IDEA 2004 Final Regulations Update - Page 2

Individualized Education Programs (IEPs)

IDEA 2004 established new provisions that allow members of the IEP team to be excused from attending IEP meetings under certain circumstances. The regulations clarify that the members who can be excused are:

• The regular education teacher
• The special education teacher
• The representative of the school district who is qualified to provide or supervise the provision of special education services
• Individual(s) who can interpret the instructional implications of evaluation results.

While IEP team members can only be excused if parents and the school provide written informed consent, the National Center for Learning Disabilities requested that federal regulations also clarify that the consent for excusal had to take place in advance of the IEP meeting. This requirement was not added to the final regulations.

IDEA 2004 included a new provision requiring the special education and related services, supplemental aids and services outlined on a student's IEP need to be based on "peer-reviewed research" to the "extent practicable."

While a definition of "peer-reviewed research" is not included in the final regulations, the Analysis of Comments and Changes indicate that "peer-reviewed research" refers to research that is reviewed by qualified and independent reviewers to ensure that the quality of the information meets the standards of the field before the research is published. According to the U.S. Department of Education, this new requirement establishes that schools must use methods that research has shown to be effective, to the extent that methods based on peer-reviewed research are available.

IDEA 2004 changed the requirement for periodic reports to parents regarding their child's progress toward attaining the annual goals in the IEP. While periodic reports continue to be required, these reports no longer need to provide information regarding whether the progress being made is sufficient to achieve the annual goal in the time specified. Additionally, periodic reports are no longer required to be given to parents as frequently as progress reports, such as report cards, are given to parents of non-disabled students. The National Center for Learning Disabilities had asked for final regulations to continue these two important provisions, however, these requirements were not included.

Draft IDEA 2004 regulations had eliminated important requirements regarding the accessibility of student's IEP to teachers and others responsible for implementation. The National Center for Learning Disabilities had requested that this language be restored and the final regulations reflect that request. Final regulations require that "each teacher and provider is informed of his or her specific responsibilities related to implementing the child's IEP; and the specific appropriate accommodations and supports that must be provided for the child in accordance with the IEP."

Summary of Performance

IDEA 2004 established a new requirement calling for a "summary of academic and functional performance" to be given to every student who exits special education by graduating with a regular diploma or exceeding the age for special education under state law.

The National Center for Learning Disabilities, along with other organizations concerned with the postsecondary experiences of students with disabilities that require documentation for services and accommodations, had requested additional regulatory language that would provide states with more guidance regarding the information to include in a performance summary. No further language was included in final regulations.

In its Analysis of Comments and Changes the U.S. Department of Education stated that it did not believe that IDEA regulations should require schools to conduct evaluations for children to meet the entrance or eligibility requirements of another institution or agency. To do so would impose a significant cost on schools and exceed requirements of IDEA 2004.

Given that the new requirement for the performance summary replaces the requirement for a re-evaluation upon exiting special education, the National Center for Learning Disabilities is disappointed that the final regulations provide no additional specifics that might help ensure that the summary is sufficient to support the needs of children with LD in postsecondary settings.