Key Components of the “New IDEA”: IDEIA

1. Key Components of the “New IDEA”: IDEIA CAPHI Conference February 19, 2007 Sherwood Best, Ph.D.

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

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

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

5. The Concept of “Highly Qualified” • Applies to sped teachers teaching core academic subjects in public elementary & secondary schools • 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 • Does not apply to private school teachers, including those hired/contracted by LEA to teach parentally placed private school children w/ disabilities

6. The NCLB Definition of “Highly Qualified Teacher” • Meet the NCLB definition of “HQT” • 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 • Veteran teachers may demonstrate competency under “high objective uniform State standards of evaluation” (HOUSSE)

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

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

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

10. SPED Teachers Teaching Multiple Subjects • SPED teachers teaching 2 or more core academic subjects only to children w/ disabilities • Must meet HQT requirements for new or veteran teacher; or • If not a new teacher, must demonstrate competence (under HOUSSE), or; • 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.

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

12. Change in Related Services • Adds “teaching blind or visually impaired children to use service animals, as appropriate” • Exception to related services specifically excludes LEA responsibility for “surgically” implanted medical devices • School district personnel can check external components of these devices

13. Transition & Universal Design • Transition services • Services must be focused on academic & functional achievement • The child’s “strengths” must be taken into account • Universal design • 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

14. Part B – State Eligibility Requirements • That part of PL 118-446 that addresses state grants to LEAs for educating children w/ disabilities, 3-21. • 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.

15. Exceptions to FAPE • Regular high school diploma does not include an “alternative degree” that is not fully aligned w/ state academic standards (e.g., GED) • 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

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

17. Other Part B Changes • 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.” • Provision of sped & related services must support children w/ disabilities to progress in general education curriculum. • LEAs must provide supplemental aids & services necessary for children to participate in nonacademic & extracurricular activities.

18. Private School Children w/ Disabilities Enrolled by Parents (PSCD) • LEAs must locate, identify, & evaluate all children w/ disabilities in private schools located in the district served by the LEA. • Cost of individual evaluations may not be considered • 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 • PSCD may be provided sped & related services, including direct services

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

20. Access to Instructional Materials • SEAs must adapt National Instructional Materials Accessibility Standard (NIMAS) to provide instructional materials to blind persons or those w/ print disabilities • 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

21. Participation in Assessments • All children w/ disabilities must participate in all assessments, w/ accommodations & alternate assessments indicated on the IEP • SEA or LEA must provide guidelines for alternate assessments aligned w/ the State’s academic content & achievement standards • 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

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

23. Early Intervening Services • 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 sped but who need extra academic & behavioral support in the general ed environment • This provision cannot be used to limit FAPE or deny evaluation for children suspected of having a disability

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

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

26. New Information on LD • Eliminates severe discrepancy requirement for determination of LD • Process of eligibility must be based on a process based on scientific, research-based intervention (RTI). • 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) • Child does not respond to RTI • Problems not due to sensory, motor, MR, ED, cultural or environmental factors, or limited English proficiency

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

28. Changes to the IEP (con’t) • Changes in IEP content requirements as follows: • Appropriate accommodations necessary to measure the child’s academic achievement & functional performance on state or district assessments • 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.

29. Changes to the IEP (con’t) • Changes in IEP content requirements as follows: • Transition services begin at age 16, or younger if the IEP team determines they are appropriate, & are updated annually, to include: • Appropriate postsecondary goals based on age appropriate transition assessments related to training, education, employment, & where appropriate, independent skills. • 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.

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

31. Who is on the IEP Team • Same as for 1997 law, w/ addition of “Transition services participants”, invited by the LEA • A team members 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 • 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 • 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

32. IEPs in Effect • In considering an IFSP for 3-5, there is new contect: “an educational component that promotes school readiness & incorporates literacy, language, & numeracy skills.” • 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

33. IEPs in Effect • If a child transfers to a school in another state, that new 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 • 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.

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

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

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

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

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

39. Due Process • 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 • The changes seek to reduce number of hearings, especially those that had been filed after the child had exited school • Emphasis on mediation hopefully will also reduce complaints

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

41. Discipline Procedures • 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 nondisabled children. If they are removed for more than 10 days, there must be behavioral intervention. Functional behavioral assessment was retained, manifestation determination was streamlined

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

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

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

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

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

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

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