offer (with discounts for multiple copies), this book is designed as a tool for educators, administrators, school attorneys, school board members, and parents seeking to understand and implement the new law. Call 1.800.964.5815 to order, or read about the book online.
  • Summary of the new IDEA provisions - PDF file.  Side by Side Comparison of Senate Bill 1248 (as passed on May 13, 2004) and House Bill 1350 (as passed on April 30, 2003) with Parts A and B of the IDEA (Current Law) Courtesy of NAPAS, the National Association of Protection and Advocacy Systems, Inc.
  • Summary of the new law - MS Word document.  Courtesy of the National Committee of Parents and Advocates Organized to Protect IDEA.
  • CEC's summary - Courtesy of the Council for Exceptional Children.  The Individuals with Disabilities Education Act (IDEA) is the main federal program authorizing state and local aid for special education and related services for children with disabilities. On December 3, 2004, President Bush signed the Individuals with Disabilities Education Improvement Act (P.L. 108-446), a major reauthorization and revision of IDEA. The new law preserves the basic structure and civil rights guarantees of IDEA but also makes significant changes in the law.
  • Let's go section by section - Courtesy of the Council of Parent Attorneys and Advocates (COPAA), take a look at the Comparison of H.R. 1350 (Individuals with Disabilities Education Improvement Act of 2004) and IDEA ‘97. You can download the entire comparison in PDF, or look at individual comparisons of Parts A, B, C, or D of the law and the new provisions for the National Center for Special Education Research.
  • A side-by-side analysis of transition requirements - Courtesy of NCSET, the National Center on Secondary Education and Transition. The side-by-side analysis identifies major changes between IDEA 1997 and H.R. 1350 (IDEA 2004) concerning transition services for youth with disabilities.
  • And 200 pages from NASDSE - NASDSE, the National Association of State Directors of Special Education, offers a 200-page side-by-side that compares current law to the amended law signed by President Bush on December 3rd. Individual copies are $15 each; bulk orders of 100 copies or more receive a 15% discount. To order your copy, send a check or purchase order to NASDSE, 1800 Diagonal Road., Suite 320, Alexandria, VA 22314, Attention: C. Burgman. The document is not available in electronic format.