Presentation on theme: "Public Law Signed by President Bush 12/3/04"— Presentation transcript:
1 Public Law 108-446 Signed by President Bush 12/3/04 INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF H.R as Passed by Congress 11/19/04Public LawSigned by President Bush12/3/04Prepared by RIDE/RITAP
2 “America's schools educate over 6 million children with disabilities “America's schools educate over 6 million children with disabilities. In the past, those students were too often just shuffled through the system with little expectation that they could make significant progress or succeed like their fellow classmates. Children with disabilities deserve high hopes, high expectations, and extra help.”
3 ALIGNMENT OF IDEA & NCLB AccountabilityChoiceFlexibilityLocal Control
4 INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 OVERVIEW
5 IDEA Conference Report 11-17-04 New Title: The Individuals with Disabilities Education Improvement ActThemesMaking Special Ed. Stronger for Students & ParentsEnsuring School Safety & Reasonable DisciplineSupporting Teachers and SchoolsReforming Special Education Funding & Building on Historic Funding Increases
6 Making Special Ed. Stronger for Students and Parents Improving educational results for students with disabilitiesEncouraging innovative approaches to parental involvement and parental choiceAddressing the needs of home-schooled childrenProtecting parents from being forced to medicate their childrenEnsuring equitable participation of students in private schoolsImproving early intervention strategiesReducing over-identification/misidentification of non-disabled childrenStrengthening accountability measures for states
7 Ensuring School Safety and Reasonable Discipline Giving teachers and schools greater discretion to exercise reasonable discipline and ensure safety for all students.Maintains the “manifestation determination” provisionsMaintains provision of services for suspensions over 10 days.
8 Reducing Unnecessary Lawsuits and Litigation Restoring trust and reducing litigation“Resolution sessions”Statute of limitationsEncourage mediationRequire “clear and specific” complaintsReducing “frivolous” lawsuits & addressing attorney’s fees
9 Supporting Teachers and Schools Reducing the paperwork burden on teachers15 state pilots: 3 year IEPs15 state pilots on reducing paperworkSupporting general and special ed. teachersState Professional Development GrantsDefining “highly qualified” for special ed. teachersMust be certified in special ed.Elementary certification for “most significant cognitive disabilities”New teachers: NCLB Standard in one core subjectHOUSSENO extension of time frame
10 Reforming Special Education Funding & Building on Historic Funding Increases Simplifying special education funding and building on funding increasesGiving local communities more control.More flexibility around “maintenance of effort”Redirect local resources consistent with goals of NCLB
11 Effective DatesParts A, B, C and D Subpart 1 (State Personnel Development Grants) :July 1, 2005Highly Qualified: Date of enactment (12/3/04)Subparts 2, 3, and 4 of Part D: Date of enactmentNational Center for Special Ed. Research: Date of EnactmentResearch Plan: October 1, 2005
12 July 1, 2005Statutory Provisions that Pre-empt RI Regulations
13 Overview of Implementation Process in RI Higher Education Faculty – December ‘04RIC Course – January ‘05SEAC – February 10th & March 17th ‘05ARIASE – March 17th ‘05Board of Regents Meeting – March 24th ’05Spring Leadership – April 11th ‘05Draft Federal Regulations – Late Spring ’05 (Expected)Comment Period – 75 Days (Section 607)Final Regulations – December ’05 (Expected)Draft RI Regulations – January ‘06Comment Period – At least 30 DaysBoard of Regents Adoption of RI Regulations – June ‘06
15 General Provisions S. 602 Definitions Assistive Technology Device Exception: The term does not include a medical device that is surgically implanted or the replacement of such devices.Universal Design: Consistent with Assistive Technology Act of 1993
16 Definition of Parent (No Significant Change from Current Practice) Natural, adoptive, or foster parent (unless prohibited by state)Guardian (but not the state if ward)Individual acting in the place of a natural or adoptive parentSurrogate parentWard of the State: Foster child, state ward, or custody of public welfare agency
17 Related ServicesNew language: Includes school nurse services designed to enable a child with a disability to receive FAPE as described in IEPDoes not include a medical device that is surgically implanted or the replacement of such device
18 S. 608 State Administration: Rulemaking Ensure any state rules, regs and policies conform to IDEA ‘04RIDE to Notify in writing OSEP and LEAs any rule, regulation, or policy State Imposed requirement that is not required by Federal statute or regulationMinimize numbers of rules, regs, and policies that impact LEAs
19 Highly QualifiedSUMMARYHighly Qualified has the same meaning for Special Education Teachers as ESEATeacher has obtained full state certificationNo emergency waiversSpecial requirements for teachers teaching to alternate achievement standardsSpecial requirements for teachers teaching 2 or more core academic subjectsIMPLICATIONSRI examine existing policy and develop guidance, policy and procedures to ensure that special education teachers are highly qualified.
20 CORE ACADEMIC SUBJECTS SUMMARYHas the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965IMPLICATIONSESEA §9101(11) defines “core academic subjects” to include: “English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography.”Linked to “highly qualified” special education teachers who teach more than one core academic subject.
23 Part B: Assistance for Education of All Children with Disabilities
24 LEA Risk Pool: S. 611 (3)Option to reserve 1% of the 10% of funds for state level activities to establish “risk pool”To assist LEAs to address needs of high need students with disabilitiesEstablish definition of “high need child with a disability” and assure cost is greater than 3 X average per pupil expenditure (APPE)Placement neutral cost sharing and reimbursement programs of high need, low incidence, catastrophic or extraordinary aid est. by 1/1/04….OK if in line with above.
25 S. 612 State Eligibility IDEA Application Annual Performance Report (APR) – Disaggregated DataNational Instructional Materials Accessibility StandardSEA & LEA Prohibition on Mandatory Medication
26 Parentally Placed Private Schools Children with Disabilities From this statutory language:“To the extent consistent with the number and location of children with disabilities in the State who are enrolled by their parents in private elementary schools and secondary schools in the school district served by a local education agency….”We end up with a requirement that children be serviced in the school district served by the LEA (the LEA where the Private School is located).Language from Senate Report:“The Senate report described this change as protecting “LEAs from having to work with private schools located in multiple jurisdictions when students attend private schools across district lines.”
27 Parentally Placed Private Schools Children with Disabilities In the school district served by an LEAProportionate share of federal fundsTimely and meaningful consultation with representatives of the private schoolThorough and complete child findServices on the premises OKSupplanting prohibitedReports on numbers of children evaluated, found eligible, and servedPrivate schools may complain to SEA
28 S. 613 LEA EligibilityAnnual plan that provides assurance to the SEA that LEA meets required conditions.New: Early Intervening Services (15%)
29 Early Intervening Services Capped at a portion of 15% of LEA Part B fundsMay include interagency financing structuresK-12: emphasis on K-3Not identified as eligible for special ed.Need additional academic & behavioral support to succeed in general ed. environment.Activities: Professional development,evaluations, services, supports, scientifically-based literacy instructionNo private right of action or right to FAPEAnnual report to SEA requiredNumbers servedNumber served who subsequently receive special ed.Nonsupplanting of NCLB funds
30 S. 614 Evaluation Procedures Variety of assessment tools/strategiesFunction, developmental, AND academicAssessments provided in language and form most likely to yield accurate informationProvision for coordination when children transfer from school to schoolNew: Reevaluations not more than 1 X yr., unless parties agree otherwiseStill every 3 yrs. unless parties agree unnecessary.
31 Parent Consent/Absence of Consent Consent required for initial evaluation and provision of servicesAbsence of Consent:Initial evaluation: LEA may pursue using due process procedures/procedural safeguards (S. 615)Services: LEA may not provide services or pursue using S. 615LEA not considered to be in violation of FAPEIEP meeting not requiredNote: Screening not considered evaluation for special ed. Eligibility
32 Eligibility and Educational Need Exclusionary criteria: Lack of appropriate instruction in reading, including the essential components of reading instruction (NCLB)New: Must address educational needs of the childMust address present levels of academic achievement and related developmental needsNo reeval required at graduation with regular diploma or aging outRequires “summary of performance” and recommendations for post-secondary
33 Specific Learning Disabilities Definition unchanged (Part A. S.602 (30)LEA shall not be required to use severe discrepancy.LEA may use process that determines if child responds to “scientific, research-based intervention as a part of the evaluation…”
35 Individualized Education Programs SUMMARYAttendanceAttendance not necessary if the parent and the LEA agree in writing that the member’s area of curriculum or related services is not being modified or discussedA member of the IEP Team may be excused from attending the meeting in whole or part if member’s area of curriculum or related services is being modified or discussed if parent and LEA agree in writing,and the member submits written input prior to the IEP meetingIMPLICATIONSRI regulations would need to be revised and policy guidance developed to ensure statewide consistency with implementation of these requirements.Documentation Requirements?
36 Individualized Education Programs (cont.) SUMMARYContentMeasurable annual goals including academic and functional goalsDescription of benchmarks or short-term objectives for children who take alternate assessments aligned to alternate achievement standardsHow progress towards annual goals will be measured and when periodic reports of this progress will be providedBeginning at age 16, appropriate measurable postsecondary goals related to training, education, employment, independent living skills and transition services including courses of study.IMPLICATIONSContentCurrent RI regulation include benchmarks and short term objectives for all students with disabilities, including those who take alternate assessmentsRI consider development of policy and guidance for how and when periodic reports of progress towards annual goals will be provided.Current RI regulations require transition services beginning at age fourteen.
37 Individualized Education Programs (cont.) SUMMARYTransition- When a child was served under Part C, the part C service coordinator or other representative be invited to the initial IEP meeting at the request of the parent.The IEP Team shall consider the individualized family service plan and the IFSP may serve as the IEP of the child if consistent with State policy and agreed to by the agency and the child’s parentsIMPLICATIONSRI regulations currently require a transition team consisting of parent(s), LEA representative, and Early Intervention Program representative.RI disseminate State policy and guidance for the IFSP serving as the IEP if agreed to by the agency and the child’s parents.
38 Individualized Education Programs (cont.) SUMMARYChanges to IEP-After the annual IEP, parent and LEA may agree to not convene a meeting, rather develop a written document to amend or modifyAmendments- Changes may be made either by the entire IEP Team, or as above. Upon request, parents shall be provided with a copy of the entire revised IEP.Consolidation of IEP Team MeetingsIMPLICATIONSRI will need to consider these changes and develop policy guidance to ensure statewide consistency with implementation of these requirements.
39 S. 615 Procedural Safeguards Procedural safeguards notice 1 X yr. Plus:Initial referral/request for evaluationWhen complaint is filedUpon request by parentMay post on websiteMay use at parent requestModel Form by USDOE with final regulations
40 Due Process Hearings Complaints: 2 year statute of limitation Written “Due Process Complaint Notice” required (for both parties)No due process hearing until notice is filedLEA: 10 days to file notice/response to complaintParty may not raise issues not raised in notice unless agreed to by other partyDecisions on “substantive grounds” regarding FAPEProcedural Violations: only if…Impeded right to FAPEImpeded parents opportunity for participationCaused deprivation of educational benefits
41 Attorney’s Fees May be awarded to SEA or LEA Frivolous, unreasonable, or without foundationImproper purpose, such as to harass, cause unnecessary delay, or needlessly increase cost of litigation
42 Resolution Session Opportunity to resolve complaint Required prior to due process hearingUnless LEA and parents agree in writing to waive meeting or use mediationNo LEA attorneys unless parent has attorney30 days from receipt of complaint to resolve complaint…if not, then due process hearing may occur.Written settlement agreement-legally bindingThree days review period
43 Mediation Written agreements legally binding Enforceable in any state court or in U.S. District CourtMay file a complaint prior to requesting mediation
44 Placement in Alt.Ed. Setting Case-by-Case: LEAs may consider “any unique circumstances” for violations of school codes of conductNo cessation of servicesAlso receive functional behavioral assessment, behavioral intervention services/modifications, designed to prevent behavior from reoccurring.Manifestation determination retainedRemoval OK (45 school days) w/o manifestation determination if: drugs, weapons, or serious bodily injury.Placement during appeal – interim alternative educational setting
45 New Section 616: Monitoring, TA, and Enforcement Federal MonitoringCompliance and PerformanceTechnical Assistance and Enforcement
46 S. 617 Administration Model forms required by date of final regs IEP IFSPNotice of Procedural SafeguardsPrior Written Notice
47 S. 618 Program Information (Data Collection) New Collections Requirement Report by subgroupsReport percentage as well as numberDisciplinary data;incidence/duration of disciplinary actions/suspensions of 1 day or moreRemoval to alternative ed. settings/expelled compared to nondisabled peersDispute Resolution dataDisproportionality by race and ethnicityNew: Disciplinary actions
48 S. 619 Preschool GrantsSEA may choose to use 619 state level funds to provide early intervention (EI) services in accordance with Part CPreviously received Part C serviceUntil eligible to attend kindergartenEI services shall include educational component that promotes school readiness
50 INFANTS AND TODDLERS SUMMARY State option to extend Part C services beyond age 3 – No FAPE ProvisionIMPLICATIONSRI may choose to submit state policy developed jointly by EI Lead Agency and RIDE to continue EI until kindergartenParents could choose EI in lieu of FAPE under Part B
51 INFANTS AND TODDLERS SUMMARY Continuing Part C Services becomes State option after appropriations trigger hits $460 million in current IDEA fundingIMPLICATIONSCurrent status is unknown. Additional information is being sought.
52 Part D: National Activities to Improve Educational Results for Children with Disabilities
53 National Activities to Improve Educational Results for Children with Disabilities State Improvement Grants are now State Personnel Development GrantsCompetitiveMay give priority to states with greatest personnel shortagesActivities with direct benefit to LEAsEmphasis on special AND regular ed. TeachersNational Activities to Improve Educational Results for Children with Disabilities
54 Personnel Prep. TA, Model Demo, and Dissemination Personnel Development GrantsTechnical AssistanceStudies and Evaluations: Moved to Institute of Education Sciences (IES)Parent Training and Information Centers and Community Parent Resource Centers- State and regionalMust collaborate with RRCs and LABsMoved Protection and Advocacy from mandatory SEA activity to Part D, S. 671(b)(11)
55 NEW Title II: National Center for Special Education Research
56 National Center for Special Education Research Established within the Institute for Education SciencesMissionTo sponsor research & expand knowledge of needs of children with disabilities and to improve services under IDEAEvaluate implementation/effectiveness of IDEA; in coordination withNational Center for Education Evaluation and Regional Assistance(12) Examine and incorporate universal design concepts in the development of standards, assessments, curricula, and instructional methods to improve educational and transitional results for children with disabilities
57 INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004