The New IDEA: Major Changes

Presentation to the Charter Schools SummitNovember 7, 2006Nancy Reder, Esq.Deputy Executive DirectorNASDSE

Ten Critical Issues

Alignment with the No Child Left Behind Act

Highly qualified teachersEarly intervening/Response to

InterventionPrivate schoolsNIMAS/NIMAC

Ten Critical Issues

IEPsProcedural safeguardsMonitoringDisciplineFunding issues

Highly Qualified Teachers

Highly Qualified Teachers (HQT) Must be fully certifiedThose teaching core content areas must be

highly qualified in contentConsultative teachers need not be highly

qualified in contentTeachers for those with significant cognitive

impairments have different standard

HQT and Charter Schools

Certification for teachers in charter schools depends on the state’s charter school lawOnly 14 states have any type of waiver

But remember – still need to have B.A. and demonstrate competency

More on HQT

Can use HOUSSE (high, objective, uniform state standard of evaluation) to demonstrate competence

IssuesPhaseout of HOUSSE ?Private schoolsRural and special ed teachers

Early Intervening§613(f) & 618(d); 300.226 & 300.646(b)(2)

15% of funds can be used to serve at-risk students – focus on early grades

When is this an LEA option and when is it a requirement?

No right to FAPE

Response to Intervention§614(b); 300.8(c)(10)

RtI is the practice of (1) providing high quality instruction/intervention matched to student needs and (2) using learning rate over time and level of performance to (3) make important educational decisions

RtI and Special Ed/General Ed

RtI is NOT something that happens in special ed

RtI IS something that happens in the general ed classroom

RtI IS related to the identification of students with learning and behavior disabilities

RtI Resources

Response to Intervention: Policy Considerations and ImplementationAvailable from www.nasdse.org

Additional resources (white paper; presentation) available at www.nasdse.org

www.IDEApartnership.orgwww.nrcld.org

Private School Students§612(a)(10);300.130-300.144

Highly qualified teachersLEA where private school is located has

new responsibilitiesChild FindProviding services and transportationMust consult with private schools on

services to be provided

More on Parentally Placed Private School Students

Need to provide equitable share – not the same as providing all services on the IEP

Preschool issues Private schools can file complaint with

SEA or the Secretary of Education

NIMAS/NIMAC§612(a)(23); 300.172

National Instructional Materials Accessibility Standard

NIMAC (Center)Addresses need for instructional

materials in accessible formats to persons who are blind or who have print disabilities

Resources: http://nimas.cast.org

IEPs§614(d); 300.320-300.328

IEP team IEP meetingsIEP content

Measurable annual goals, including both academic and functional

Transition issuesPlanning concernsStatement of Performance (SOP)

More on IEPs

Special ed and related services must be based on peer reviewed research to the extent practicable

Eliminated short-term objectives and benchmarks

Prohibition against requiring medication as a condition of school attendance

Definitions EXCLUDE surgically implanted medical devices (e.g., cochlear implants)

Procedural Safeguards§615; 300.500-330.520

Parent consent required prior to an initial evaluation, the initial provision of services and re-evaluations

Parent consent required for transition services personnel to be present at IEP meetings

Parent consent required to tap Medicaid

More on Procedural Safeguards

60-day timeline to complete initial evaluation (unless SEA has its own timeline)

Screening for instructional purposes is not an evaluation

Coordinate transfer of records Child cannot be determined to be child with a

disability if there is a lack of appropriate instruction in reading or math or LEP

More on Procedural Safeguards

Due Process complaintsTimelines for filing due process complaint –

2 year statute of limitationsNoticeTimelines for actionResolution process within 15 daysMediation optionalHearing within 45 daysAttorney fees

Monitoring§616; 300.600-300.609

Entire new section (616) on monitoringRequires development of 6-year state

performance plan (SPP) – were due December 2005

Annual reports on SPP (annual performance reports (APRs)) – first ones due in February 200720 indicators for Part B14 indicators for Part C

More on Monitoring

Interventions by the Secretary include:Suggestions for technical assistanceDirecting use of state-level fundsDevelopment of corrective action planWithholding of SEA funds

More on Monitoring

Approval process by SecretaryMeets requirementsNeeds assistance in implementing the

requirementsNeeds intervention in implementing the

requirementsNeeds substantial intervention in

implementing the requirements

More on Monitoring

SEAs to evaluate LEAs in the same mannerThe evaluations are not required to be

made public

Discipline§615(k); 300.530-300.537

Adds a new authority for school personnel to consider unique circumstances (when considering change of placement)

Adds “serious bodily injury” for interim removal

Short-term removalsLong-term removals

Discipline

Clarifies when services are required during disciplinary removals

Specifies when the LEA must give noticeNew standard for manifestation

determinationsFunctional behavior assessments added“Known or shown have known”

requirement

Funding Issues

Regs clarify that charter schools must be nonprofits to receive federal funding

Flow of funds:Feds >State>LEA>School building

(with exceptions)Federal funding dependent on

appropriations – not on what’s in authorizing legislation

Resources

www.nasdse.orgwww.ideapartnership.orghttp://idea.ed.govwww.ed.govhttp://nspd.rrfcnetwork.org/search/search

er.php [National State Policy Database (NSPD)]