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IDEA 2004. What the Changes Mean for Our Children Sue Abderholden, MPH NAMI Minnesota. IDEA 2004. Signed in to law Dec. 3, 2004 The provisions of the act became effective on July 1, 2005 The final regulations were published on Aug. 14, 2006 The regulations took effect on

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idea 2004

IDEA 2004

What the Changes Mean

for Our Children

Sue Abderholden, MPH

NAMI Minnesota

idea 20042

IDEA 2004

Signed in to law Dec. 3, 2004

The provisions of the act became effective on July 1, 2005

The final regulations were published onAug. 14, 2006

The regulations took effect on

October 13, 2006

idea 20043

IDEA 2004

To ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living;

child with a disability

Child with a Disability

mental retardation,

a hearing impairment (including deafness), a speech or language impairment,

a visual impairment (including blindness),

a serious emotional disturbance (referred to in this part as ``emotional disturbance''),

an orthopedic impairment,


traumatic brain injury,

an other health impairment,

a specific learning disability,


or multiple disabilities,

and who, by reason thereof, needs special education and related services.

Does not have to fail or been retained in a course, and can be advancing from grade to grade. •

emotional disturbance

Emotional Disturbance

a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child's educational performance:

An inability to learn that cannot be explained by intellectual, sensory, or health factors.

(B) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.

(C) Inappropriate types of behavior or feelings under normal circumstances.

(D) A general pervasive mood of unhappiness or depression.

(E) A tendency to develop physical symptoms or fears associated with personal or school problems.

Emotional disturbance includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance under paragraph (c)(4)(i) of this section.

other health impairment

Other Health Impairment

means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that–

Is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome; and

Adversely affects a child's educational performance.

other health impairment7

Other Health Impairment

The list of acute or chronic health conditions in the definition of other health impairment is not exhaustive, but rather provides examples of problems that children have that could make them eligible for special education and related services under the category of other health impairment. We decline to include dysphagia, FAS, bipolar disorders, and other organic neurological disorders in the definition of other health impairment because these conditions are commonly understood to be health impairments.

specific learning disability
Specific Learning Disability
  • A State must adopt, criteria for determining whether a child has a specific learning disability
  • Must not require the use of a severe discrepancy between intellectual ability and achievement for determining whether a child has a specific learning disability,
  • Must permit the use of a process based on the child’s response to scientific, research-based intervention; and
  • May permit the use of other alternative research-based procedures for determining whether a child has a specific learning disability,
early intervening services
Early Intervening Services
  • Assist children who have not yet been identified as eligible for special education and related services but who need academic and behavioral support
  • Emphasis on K-3
  • Does not limit right to FAPE
  • Can’t be used to delay evaluation
early intervening services10
Early Intervening Services
  • Districts can use up to 15% of their funds
  • Can use funds to improve staff capacity to deliver scientifically based academic and behavioral interventions.
  • Providing educational and behavioral evaluations, services, and supports, including scientifically based literacy instruction
response to intervention
Response to Intervention

Sort out if child has a disability or if it is due to inadequacies in instruction or in the curriculum. Cannot delay evaluation.

Core concepts of an RTI approach are the systematic

  • Application of scientific, research-based interventions in general education;
  • Measurement of a child's response to these interventions; and
  • Use of the RTI data to inform instruction.
scientifically based research

Scientifically Based Research

Means research that involves the

application of rigorous, systematic, and

objective procedures to obtain reliable and

valid knowledge relevant to education

activities and programs

  • Can be requested by parent or school district
  • School must take reasonable efforts to obtain informed consent
  • Must be conducted within 60 days
  • No more than once a year unless parent and school agree (not formal consent)
  • Once every three years unless parent and school agree
  • Written notice if school disagrees, due process kicks in

IDEA now permits the public agency to not conduct a reevaluation before terminating a student’s eligibility under IDEA when:

  • the student graduates from secondary school with a regular diploma, or
  • when the student exceeds the age eligibility for FAPE under State law.
  • Diploma does NOT include GED
  • Identify the members of the IEP Team
  • Identify instances when an IEP Team member may not need to attend – parent and school must agree
  • Require that the notice inform parents of other IEP Team participants
  • Require that the IEP be accessible to teachers and others responsible for its implementation
  • changes to a child’s IEP midyear can be mdae without calling a meeting
  • the parent of a child with a disability and the public agency must agree
  • may develop a written document to amend or modify the child’s current IEP.
  • must ensure that the child’s IEP Team is informed of those changes
  • Parent must request a revised copy of the IEP

each regular teacher, special education teacher, related services provider, and any other service provider who is responsible for the implementation of a child's IEP, is informed of his or her specific responsibilities related to implementing the child's IEP and the specific accommodations, modifications, and supports that must be provided for the child in accordance with the child's IEP.

supplementary aids and services

Supplementary Aids and Services

The definition of supplementary aids and services in has been modified to specify that aids, services, and other supports are also provided to enable children with disabilities to participate in extracurricular and nonacademic settings.

  • Schools can consider unique circumstances on a case by case basis
  • Expands 45 day or less removal to include when the student has inflicted serious bodily injury upon another person (defined under federal law)
  • 45 school days not calendar days
manifestation determination
Manifestation Determination
  • caused by or had a direct and substantial relationship to
  • failure to implement IEP
  • no longer includes that the IEP was inappropriate
age of majority
Age of Majority

State must establish procedures for appointing the parent of a child with a disability, or if the parent is not available, another appropriate individual, to represent the educational interests of the child if, under State law, a child who has reached the age of majority, but has not been determined to be incompetent, can be determined not to have the ability to provide informed consent with respect to the child's educational program


The State must have policies and procedures designed to prevent the inappropriate over-identification or disproportionate representation by race and ethnicity of children as

  • children with disabilities, including children with disabilities with a particular impairment
  • placement in particular educational settings of these children;
  • incidence, duration, and type of disciplinary actions, including suspensions and expulsions (includes comparison to nondisabled children)

Cannot require parents to obtain a prescription for medication for a child as a condition of attending school, receiving an evaluation to determine if a child is eligible for special education services, or receiving special education and related services.

Permits classroom personnel to speak with parents or guardians regarding a child's academic and functional performance, behavior in the classroom or school, or the need for an evaluation to determine the need for special education or related services.

residential placement
Residential placement

If placement in a public or private residential program is necessary to provide special education and related services to a child with a disability, the program, including non-medical care and room and board, must be at no cost to the parents of the child.

outcome data
Outcome Data
  • Suspensions and expulsions
  • Removal from regular classroom
  • Graduation rates
  • Drop out rates
  • Participation and performance on statewide assessments
  • Parent involvement
  • Transition
  • Due process
outcome data28
Outcome Data

Fourth-fifths of the states are falling short of federal requirements for educating students with disabilities, the Education Department says. The states got their first-ever federal report cards this week judging them on how well they are implementing the nation's main special education law. The state-by-state results were posted on the Education Department's Web site Wednesday.

outcome data29
Outcome Data

States were required to provide information on: (1) specific new indicators; and (2) correction of any deficiencies identified in the Office of Special Education Programs’ (OSEP’s) SPP response letter sent to your State last year. States were also required to submit by February 1, 2007, an APR for Federal fiscal year (FFY) 2005 that describes the State’s: (1) progress or slippage in meeting the measurable and rigorous targets established in the SPP; and (2) any revisions to the State’s targets, improvement activities, timelines or resources in the SPP and justifications for the revisions. .. As you know, your State must report annually to the public on the performance of each local educational agency (LEA) located in the State on the targets in the SPP under IDEA section 616(b)(2)(C)(ii)(l).

  • Parent, Training and Information Centers
  • IDEA Partnership