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IDEA Reauthorization Update

IDEA Reauthorization Update. January 2004. IDEA Update. Current legislative status Changes from IDEA, 1997 Personnel Evaluation/eligibility IEP process Procedural safeguards Discipline Monitoring Funding. Current Legislative Status. Delayed legislative timetable H.R.1350

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IDEA Reauthorization Update

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  1. IDEA Reauthorization Update January 2004 Education Service Center, Region 20

  2. IDEA Update • Current legislative status • Changes from IDEA, 1997 • Personnel • Evaluation/eligibility • IEP process • Procedural safeguards • Discipline • Monitoring • Funding Education Service Center, Region 20

  3. Current Legislative Status • Delayed legislative timetable • H.R.1350 • Senate Education Committee version • (S. 1248) • When will we have a new IDEA? Education Service Center, Region 20

  4. House Bill Adds definition of “highly qualified” matched to NCLB requirements Senate Bill Adds a more detailed definition of “highly qualified” Addresses the special education teacher who teaches more than one subject Personnel Education Service Center, Region 20

  5. House Bill Allows initial evaluation without parental consent Requires written consent for placement Adds waiver of reevaluation Includes functional and developmental information in evaluation Senate Bill Adds 60-day timeline Allows placement without consent for failure to respond Adds waiver of reevaluation Includes functional and developmental information in evaluation Evaluation/Eligibility Education Service Center, Region 20

  6. House Bill Ineligible if based on lack of scientifically based reading or mathematics instruction or limited English proficiency Removes severe discrepancy requirement Adds process based on failure to respond to instruction Senate Bill Ineligible if based on lack of scientifically based reading or mathematics instruction or limited English proficiency Removes severe discrepancy requirement Adds process based on failure to respond to instruction Evaluation/Eligibility (cont.) Education Service Center, Region 20

  7. House Bill Modifies requirement for changes in eligibility Senate Bill Allows exception to evaluation if granted regular diploma or if student is over age Evaluation/Eligibility (cont.) Education Service Center, Region 20

  8. House Bill Deletes short-term objectives Provides disclaimers on participation of regular teachers Authorizes excusing member attendance Senate Bill Deletes short-term objectives Adds excusal from participation provision IEP Process Education Service Center, Region 20

  9. House Bill Adds consideration of academic and developmental needs Requires consideration of positive behavior interventions Senate Bill Adds consideration of academic, developmental, and functional needs Requires provision of positive behavior interventions IEP Process Education Service Center, Region 20

  10. House Bill Limits when parents receive copy Beginning of year Request for evaluation Parent request Senate Bill Limits when parents receive copy One time per year, except… Initial referral Request for evaluation Filing of complaint Parent request Procedural Safeguards Education Service Center, Region 20

  11. House Bill Allows changes to IEP without meeting Allows alternative means for conducting meeting Adds procedures for three-year IEPs Senate Bill Allows changes to IEP without meeting Allows alternative means for conducting meeting Adds procedures for three-year IEPs Excludes medical devices from assistive technology devices IEP Process Education Service Center, Region 20

  12. House Bill Expands authority of school personnel to suspend or assign to alternative setting Expands authority of hearing officers Senate Bill Expands authority of school personnel to suspend or assign to alternative setting Expands authority of hearing officers Discipline Education Service Center, Region 20

  13. House Bill Deletes requirement for functional behavioral assessment and behavioral intervention plan Deletes references to manifestation determination Senate Bill Deletes requirement for behavioral intervention plan Determines manifestation based on failure to implement the IEP or behavioral interventions Discipline (cont.) Education Service Center, Region 20

  14. House Bill Shifts focus of state monitoring Adds indicators of progress for improving student performance Emphasizes the use of data Senate Bill Shifts focus of state monitoring Adds indicators of progress for improving student performance Emphasizes the use of data Monitoring Education Service Center, Region 20

  15. House Bill Provides flexibility in the use of funds Senate Bill Provides flexibility in the use of funds Funding Education Service Center, Region 20

  16. What’s Next? Appointment of a Joint Resolution Committee Joint Resolution approved by both Houses of Congress Bills sent to the President for signing into law Senate version to go to the floor for a vote USDOE drafting of final regulations Stay tuned for more information… Education Service Center, Region 20

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