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
What the Changes Mean
for Our Children
Sue Abderholden, MPH
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
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;
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. •
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.
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.
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.
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
Means research that involves the
application of rigorous, systematic, and
objective procedures to obtain reliable and
valid knowledge relevant to education
activities and programs
IDEA now permits the public agency to not conduct a reevaluation before terminating a student’s eligibility under IDEA when:
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.
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.
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
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.
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.
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.
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).