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INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Public Law 108-446 Signed by President Bush Signed by President Bush 12/3/04 12/3/04 Prepared by RIDE/RITAP
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INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

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Page 1: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT

OF 2004 H.R. 1350 as Passed by Congress

11/19/04

Public Law 108-446Public Law 108-446

Signed by President BushSigned by President Bush

12/3/0412/3/04Prepared by RIDE/RITAP

Page 2: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

““America's schools educate over 6 America's schools educate over 6 million children with disabilities. In the million children with disabilities. In the

past, those students were too often past, those students were too often just shuffled through the system with just shuffled through the system with

little expectation that they could make little expectation that they could make significant progress or succeed like significant progress or succeed like

their fellow classmates. Children with their fellow classmates. Children with disabilities deserve high hopes, high disabilities deserve high hopes, high

expectations, and extra help.” expectations, and extra help.”

Page 3: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

ALIGNMENT OF IDEA & ALIGNMENT OF IDEA & NCLBNCLB

AccountabilityAccountability ChoiceChoice FlexibilityFlexibility Local ControlLocal Control

Page 4: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT

OF 2004

OVERVIEWOVERVIEW

Page 5: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

IDEA Conference Report IDEA Conference Report 11-17-0411-17-04

New Title: New Title: The Individuals with Disabilities The Individuals with Disabilities Education Improvement ActEducation Improvement Act

ThemesThemes– Making Special Ed. Stronger for Students & Making Special Ed. Stronger for Students &

ParentsParents– Ensuring School Safety & Reasonable DisciplineEnsuring School Safety & Reasonable Discipline– Supporting Teachers and SchoolsSupporting Teachers and Schools– Reforming Special Education Funding & Reforming Special Education Funding &

Building on Historic Funding IncreasesBuilding on Historic Funding Increases

Page 6: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

Making Special Ed. Stronger Making Special Ed. Stronger for Students and Parentsfor Students and Parents

Improving educational results for students with Improving educational results for students with disabilitiesdisabilities

Encouraging innovative approaches to parental Encouraging innovative approaches to parental involvement and parental choiceinvolvement and parental choice

Addressing the needs of home-schooled childrenAddressing the needs of home-schooled children Protecting parents from being forced to Protecting parents from being forced to

medicate their childrenmedicate their children Ensuring equitable participation of students in Ensuring equitable participation of students in

private schoolsprivate schools Improving early intervention strategiesImproving early intervention strategies Reducing over-identification/misidentification of Reducing over-identification/misidentification of

non-disabled childrennon-disabled children Strengthening accountability measures for Strengthening accountability measures for

statesstates

Page 7: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

Ensuring School Safety and Ensuring School Safety and Reasonable DisciplineReasonable Discipline

Giving teachers and schools greater Giving teachers and schools greater discretion to exercise reasonable discretion to exercise reasonable discipline and ensure safety for all discipline and ensure safety for all students.students.

Maintains the “manifestation Maintains the “manifestation determination” provisionsdetermination” provisions

Maintains provision of services for Maintains provision of services for suspensions over 10 days.suspensions over 10 days.

Page 8: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

Reducing Unnecessary Reducing Unnecessary Lawsuits and LitigationLawsuits and Litigation

Restoring trust and reducing Restoring trust and reducing litigationlitigation– ““Resolution sessions” Resolution sessions” – Statute of limitationsStatute of limitations– Encourage mediationEncourage mediation– Require “clear and specific” complaintsRequire “clear and specific” complaints

Reducing “frivolous” lawsuits & Reducing “frivolous” lawsuits & addressing attorney’s feesaddressing attorney’s fees

Page 9: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

Supporting Teachers and Supporting Teachers and SchoolsSchools

Reducing the paperwork burden on teachersReducing the paperwork burden on teachers– 15 state pilots: 3 year IEPs15 state pilots: 3 year IEPs– 15 state pilots on reducing paperwork15 state pilots on reducing paperwork

Supporting general and special ed. teachersSupporting general and special ed. teachers– State Professional Development GrantsState Professional Development Grants

Defining “highly qualified” for special ed. teachersDefining “highly qualified” for special ed. teachers– Must be certified in special ed.Must be certified in special ed.– Elementary certification for “most significant Elementary certification for “most significant

cognitive disabilities”cognitive disabilities”– New teachers: NCLB Standard in one core subjectNew teachers: NCLB Standard in one core subject– HOUSSEHOUSSE– NO extension of time frameNO extension of time frame

Page 10: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

Reforming Special Education Reforming Special Education Funding & Building on Funding & Building on

Historic Funding IncreasesHistoric Funding Increases Simplifying special education Simplifying special education

funding and building on funding funding and building on funding increasesincreases

Giving local communities more Giving local communities more control.control.– More flexibility around More flexibility around

“maintenance of effort”“maintenance of effort”– Redirect local resources consistent Redirect local resources consistent

with goals of NCLBwith goals of NCLB

Page 11: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

Effective DatesEffective Dates Parts A, B, C and D Subpart 1 (State Parts A, B, C and D Subpart 1 (State

Personnel Development Grants) :Personnel Development Grants) :– July 1, 2005July 1, 2005

Highly Qualified: Highly Qualified: Date of enactment Date of enactment (12/3/04)(12/3/04)

Subparts 2, 3, and 4 of Part D: Subparts 2, 3, and 4 of Part D: Date of Date of enactmentenactment

National Center for Special Ed. National Center for Special Ed. Research: Research: Date of EnactmentDate of Enactment– Research Plan: Research Plan: October 1, 2005October 1, 2005

Page 12: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

July 1, 2005July 1, 2005

Statutory Provisions that Pre-empt RI Statutory Provisions that Pre-empt RI RegulationsRegulations

Page 13: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

Overview of Implementation Overview of Implementation Process in RIProcess in RI

Higher Education Faculty – December ‘04Higher Education Faculty – December ‘04 RIC Course – January ‘05RIC Course – January ‘05 SEAC – February 10SEAC – February 10thth & March 17 & March 17thth ‘05 ‘05 ARIASE – March 17ARIASE – March 17thth ‘05 ‘05 Board of Regents Meeting – March 24Board of Regents Meeting – March 24th th ’05 ’05 Spring Leadership – April 11Spring Leadership – April 11thth ‘05 ‘05 Draft Federal Regulations – Late Spring ’05 Draft Federal Regulations – Late Spring ’05

(Expected)(Expected) Comment Period – 75 Days (Section 607)Comment Period – 75 Days (Section 607) Final Regulations – December ’05 (Expected)Final Regulations – December ’05 (Expected) Draft RI Regulations – January ‘06Draft RI Regulations – January ‘06 Comment Period – At least 30 DaysComment Period – At least 30 Days Board of Regents Adoption of RI Regulations – June Board of Regents Adoption of RI Regulations – June

‘06‘06

Page 14: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

Part A: Part A: General ProvisionsGeneral Provisions

Page 15: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

General ProvisionsGeneral Provisions S. 602 DefinitionsS. 602 Definitions

Assistive Technology DeviceAssistive Technology Device

Exception: The term does not include a Exception: The term does not include a medical device that is surgically medical device that is surgically implanted or the replacement of such implanted or the replacement of such devices.devices.

Universal Design: Consistent with Universal Design: Consistent with Assistive Technology Act of 1993Assistive Technology Act of 1993

Page 16: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

Definition of ParentDefinition of Parent(No Significant Change from Current (No Significant Change from Current

Practice)Practice)

Natural, adoptive, or foster parent (unless Natural, adoptive, or foster parent (unless prohibited by state)prohibited by state)

Guardian (but not the state if ward)Guardian (but not the state if ward) Individual acting in the place of a natural Individual acting in the place of a natural

or adoptive parentor adoptive parent Surrogate parentSurrogate parent Ward of the State: Foster child, state ward, Ward of the State: Foster child, state ward,

or custody of public welfare agencyor custody of public welfare agency

Page 17: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

Related ServicesRelated Services

New language: Includes school nurse New language: Includes school nurse services designed to enable a child services designed to enable a child with a disability to receive FAPE as with a disability to receive FAPE as described in IEPdescribed in IEP

Does not include a medical device Does not include a medical device that is surgically implanted or the that is surgically implanted or the replacement of such devicereplacement of such device

Page 18: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

S. 608 State Administration: S. 608 State Administration: Rulemaking Rulemaking

Ensure any state rules, regs and Ensure any state rules, regs and policies conform to IDEA ‘04policies conform to IDEA ‘04

RIDE to Notify in writing OSEP and RIDE to Notify in writing OSEP and LEAs LEAs anyany rule, regulation, or policy rule, regulation, or policy State Imposed requirement that is State Imposed requirement that is notnot required by Federal statute or required by Federal statute or regulationregulation

Minimize numbers of rules, regs, and Minimize numbers of rules, regs, and policies that impact LEAs policies that impact LEAs

Page 19: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

Highly Qualified SUMMARYSUMMARY

Highly Qualified has the same meaning for Special Education Teachers as ESEA

Teacher has obtained full state certification

No emergency waivers

Special requirements for teachers teaching to alternate achievement standards

Special requirements for teachers teaching 2 or more core academic subjects

IMPLICATIONS

RI examine existing policy and develop guidance, policy and procedures to ensure that special education teachers are highly qualified.

Page 20: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

CORE ACADEMIC SUBJECTS

SUMMARY Has the meaning

given the term in section 9101 of the Elementary and Secondary Education Act of 1965

IMPLICATIONS ESEA §9101(11) defines

“core academic subjects” to include: “English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography.”

Linked to “highly qualified” special education teachers who teach more than one core academic subject.

Page 21: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.
Page 22: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.
Page 23: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

Part B: Part B: Assistance for Assistance for

Education of All Education of All Children with Children with DisabilitiesDisabilities

Page 24: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

LEA Risk Pool: S. 611 (3)LEA Risk Pool: S. 611 (3)

Option to reserve 1% of the 10% of funds for Option to reserve 1% of the 10% of funds for state level activities to establish “risk pool”state level activities to establish “risk pool”

To assist LEAs to address needs of high need To assist LEAs to address needs of high need students with disabilitiesstudents with disabilities

Establish definition of “high need child with a Establish definition of “high need child with a disability” and assure cost is greater than 3 X disability” and assure cost is greater than 3 X average per pupil expenditure (APPE)average per pupil expenditure (APPE)

Placement neutral cost sharing and Placement neutral cost sharing and reimbursement programs of high need, low reimbursement programs of high need, low incidence, catastrophic or extraordinary aid incidence, catastrophic or extraordinary aid est. by 1/1/04….OK if in line with above.est. by 1/1/04….OK if in line with above.

Page 25: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

S. 612 State EligibilityS. 612 State Eligibility

IDEA ApplicationIDEA Application

Annual Performance Report (APR) – Annual Performance Report (APR) – Disaggregated DataDisaggregated Data

National Instructional Materials Accessibility National Instructional Materials Accessibility StandardStandard

SEA & LEA Prohibition on Mandatory SEA & LEA Prohibition on Mandatory MedicationMedication

Page 26: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

Parentally Placed Private Parentally Placed Private Schools Children with Schools Children with

DisabilitiesDisabilities

From this From this statutorystatutory language: language:““To the extent consistent with the number and location of To the extent consistent with the number and location of children with disabilities in the State who are enrolled by children with disabilities in the State who are enrolled by their parents in private elementary schools and secondary their parents in private elementary schools and secondary schools in the school district served by a local education schools in the school district served by a local education agency….” agency….”

We end up with a requirement that We end up with a requirement that children be serviced children be serviced in the school district served by the LEA (the LEA in the school district served by the LEA (the LEA where the Private School is located).where the Private School is located).

Language from Senate Report:Language from Senate Report:““The Senate report described this change as protecting The Senate report described this change as protecting “LEAs from having to work with private schools located in “LEAs from having to work with private schools located in multiple jurisdictions when students attend private multiple jurisdictions when students attend private schools across district lines.”schools across district lines.”

Page 27: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

Parentally Placed Private Parentally Placed Private Schools Children with Schools Children with

DisabilitiesDisabilities In the school district served by an LEAIn the school district served by an LEA Proportionate share of federal fundsProportionate share of federal funds Timely and meaningful consultation with Timely and meaningful consultation with

representatives of the private schoolrepresentatives of the private school Thorough and complete child findThorough and complete child find Services on the premises OKServices on the premises OK Supplanting prohibitedSupplanting prohibited Reports on numbers of children evaluated, Reports on numbers of children evaluated,

found eligible, and servedfound eligible, and served Private schools may complain to SEAPrivate schools may complain to SEA

Page 28: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

S. 613 LEA EligibilityS. 613 LEA Eligibility Annual plan that provides Annual plan that provides

assuranceassurance to the SEA that to the SEA that LEA meets required LEA meets required conditions.conditions.

New: Early Intervening New: Early Intervening Services (15%)Services (15%)

Page 29: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

Early Intervening ServicesEarly Intervening Services Capped at a portion of 15% of LEA Part B Capped at a portion of 15% of LEA Part B

fundsfunds May include interagency financing structuresMay include interagency financing structures K-12: emphasis on K-3K-12: emphasis on K-3 Not identified as eligible for special ed.Not identified as eligible for special ed. Need additional academic & behavioral Need additional academic & behavioral

support to succeed in general ed. support to succeed in general ed. environment.environment.

Activities: Professional Activities: Professional development,evaluations, services, supports, development,evaluations, services, supports, scientifically-based literacy instructionscientifically-based literacy instruction

No private right of action or right to FAPENo private right of action or right to FAPE Annual report to SEA requiredAnnual report to SEA required

– Numbers servedNumbers served– Number served who subsequently receive Number served who subsequently receive

special ed.special ed. Nonsupplanting of NCLB fundsNonsupplanting of NCLB funds

Page 30: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

S. 614 Evaluation S. 614 Evaluation ProceduresProcedures

Variety of assessment tools/strategiesVariety of assessment tools/strategies Function, developmental, AND Function, developmental, AND academicacademic Assessments provided in language Assessments provided in language and and

formform most likely to yield accurate most likely to yield accurate informationinformation

Provision for coordination when children Provision for coordination when children transfer from school to schooltransfer from school to school

New: Reevaluations not more than 1 X yr., New: Reevaluations not more than 1 X yr., unless parties agree otherwiseunless parties agree otherwise

Still every 3 yrs. unless parties agree Still every 3 yrs. unless parties agree unnecessary.unnecessary.

Page 31: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

Parent Consent/Absence of Parent Consent/Absence of ConsentConsent

Consent required for initial evaluation and Consent required for initial evaluation and provision of servicesprovision of services

Absence of Consent:Absence of Consent:– Initial evaluation: LEA may pursue using due Initial evaluation: LEA may pursue using due

process procedures/procedural safeguards (S. process procedures/procedural safeguards (S. 615)615)

– Services: LEA may not provide services or Services: LEA may not provide services or pursue using S. 615pursue using S. 615

– LEA not considered to be in violation of FAPELEA not considered to be in violation of FAPE– IEP meeting not requiredIEP meeting not required

Note: Screening not considered evaluation Note: Screening not considered evaluation for special ed. Eligibilityfor special ed. Eligibility

Page 32: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

Eligibility and Educational Eligibility and Educational NeedNeed

Exclusionary criteria: Lack of Exclusionary criteria: Lack of appropriate instruction in reading, appropriate instruction in reading, including the essential components of including the essential components of reading instructionreading instruction (NCLB) (NCLB)

New: Must address New: Must address educational needs educational needs of of the childthe child

Must address present levels of Must address present levels of academic academic achievement and related developmental achievement and related developmental needsneeds

No reeval required at graduation with No reeval required at graduation with regular diploma or aging outregular diploma or aging out

Requires “summary of performance” Requires “summary of performance” and recommendations for post-and recommendations for post-secondarysecondary

Page 33: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

Specific Learning DisabilitiesSpecific Learning Disabilities

Definition unchanged (Part A. S.602 Definition unchanged (Part A. S.602 (30)(30)

LEA shall not be required to use LEA shall not be required to use severe discrepancy.severe discrepancy.

LEA may use process that determines LEA may use process that determines if child responds to “scientific, if child responds to “scientific, research-based intervention research-based intervention as a part as a part of the evaluationof the evaluation…”…”

Page 34: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

S. 614 IEPsS. 614 IEPs

AttendanceAttendance ContentContent Secondary TransitionSecondary Transition TransfersTransfers Multi-year IEP DemonstrationsMulti-year IEP Demonstrations

Page 35: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

Individualized Education Programs

SUMMARYAttendanceAttendanceAttendance not necessary if the parent and the LEA agree in writing that the member’s area of curriculum or related services is not being modified or discussed

A member of the IEP Team may be excused from attending the meeting in whole or part if member’s area of curriculum or related services is being modified or discussed if parent and LEA agree in writing,and the member submits written input prior to the IEP meeting

IMPLICATIONSRI regulations would need to be revised and policy guidance developed to ensure statewide consistency with implementation of these requirements.

Documentation Requirements?

Page 36: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

Individualized Education Programs

(cont.)SUMMARY Content

Measurable annual goals including academic and functional goalsDescription of benchmarks or short-term objectives for children who take alternate assessments aligned to alternate achievement standardsHow progress towards annual goals will be measured and when periodic reports of this progress will be provided Beginning at age 16, appropriate measurable postsecondary goals related to training, education, employment, independent living skills and transition services including courses of study.including courses of study.

IMPLICATIONS Content

Current Current RI regulation include benchmarks and short term objectives for all students with disabilities, including those who take alternate assessments RI consider development of policy and guidance for how and when periodic reports of progress towards annual goals will be provided.Current RI regulations require transition services beginning at age fourteen.

Page 37: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

Individualized Education Programs (cont.)

SUMMARY

TransitionTransition-- When a child was served under Part C, the part C service coordinator or other representative be invited to the initial IEP meeting at the request of the parent.

The IEP Team shall consider the individualized family service plan and the IFSP may serve as the IEP of the child if consistent with State policy and agreed to by the agency and the child’s parents

IMPLICATIONSRI regulations currently require a transition team consisting of parent(s), LEA representative, and Early Intervention Program representative.

RI disseminate State policy and guidance for the IFSP serving as the IEP if agreed to by the agency and the child’s parents.

Page 38: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

Individualized Education Programs (cont.)

SUMMARYChanges to IEPChanges to IEP--

AAfter the annual IEP, parent and LEA may agree to not convene a meeting, rather develop a written document to amend or modify

Amendments- Changes may be made either by the entire IEP Team, or as above. Upon request, parents shall be provided with a copy of the entire revised IEP.

Consolidation of IEP Team Meetings

IMPLICATIONS

RI will need to consider these changes and develop policy guidance to ensure statewide consistency with implementation of these requirements.

Page 39: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

S. 615 Procedural S. 615 Procedural SafeguardsSafeguards

Procedural safeguards notice 1 X yr. Procedural safeguards notice 1 X yr. Plus:Plus:– Initial referral/request for evaluationInitial referral/request for evaluation– When complaint is filedWhen complaint is filed– Upon request by parentUpon request by parent– May post on websiteMay post on website– May use email at parent requestMay use email at parent request

Model Form by USDOE with final Model Form by USDOE with final regulationsregulations

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Due Process HearingsDue Process Hearings Complaints: 2 year statute of limitationComplaints: 2 year statute of limitation

Written “Due Process Complaint Notice” required (for both Written “Due Process Complaint Notice” required (for both parties)parties)

No due process hearing until notice is filedNo due process hearing until notice is filed

LEA: 10 days to file notice/response to complaintLEA: 10 days to file notice/response to complaint

Party may not raise issues not raised in notice unless Party may not raise issues not raised in notice unless agreed to by other partyagreed to by other party

Decisions on “substantive grounds” regarding FAPEDecisions on “substantive grounds” regarding FAPE

Procedural Violations: Procedural Violations: only if…only if…– Impeded right to FAPEImpeded right to FAPE– Impeded parents opportunity for participationImpeded parents opportunity for participation– Caused deprivation of educational benefitsCaused deprivation of educational benefits

Page 41: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

Attorney’s FeesAttorney’s Fees

May be awarded to SEA or LEA May be awarded to SEA or LEA Frivolous, unreasonable, or without Frivolous, unreasonable, or without

foundationfoundation Improper purpose, such as to harass, Improper purpose, such as to harass,

cause unnecessary delay, or cause unnecessary delay, or needlessly increase cost of litigationneedlessly increase cost of litigation

Page 42: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

Resolution SessionResolution Session Opportunity to resolve complaintOpportunity to resolve complaint Required prior to due process hearingRequired prior to due process hearing Unless LEA and parents agree in writing Unless LEA and parents agree in writing

to waive meeting or use mediation to waive meeting or use mediation No LEA attorneys unless parent has No LEA attorneys unless parent has

attorneyattorney 30 days from receipt of complaint to 30 days from receipt of complaint to

resolve complaint…if not, then due resolve complaint…if not, then due process hearing may occur.process hearing may occur.

Written settlement agreement-legally Written settlement agreement-legally bindingbinding– Three days review periodThree days review period

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MediationMediation

Written agreements legally bindingWritten agreements legally binding Enforceable in any state court or in Enforceable in any state court or in

U.S. District CourtU.S. District Court May file a complaint prior to May file a complaint prior to

requesting mediationrequesting mediation

Page 44: INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress 11/19/04 Public Law 108-446 Signed by President Bush 12/3/04.

Placement in Alt.Ed. Placement in Alt.Ed. SettingSetting

Case-by-Case: LEAs may consider “any Case-by-Case: LEAs may consider “any unique circumstances” for violations of unique circumstances” for violations of school codes of conductschool codes of conduct

No cessation of services No cessation of services Also receive functional behavioral Also receive functional behavioral

assessment, behavioral intervention assessment, behavioral intervention services/modifications, designed to services/modifications, designed to prevent behavior from reoccurring. prevent behavior from reoccurring.

Manifestation determination retainedManifestation determination retained Removal OK (45 Removal OK (45 schoolschool days) w/o days) w/o

manifestation determination if: drugs, manifestation determination if: drugs, weapons, or serious bodily injury.weapons, or serious bodily injury.

Placement during appeal – interim alternative Placement during appeal – interim alternative educational settingeducational setting

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New Section 616: New Section 616: Monitoring, TA, and Monitoring, TA, and

EnforcementEnforcement

Federal MonitoringFederal Monitoring

Compliance and PerformanceCompliance and Performance

Technical Assistance and EnforcementTechnical Assistance and Enforcement

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S. 617 AdministrationS. 617 Administration

Model forms required by date of final regsModel forms required by date of final regs– IEP IEP – IFSPIFSP– Notice of Procedural SafeguardsNotice of Procedural Safeguards– Prior Written NoticePrior Written Notice

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S. 618 Program Information S. 618 Program Information (Data Collection) (Data Collection)

New Collections RequirementNew Collections Requirement Report by subgroupsReport by subgroups Report percentage as well as numberReport percentage as well as number Disciplinary data;Disciplinary data;

– incidence/duration of disciplinary incidence/duration of disciplinary actions/suspensions of 1 day or moreactions/suspensions of 1 day or more

– Removal to alternative ed. settings/expelled Removal to alternative ed. settings/expelled compared to nondisabled peerscompared to nondisabled peers

Dispute Resolution dataDispute Resolution data Disproportionality by race and Disproportionality by race and ethnicityethnicity

– New: Disciplinary actionsNew: Disciplinary actions

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S. 619 Preschool GrantsS. 619 Preschool Grants

SEA may choose to use 619 state SEA may choose to use 619 state level funds to provide early level funds to provide early intervention (EI) services in intervention (EI) services in accordance with Part C accordance with Part C – Previously received Part C servicePreviously received Part C service– Until eligible to attend kindergartenUntil eligible to attend kindergarten

EI services shall include educational EI services shall include educational component that promotes school component that promotes school readinessreadiness

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Part C: Part C: Infants & Toddlers with Infants & Toddlers with DisabilitiesDisabilities

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INFANTS AND TODDLERSINFANTS AND TODDLERS

SUMMARYSUMMARY State option to State option to

extend Part C extend Part C services beyond services beyond age 3 – No FAPE age 3 – No FAPE ProvisionProvision

IMPLICATIONSIMPLICATIONS RI may choose to RI may choose to

submit state policy submit state policy developed jointly developed jointly by EI Lead Agency by EI Lead Agency and RIDE to and RIDE to continue EI until continue EI until kindergartenkindergarten

Parents could Parents could choose EI in lieu of choose EI in lieu of FAPE under Part BFAPE under Part B

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INFANTS AND TODDLERS

SUMMARY• Continuing Part C

Services becomes State option after appropriations trigger hits $460 million in current IDEA funding

IMPLICATIONS• Current status is

unknown. Additional information is being sought.

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Part D: Part D: National Activities to National Activities to Improve Educational Results Improve Educational Results for Children with Disabilitiesfor Children with Disabilities

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National Activities to Improve National Activities to Improve Educational Results for Children Educational Results for Children

with Disabilitieswith Disabilities

State Improvement Grants are now State State Improvement Grants are now State Personnel Development GrantsPersonnel Development Grants

CompetitiveCompetitive May give priority to states with greatest May give priority to states with greatest

personnel shortagespersonnel shortages Activities with direct benefit to LEAsActivities with direct benefit to LEAs Emphasis on special AND regular ed. Emphasis on special AND regular ed.

TeachersTeachers

National Activities to Improve Educational Results for Children with Disabilities

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Personnel Prep. TA, Model Personnel Prep. TA, Model Demo, and DisseminationDemo, and Dissemination

Personnel Development GrantsPersonnel Development Grants Technical Assistance Technical Assistance Studies and Evaluations: Moved to Studies and Evaluations: Moved to

Institute of Education Sciences (IES)Institute of Education Sciences (IES) Parent Training and Information Centers Parent Training and Information Centers

and Community Parent Resource Centers- and Community Parent Resource Centers- State and regionalState and regional– Must collaborate with RRCs and LABsMust collaborate with RRCs and LABs– Moved Protection and Advocacy from Moved Protection and Advocacy from

mandatory SEA activity to Part D, S. mandatory SEA activity to Part D, S. 671(b)(11)671(b)(11)

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NEWNEW Title II: Title II: National National

Center for Special Center for Special Education ResearchEducation Research

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National Center for Special National Center for Special Education ResearchEducation Research

Established within the Institute for Education Established within the Institute for Education SciencesSciences

MissionMission– To sponsor research & expand knowledge of needs of To sponsor research & expand knowledge of needs of

children with disabilities and to improve services under IDEAchildren with disabilities and to improve services under IDEA– Evaluate implementation/effectiveness of IDEA; in Evaluate implementation/effectiveness of IDEA; in

coordination withcoordination with– National Center for Education Evaluation and Regional National Center for Education Evaluation and Regional

AssistanceAssistance

– (12) Examine and incorporate universal design concepts in the development of standards, assessments, curricula, and instructional methods to improve educational and transitional results for children with disabilities

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INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT

OF 2004