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IDEA 2004 Brief Summary of Changes and New Provisions |
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Note: Most provisions in the new IDEA
become effective July 1, 2005.
Alignment with No Child Left Behind
The new IDEA contains more than 40 references to the Elementary and Secondary Education Act of 1965, also known as No Child Left Behind. These references range from new provisions that allow IDEA funds to be used for activities required under NCLB and new requirements for the qualifications of special education teachers to a variety of new requirements dealing with the assessments of students with disabilities. With this new alignment to the nation's main education law, it is critical for parents to understand several of NCLB's most important provisions.
Note: See NCLD's recent publication, "" for information and guidance on how parents can use key provisions to help improve the academic performance of their students with learning difficulties.
Complaints
A new provision requires that a complaint must be limited to a violation that occurred not more than 2 years before the date the parent or school district knew or should have known about the alleged action.
Consent for Services
Schools must obtain informed parental consent before providing special education and related services to a child. Should a parent refuse to consent to the provision of services, the school district may not use procedures such as mediation and due process in order to provide services.
Discipline
Changes to provisions covering the treatment of students who violate a code of student conduct allows school personnel to make decisions regarding a change in placement on a case-by-case basis. Provisions to conduct a manifestation determination and to continue educational services in alternative settings have been maintained.
Dispute Resolution
Changes allow the use of mediation without first requiring the filing for a hearing and also introduce a new "Preliminary Meeting" that can be used to seek a resolution prior to a due process hearing. Additionally, new provisions substantially change the awarding of attorneys' fees.
Evaluation Before Graduation
The new bill makes it clear that schools are not required to perform an evaluation before termination of a child's eligibility due to graduation from secondary school with a standard diploma or due to exceeding the age eligibility for a free appropriate public education.
Federal Funding
While the new bill provides an authorization schedule for federal appropriations that is designed to achieve the full federal commitment by year 2011, appropriations are not mandatory and will, therefore, be subject to the yearly appropriations process.
Highly Qualified Teachers
NCLB calls for a highly qualified teacher in every public school classroom by the 2005-2006 school year. To align IDEA with NCLB, and provide guidance for states and schools on how special education teachers can meet the highly qualified standard, the bill requires all special education teachers be certified in special education. New special education teachers teaching multiple subjects must meet the NCLB highly qualified standard in at least one core subject area (language arts, math, or science) and will have two years from the date of employment to take advantage of certain NCLB provisions to demonstrate competence in other core subject areas.
Individualized Education Programs (IEPs)
IEPs must contain measurable annual goals and a description of how the child's progress toward meeting those goals will be measured and reported, such as quarterly reports to parents. Additionally, special education and related services and supplementary aids and services must be based on peer-reviewed research to the extent practicable. Appropriate measurable postsecondary goals must be included in the IEP beginning no later than the first IEP to be in effect when the child is 16. Any transition services needed to assist the child in reaching those goals must be included.Additional new provisions encourage districts to consolidate IEP meetings with reevaluation meetings and to use alternative means of meeting participation when conducting IEP team meetings, such as conference calls and video conferences. Changes to IEPs in effect can be made without convening the IEP team if both the school district and parent agree.
IEP Team Attendance
A member of the IEP team can be excused from attending the IEP meeting, in whole or in part, if the parent and school district agree that attendance is not necessary because the member's area of curriculum or related services is not being modified or discussed, or because the member has submitted input to the team in writing. Such agreements must be in writing.
Notice of Procedural Safeguards
Schools must distribute a copy of the procedural safeguards once per year, upon initial referral or request for evaluation, upon filing of a complaint, and upon request by a parent.
Over-identification of Minorities
A new provision requires states to have policies and procedures that are designed to prevent the inappropriate over-identification or disproportionate representation by race and ethnicity of children as students with disabilities.
Paperwork Reduction and Multi-Year IEP Pilot Program
New provisions call for pilot programs in not more than 15 states to carry out activities designed to reduce paperwork burdens, enhance educational planning, improve positive outcomes for children with disabilities, promote collaboration between IEP team members and ensure satisfaction of family members. Additionally, up to 15 states can apply to take part in a pilot program focused on the development of a comprehensive, multi-year IEP.
Prohibition of Mandatory Medication
A new provision requires states to prohibit state and local school district personnel from requiring a child to obtain a prescription for a substance covered by the Controlled Substance Act as a condition of attending school, receiving an evaluation or receiving services under IDEA.
Request for Evaluation
The bill clarifies that a parent may initiate a request for an initial evaluation to determine if a child has a disability.
Special Rule for Eligibility
Expanded provision precludes schools from finding a child to be a child with a disability if the determinant factor for such determination is lack of appropriate instruction in reading, including in the essential components of reading instruction as defined in No Child Left Behind.
Specific Learning Disabilities
A new provision releases schools from the current regulatory requirement that a child must show a severe discrepancy between achievement and intellectual ability in order to be determined to have a specific learning disability. Additionally, schools may begin to use a process that determines if the child responds to scientific, research-based intervention as a part of the evaluation procedures as defined in IDEA. Note: See NCLD's Frequently Asked Questions on Changes to the Identification & Eligibility Procedures for Specific Learning Disability (SLD) for more information on these new provisions.
Summary of Performance
A new provision requires schools to provide a summary of a child's academic achievement and functional performance upon the termination of services. Such a summary must include recommendations on how to assist the child in meeting the child's postsecondary goals.
Time frame for Evaluation
A new provision requires that an initial evaluation be completed within 60 days of receiving parental consent for the evaluation, unless the state has established a time frame within which the evaluation procedure must be completed.
Transferring From One School District to Another
New provisions direct school districts to provide services to students with IEPs who transfer into a new school, including services comparable to those described in the previously held IEP. The new school must take steps to promptly obtain the child's records for the previous school and the previous school must take steps to promptly respond to such requests. For students who did not have an IEP in effect, but for whom an evaluation had begun, districts are required to promptly complete the evaluation. Making the No Child Left Behind Act Work for Children Who Struggle to Learn: A Parent's Guide.
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