1. IDEIA - Key Components
EDSP 501
Sherwood Best, Ph.D.
CSULA
1

2. Presentation Resources
n Council for Exceptional Children (2005). What’s
new in the new IDEA? Frequently asked questions
and answers. Arlington, VA: Author.
n Mandlawitz, M. (2007). What every teacher
should know about IDEA 2004 laws and
regulations. Boston, MA: Prentice Hall.
n Turnbull, H.R. III, Stowe, M. J., & Huerta, N. E.
(2007). Free appropriate public education: The
law and children with disabilities. Denver: Love.
2

3. PL 108-446
(New IDEIA)
n Signed in law by George W. Bush on 12/3/04
n Represents an alignment w/ the Elementary and
Secondary Education Act (now known as No
Child Left Behind or NCLB)
n Now organized as 4 Parts
u Part A – General
u Part B – State Eligibility
u Part C – Infants & Toddlers w/ Disabilities
u Part D – National Activities To Improve Education of
children w/ Disabilities
3

4. Part A - General
n That part of PL 118-446 that governs broad
aspects of the federal law
n “Child w/ a Disability”
u Adds Tourette syndrome under OHI
u Developmental disability may be used to
categorize children age 3-9, including age 3-5
n Adds requirement of children educated in
“core academic subjects”, using NCLB
definition of English, reading and language
arts, mathematics, science, foreign
language, civics and government,
economics, arts, history, and geography.
4

5. The Concept of
“Highly Qualified”
n Applies to sped teachers teaching core academic
subjects in public elementary & secondary schools
n Public elementary or secondary teachers who are
not teaching core academic subjects are highly
qualified if they meet the requirements for sped
teachers or alternative route requirements
n Does not apply to private school teachers,
including those hired/contracted by LEA to teach
parentally placed private school children w/
disabilities
5

6. The NCLB Definition of
“Highly Qualified Teacher”
n Meet the NCLB definition of “HQT”
u New teachers who teach core academic subjects
must have an academic major or advanced
degree or pass a competency exam in each core
academic area taught
u Veteran teachers may demonstrate competency
under “high objective uniform State standards
of evaluation” (HOUSSE)
6

7. Highly Qualified:
Requirements for SPED Teachers
n Meet the NCLB definition plus:
u Have state sped certification or have passed
state licensing exam & have license to teach
sped;
u Have not had certification or licensure waived
on emergency, temporary, or provisional basis;
and,
u Have a bachelor’s degree.
7

8. Highly Qualified:
Alternative Routes to Certification:
n Teachers can meet the requirement Under “all
special education teachers” if they:
u Receive pre-service and on-going high quality
professional development, have intensive
supervision, teach for not more than 3 years
under alternate certification;
u Demonstrate satisfactory progress toward
certification; and,
u The State ensures that they meet
these requirements
8

9. SPED Teachers Teaching Children Under
Alternative Achievement Standards
n Applies to teachers teaching core academic
subjects to child assessed under alternative
standards
n Must meet NCLB HQT requirements for
new or veteran teacher; or
n Meet NCBL requirements for elementary
teachers or middle or high school teachers
w/ subject knowledge appropriate to the
level of instruction being provided
9

10. SPED Teachers Teaching
Multiple Subjects
n SPED teachers teaching 2 or more core
academic subjects only to children w/
disabilities
u Must meet HQT requirements for new or
veteran teacher; or
u If not a new teacher, must demonstrate
competence (under HOUSSE), or;
u If a new teacher, who is HQ in math, language
arts, or science, must demonstrate competence
in core academic requirements under HOUSSE
no later than 2 years after being hired.
10

11. Special Education HOUSSE
n State may develop separate HOUSSE for
sped teachers
u Provided it does not establish a lower standard
for content knowledge than the regular
education HOUSSE
u Which may be a single HOUSSE
Evaluation covering multiple
subjects
11

12. Change in Related Services
n Adds “teaching blind or visually impaired
children to use service animals, as
appropriate”Service/signal/ companion Animals: Monkeys, dogs, etc.
Exception to related services
specifically excludes LEA responsibility
for “surgically” implanted medical
devices(cochlear implants)
n School district personnel can
check external components of
these devices
12

13. Transition & UD
n Transition services
u Services must be focused on academic &
functional achievement
u The child’s “strengths” must be taken into
account
n Universal design
u The law allows states to use federal funds to
support technology w/ UD principles, requires
assessments to apply these principles, & directs
research toward incorporating UD into standards,
curricula, assessments, & instructional methods
13

14. Part B – State Eligibility
Requirements
n That part of PL 118-446 that addresses state grants
to LEAs for educating children w/ disabilities,
3-21.
n FAPE – provision of sped and related services to
support children w/ disabilities to progress in the
general ed curriculum. Children who do not fail or
are not retained and who progress from grade to
grade continues to be eligible for sped & related
services, unless the IEP team makes an individual
determination that those services & supports are
no longer necessary.
14

15. Exceptions to FAPE
n Regular high school diploma does not
include an “alternative degree” that is not
fully aligned w/ state academic standards
(e.g., GED)
n FAPE does not apply to children 3-5,
eligible for preschool services, but whose
parents opt for their children to remain in
Part C services
15

16. Nonacademic Services
n LEAs must take steps, including provision
of supplementary aids & services through
the IEP process, to provide nonacademic &
extracurricular services & activities
n PE must be made available to children w/
disabilities, unless PE is not provided to
non-disabled children in the same grades as
the disabled children
16

17. Other Part B Changes
n States must not use funding mechanisms based on
types of settings that result in “failure to provide a
child with a disability FAPE according to the
unique needs of the child, as described in the
child’s IEP.”
n Provision of sped & related services must support
children w/ disabilities to progress in general
education curriculum.
n LEAs must provide supplemental aids & services
necessary for children to participate in
nonacademic & extracurricular activities.
17

18. Private School Children
w/ Disabilities Enrolled
by Parents (PSCD)
n LEAs must locate, identify, & evaluate all children
w/ disabilities in private schools located in the
district served by the LEA.
n Cost of individual evaluations may not be
considered
n LEAs include PSCD who reside in state other than
the state where the private school they attend are
located – the responsibility has shifted from the
district of origination to the district of attendance
n PSCD may be provided sped & related services,
including direct services
18

19. Performance Goals &
Indicators
n Must conform to the State’s definition of
“adequate yearly progress” – AYP – under NCLB
n AYP is established by each state to demonstrate
student progress on assessments based on the
State’s academic achievement standards.
n Students w/ disabilities are a special subgroup
under NCLB, & data on those students’ progress
must be disaggregated & publicly reported
n States may develop alternate achievement standards
for students w/ significant cognitive disabilities
19

20. Access to Instructional Materials
n SEAs must adapt National Instructional
Materials Accessibility Standard (NIMAS)
to provide instructional materials to blind
persons or those w/ print disabilities
n SEAs are responsible for ensuring, in a
timely manner, that instructional materials
in accessible formats are available to other
children w/ disabilities who are not blind or
persons w/ print disabilities
20

21. Participation in
Assessments
n All children w/ disabilities must participate in all
assessments, w/ accommodations & alternate
assessments indicated on the IEP
n SEA or LEA must provide guidelines for alternate
assessments aligned w/ the State’s academic
content & achievement standards
n SEA must report on the number of children
receiving accommodations on regular
assessments, the number taking alternate
assessments, & a comparison of the performance
of children w/ disabilities w/ all children, on those
assessments 21

22. Overidentification
n SEAs must adopt policies & procedures to
avoid overidentification & disproportionate
representation by race & ethnicity of
children as children w/ disabilities
22

23. Early Intervening
Services
n LEAs may use not more than 15% of funds
to develop & implement early intervening
services for students, grades k-12 (focus on
K-3) who are not currently identified as
needing special education but who need
extra academic & behavioral support in the
general education environment
n This provision cannot be used to limit FAPE
or deny evaluation for children suspected of
having a disability
23

24. Initial Evaluation & Reevaluation
n Both parents & agency personnel may
request initial evaluation
n School districts may use procedural
safeguards procedures to override parents’
lack of consent for initial evaluation but are
not required to do so
n Prohibits LEA from providing services
without parental consent. In the past, the
LEA could provide services without
parental consent – not now
24

25. Evaluation Procedures
n Assessments must be provided in child’s
native language or communication mode
most likely to yield accurate information
n Data are needed to determine “present
levels of achievement & related
developmental needs”
n LEA must provide a summary of academic
achievement & functional performance,
including recommendations to assist child
on meeting postsecondary goals.
25

26. New Information on LD
Learning disability
n Eliminates severe discrepancy requirement
for determination of LD
n Process of eligibility must be based on a
process based on scientific, research-based
intervention (RTI).
u Child does not achieve for age or fails to meet SEAs
grade level standards in one or more of the areas (oral
expression, listening comprehension, written
expression, basic reading skills, reading
comprehension, math calculation & math reasoning)
u Child does not respond to RTI
u Problems not due to sensory, motor, MR, ED, cultural
or environmental factors, or limited English proficiency
26

27. Changes in the IEP
n Eliminates STOs/benchmarks & retains them only
for children taking alternate assessments
n Transition requirement to age 14 is deleted
n Changes to IEP content requirements as follows:
u Language includes present levels of academic
achievement & functional performance
u Language includes measurable annual goals,
including academic & functional goals
u When periodic progress reports will be
provided (e.g., like report cards)
u Sped & related services & supplementary aids
& services, based on peer-reviewed research to
the extent practicable.
27

28. Changes to the IEP (con’t)
n Changes in IEP content requirements as
follows:
u Appropriate accommodations necessary
to measure the child’s academic
achievement & functional performance
on state or district assessments
u If alternate assessment is chosen by the
IEP team, a statement of why the child
can’t participate in regular assessment &
why the alternate assessment chosen is
appropriate.
28

29. Changes to the IEP (con’t)
n Changes in IEP content requirements as follows:
u Transition services begin at age 16, or younger
if the IEP team determines they are appropriate,
& are updated annually, to include:
F Appropriate postsecondary goals based on
age appropriate transition assessments
related to training, education, employment,
& where appropriate, independent skills.
F Transition services, including courses of
study, needed to assist in reaching goals.
No other additional information required to be
included in the IEP beyond what is explicitly
mentioned in this section.
29

30. Comments on IEP Changes
A major change is the elimination of STOs/
benchmarks, which were included to assist parents
to measure their child’s progress. State can continue
to include these if they want. The team decides
appropriate supplementary aids & services, based on
peer-reviewed research to the extent practicable.
Peer-reviewed research is not defined in regulations,
but it seems that this reference is to independent
qualified researchers to be sure that information
meets standards in the field. This could add a real
burden to the IEP team. Transition is now required
at age 16 with a requirement of transition planning
at 16 30

31. Who is on the IEP Team
n Same as for 1997 law, w/ addition of “Transition
services participants”, invited by the LEA
n A team member is not required to attend part or all
of a meeting if parents & LEA agree, in writing,
that attendance is not necessary, if that member’s
curriculum area or related service will not be
discussed or modified
n Team members can still be excused if their
curriculum area or related services is being
discussed as long as they provide written input to
parents & team before the meeting
n Part C service coordinator or other Part C
representative must be invited to initial IEP
meeting. Parents must be notified about Part C
coordinator or representative participation
31

32. IEPs in Effect
n In considering an IFSP for 3-5, there is new
content: “an educational component that
promotes school readiness & incorporates
literacy, language, & numeracy skills.”
n If child transfers to another LEA within the
state during the school year, that LEA must
provide FAPE w/ services comparable to
what was in the IEP, until previous IEP is
adopted or a new one is written &
implemented (Not identical but comparable) 32

33. IEPs in Effect
n When a child transfers, the receiving school
must take reasonable steps to promptly
obtain records, including IEP & other
documents, & sending school must
reasonable steps to respond promptly to this
request.
33

34. Development, Review, & Revision
of the IEP
n If changes are made after the annual
meeting:
u Parents & LEA may agree not to convene but
can modify/amend the existing document
u If amendments/modifications are made without
a meeting, IEP team must be informed of these
changes
u Upon request, parents must be given a copy of
the amended IEP
u Parents & LEA can agree to meet via video
conference & conference calls 34

35. Multi-Year IEP Concept
n 15 states were chosen to pilot a multi-year (up to 3
year) IEP
n Must be optional to parents in participating states
n Must include a review at natural transition points
n The IEP can be amended
n If child is not making sufficient progress, a more
thorough review must be conducted within 30 days
n Parents are entitled to only 1 independent
evaluation at public expense each time the LEA
conducts an assessment w/ which parents disagree
35

36. Procedural Safeguards
n Copy of procedural safeguards given to
parents only one time in a school, except
when also given:
u At initial referral or parental request for
evaluation
u Upon receipt of SEA complaint & receipt of
due process complaint
u According to discipline provisions
u At parent’s request
u LEAs may post procedural safeguards notice on
their websites
36

37. Procedural Safeguards
n Procedural safeguards notice has the
following additions:
u Timelines for filing complaints through the due
process or State complaint procedures
u Opportunity for agency to resolve the
complaint
u The difference between the two procedures
u Timelines for filing civil actions
u Parents can elect to receive these materials
through email
37

38. Procedural Safeguards
n Mediation changes:
u May also be used for disputes about issues
arising from filing due process complaint
u For parties that opt out of mediation, LEA may
afford an opportunity to meet w/ disinterested
party to explain the benefits of mediation
u SEA must select mediators at random,
rotational, or other impartial basis.
u If dispute is resolved through mediation, a
legally binding agreement must be executed &
signed by parents & agency representative
38

39. Due Process
n Parents & LEAs can now file complaints. There is
a new notice requirement that must be filed by the
complaining party. There is a time limitation for
filing complaints
n The changes seek to reduce number of hearings,
especially those that had been filed after the child
had exited school
n Emphasis on mediation hopefully will also reduce
complaints
39

40. There will be a separate
presentation on the details of due
process, resolution, hearing,
hearing decision, civil actions, &
attorney fees
40

41. Discipline Procedures
n There is now an explicit language allowing
children w/ disabilities to be removed for
violations of the LEA student conduct code.
For infractions that include “serious bodily
injury”, removals can extend beyond the 45-
day period if these removals also apply to
non-disabled children. If they are removed
for more than 10 days, there must be
behavioral intervention. Functional
behavioral assessment was retained,
manifestation determination was
streamlined
41

42. There will be a separate
presentation of new discipline
requirements & changes
42

43. Other Changes to Part B
n States must monitor LEA implementation
n Focus of monitoring on “improved educational
results & functional outcomes”
n Monitoring prioities include LRE &
disproportionate representation of ethnic & racial
resulting in inappropriate placement
n State must use quantifiable indicators to measure
FAPE, LRE, & disproportionate representation
n States must submit an annual performance plan,,
based on “measurable & rigorous targets”
43

44. Enforcing PL 108-446
n After 2 consecutive years:
u Advises SEA of technical assistance & directs
funds there
u Identifies SEA as “high risk” & imposes
conditions
n If after 3 consecutive years:
u Secretary requires corrective action/
improvement plan
u Compliance agreement
u Withhold 20%-50% of SEA’s funds until
correction is achieved
u Refer to Department of Justice 44

45. Part C – Early Intervention
n That part of PL 118-446 that provides state grants
for early intervention services to infants &
toddlers w/ disabilities & their families, 0-3
n Services are based, to the extent practicable, on
scientifically based research
n Emphasis in training on the social & emotional
development of young children.
n Public awareness targets families of premature
infants or those w/ physical risk factors associated
w/ learning or developmental problems.
45

46. Part C – Early Intervention
n Services now include an educational component
promoting school readiness & incorporating pre-
literacy, language, & numeracy skills.
n Substantial cases of trauma due to exposure to
family violence trigger automatic referral for Part
C services.
n IFSP services continue while eligibility
determination is being made
n If parents choose, child may receive FAPE under
Part B.
n The State is not required to provide preschool for
preschool children served under Part C.
46

47. Part C – Early Intervention
n Effort to promote collaboration among Head Start,
early education, & child care programs , & Part C.
n Includes language to include homeless infants &
young children & their families.
n State Interagency Coordinating Council must
now include representatives from Medicaid
(Medi-cal in California) programs, educational
programs for homeless children, & agencies
responsible for foster care & for children’s mental
health.
47

48. Part C – Early Intervention
n State reserve funds may be used for:
u Provision of Part C intervention services to
children eligible for preschool who previously
received early intervention until they entered
preschool
u Continue service coordination or case
management for families receiving services
under Part C
48