1 The Individuals with Disabilities Education Improvement Act (IDEA 2004) Implementation Training Spring/Summer 2005

2 Desired Outcome Participants will understand the changes in IDEA 2004 that were implemented on July 1, 2005.

3 Format of the Session Topic Presented Written Questions Collected

4 Individuals with Disabilities Education Improvement Act IDEA 2004 (P.L ) Effective July 1, 2005 HAR, Chapter 56 remains in effect when it provides greater benefit to the child and parent

5 Evaluation

6 Evaluation/Re-evaluation Changes Assessments State Assessment Data Parental Consent

7 Assessments …use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information

8 Administered in the language and form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is not feasible to provide or administer Assessments Additional Requirement:

9 State Assessment Data In the review of existing evaluation data, the IEP team shall review state assessment data (Hawaii State Assessment/Alternate Assessment)

10 20 days60 days Initial Evaluation

11 Parental Consent  After eligibility is determined, informed consent is needed before providing special education and/or related services  If parents agree to continue the process an IEP will be developed

12 Parent Refuses to Consent If parents refuse or fail to respond to the request for consent:  a meeting will not be held to develop an IEP and  special education and related services (FAPE) will not be provided

13 The parents will be given 5 calendar days to grant or refuse consent.  The parent will be informed that they have 5 days to make a decision.  No response after 5 days ends the timeline

14 Individualized Education Program (IEP)

15 Individualized Education Program Present Levels of Performance Goals and Objectives Participants at the Initial IEP for a Preschool Child Attendance at Meetings IEP Amendments Consolidation of IEP Meetings

16 Present Levels of Performance Academic achievement, such as  Student’s performance and progress in the general curriculum  Performance on statewide, district, and/or schoolwide assessments  Strengths and needs  SDRT/SESAT Functional performance, such as:  Social/emotional/behavioral  Physical Independence/Mobility  Communication  Independent Living

17 Goals and Objectives A statement of measurable annual goals, including academic and functional goals… Continue to write goals, including benchmarks or short-term objectives

18 Required IEP Participants An Administrator or Designee The Parents The Student, whenever appropriate At least 1 special education teacher of the child At least 1 general education teacher of the child An individual who can interpret the instructional implications of evaluation results Related services providers or individuals who have knowledge or special expertise regarding the child*

19 An Additional Participant at the Initial IEP for a Preschool Child At the parent’s request, a Part C representative will be invited to the initial IEP meeting for a child who received services under Part C.

20 Attendance at IEP Meetings Required members of the IEP team may be excused from attendance for all or part of the IEP meeting.

21 The parent and the administrator must both agree to an excusal. The agreement must be in writing. Excusal from IEP Meetings

22 Whenever an area of curriculum or services delivered by the excused member is to be discussed--- written input will be provided to the parent and IEP team members prior to the meeting. Excusal from IEP Meetings, cont.

23 IEP Amendments without a Meeting After the annual IEP is developed, the parent and principal may agree not to hold a meeting and instead develop a written document to amend or modify the IEP.

24 IEP Amendments without a Meeting, cont. Making amendments without meeting should be utilized only to make minor adjustments to the IEP. A revised copy of the IEP, with the amendments incorporated will be given to the parents.

25 IEP Amendments without a Meeting, cont. The consent to amend an IEP without a meeting must be in writing. All IEP team members must be informed and provide input as appropriate. Amendments will be documented on a Prior Written Notice (PWN) Upon agreement, amendments will be incorporated into the IEP and a copy of the revised IEP provided to the parent.

26 Consolidation of IEP Meetings Whenever possible – schools are encouraged to consolidate reevaluation meetings and other IEP meetings for the child.

27 Secondary Transition

28 Secondary Transition: Definition “…results-oriented process, that is focused on improving the academic and functional achievement…”

29 Secondary Transition…. : Transition Plan in the IEP appropriate measurable postsecondary goals based upon age-appropriate transition assessments transition services needed (including course of study)

30 Summary of Performance

31 Summary of Performance School must provide a summary of: (1) academic achievement and (2) functional performance with (3) recommendations to assist the student in meeting postsecondary goals

32 Summary of Performance (1) Academic Achievement  Most recent academic scores (reading and math)  Report card from final year  Progress reports from the IEP  Other (2) Functional Performance (skill level)  Social/emotional/ behavioral  Independence/Mobility  Communication  Independent Living

33 Summary of Performance…. Post-Secondary Outcomes (from Transition Plan) Student’s Status toward Achievement of Post-Secondary Goals (Goals in IEP) (3) Recommendations for Post-School Actions To Assist the Student Academic Vocational Community Participation Independent Living Related services

34 Summary of Performance Must be provided to students leaving the system upon: Graduation Exceeding the age of eligibility (aging out at 20 years)

35 Discipline

36 Discipline: Children not yet eligible A school is deemed to have no knowledge that a student has a disability when: Parent refused to consent for initial evaluation Parent refused to consent to the initial provision of services Child evaluated and found not eligible for services

37 Discipline…. School may remove student to an Interim Alternative Education Setting (IAES) for 45 days for: Possession of a weapon Possession or use of illegal drugs Added in 2004: Inflicts serious bodily injury * Injury with risk of death *Extreme physical pain *Obvious disfigurement *Loss/impairment of function of body part or mental function

38 Procedural Safeguards

39 Procedural Safeguards Procedural Safeguards Notice Due Process Requests  Statute of Limitations  Response to Due Process Request  Sufficiency of Hearing Request  Resolution

40 Procedural Safeguards Notice (PSN) formerly the Parent and Student Rights brochure The new Procedural Safeguards Notice is available online on the Department’s homepage ( The PSN will be given to parents upon request: for evaluation for a copy of the Procedural Safeguards Notice

41 Procedural Safeguards Related to Due Process Requests Statute of limitations  Within two years of parents knowledge of alleged actions  Within ninety days of parent’s unilateral placement of child in private school, if requesting reimbursement  Does not apply if parent was prevented from requesting the hearing due to: Misrepresentations Withholding of information

42 Response to Due Process Request within 10 days of receipt of request, the non-complaining party (school or parent) must send a written response to the complaining party.

43 Sufficiency of Hearing Request Within 15 days, the hearing officer and the other party must be notified in writing if the hearing notice is thought to be insufficient.  The hearing officer has 5 days to determine the sufficiency of the notice.

44 Resolution Session Parents and the relevant members of the IEP team meet to discuss and resolve the issues of the complaint

45 Resolution Session, cont. Held within 15 days of receipt of request for hearing unless both parties: agree to go to mediation or agree in writing to waive Agreement to be reached within 30 days. Written agreement is legally binding. 3 business days to void