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Transcript of U.S. Department of Education Office of Special Education Programs Building the Legacy: IDEA 2004...
U.S. Department of EducationOffice of Special Education Programs Building the Legacy: IDEA 2004
IDEA 2004 Part B Regulations:
Critical Issues
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Introduction Received comments from more than
5500 commenters Compared to over 6000 comments in
1997 Consisted of three (3) major parts
Regulations (25%) Analysis of comments and changes
(70%) Other TA documents (5%)
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
D iscipline R/E RtI/EIS I EPs M onitoring H QT P rivate schools N IMAS PS Procedural Safeguards
DR/EIM–HPN(PS)
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
DR/EIM–HPN(PS) Discipline RtI/EIS IEPs Monitoring HQT Private schools NIMAS Procedural Safeguards
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Discipline
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issues: DisciplineAdds new authority to consider unique circumstances, case-by-case basis
Expands removal authority for serious bodily injury
Establishes new standards for manifestation determinations
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issues: Discipline Specifies when:
The child’s IEP Team determines services
School personnel, in consultation with at least one of the child’s teachers, determine the extent to which services are needed
The IEP Team determines the interim alternative educational setting
The LEA must give parental notice related to a disciplinary removal
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issues: Discipline
Retains protections if “basis of knowledge” for children not yet determined eligible
Establishes exceptions to the agency’s basis of knowledge
Revises and clarifies due process hearing provisions including expedited hearing procedures for discipline
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Response to Intervention (RTI) and
Early Intervening Services (EIS)
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issues: RTI Must not require the use of a severe
discrepancy Must permit the use of a process based
on the child’s response to scientific, research-based intervention, and
May permit the use of other alternative research-based procedures for determining whether a child has SLD
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issues: RTI SLD identification - Components of Comprehensive Evaluation
RTI does not replace a comprehensive evaluation
Must use a variety of data-gathering tools and strategies even if RTI is used
Results of RTI may be one component of the information reviewed
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issues: RTI SLD identification - Components of Comprehensive Evaluation (cont) Must use a variety of assessment
tools/strategies Cannot rely on single procedure as the
sole criterion for determining eligibility Each State must develop criteria to
determine whether a child has a disability
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issues: EIS
Committee Report:
…and early intervening services to reduce the need to label children as disabled in order to address the learning and behavioral needs of such children
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issues: EIS Adds “early intervening services” for:
Not more than 15% of amount LEA receives
K-12 with an emphasis on K-3 Not currently identified Those students who need additional
academic and behavioral support to succeed in general education environment
Allows child previously identified to receive EIS
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issues: EIS Significant disproportionality by
race/ethnicity: In the case of a determination of
significant disproportionality…reserve the maximum amount of funds…to provide…early intervening services to serve children in the LEA, particularly, but not exclusively…children in those groups that were significantly overidentified
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issues: EISAllows the following activities:
Professional development The provision of:
Educational and behavioral evaluations Services Supports Scientifically-based literacy instruction
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issues: EIS
Relationship to FAPE: Nothing in this section shall be construed
to either limit or create a right to FAPE under Part B or to delay appropriate evaluation of a child suspected of having a disability
Regardless of LEA use of funds for EIS, FAPE remains an entitlement
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Individualized Education Programs
(IEPs) and Changes in Initial Evaluations and
Reevaluations
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issues: IEPs/Evals
Not everyone must attend an IEP Team meeting If the area discussed is not being modified Parents and school agree in writing Written information shared prior to the
meeting Requires that if changes are made to an
IEP without an IEP meeting, the public agency must ensure that the child’s IEP team is informed of the changes
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issues: IEPs/Evals Contents of IEP
If IEP Team determines the child must take an alternate assessment, it must include a statement of why the child cannot participate and why the particular alternate assessment selected is appropriate for the child
Deleted the requirement for a statement of secondary transition service needs beginning at age 14
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issues: IEPs/Evals
Students who transfer Within State and between States,
must share IEP to ensure implementation and FAPE is provided for children with disabilities when transfer is from one public agency to another
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issues: IEPs/Evals
A public agency may pursue an initial evaluation by utilizing Part B’s procedural safeguards, however, the public agency does not violate obligations to locate, identify and evaluate the child if it does not pursue initial evaluation
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issues: IEPs/Evals
An initial evaluation must be conducted within: 60 days of receiving parental
consent for the evaluation; or The timeframe established by the
State, if the State has established such a timeframe
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Monitoring, Enforcement and Technical
Assistance
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issues: Monitoring
New provisions puts primary focus of State’s monitoring activities on:
Improving education results and functional outcomes
Ensuring that public agencies meet program requirements, particularly those most closely related to improving educational results
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Must monitor: The provision of FAPE in the LRE A State’s exercise of general supervision,
including: Child find Effective monitoring Use of resolution meetings and mediation A system of transition services
Key Issues: Monitoring
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Must monitor: Disproportionate representation
of racial and ethnic groups in special education and related services, to the extent the representation is the result of inappropriate identification
Key Issues: Monitoring
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Requires each State to: Submit its performance plan to
the Secretary for approval Review its performance plan at
least once every six years, and submit any amendments to the Secretary
Key Issues: Monitoring
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Annually the Secretary will determine if States:
Meet requirements Need assistance Need intervention Need substantial intervention
Key Issues: Monitoring
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Highly Qualified Teachers
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issues: HQT Special education teachers must
obtain full State certification as a special education teacher or
Pass the State special education teacher licensing exam, and hold a license to teach in the State as a special education teacher
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issues: HQT
HQT in a charter school means that the teacher meets the certification and licensing requirements, if any, set forth in the State’s Public charter school law
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issues: HQT Alternate route to certification
Receives high-quality professional development that is sustained, intensive and classroom-focused
Participates in a program of intensive supervision with structured guidance and regular ongoing support or a teacher mentor program
Assumes functions as a teacher only for a specified period of time not to exceed three years and
Demonstrates satisfactory progress toward full certification as prescribed by the State
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issues: HQT Special education teachers who
teach core academicsubjects: Must hold a special education
certificate/license Hold a minimum of a bachelor’s
degree and Must demonstrate subject-matter
competency in each subject taught
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issues: HQTSpecial education teachers teaching:
To alternate achievement standards must meet the NCLB standards for elementary, middle or secondary school teachers who are new or not new to the profession or
Meet the NCLB requirements applied to elementary teachers and have subject matter knowledge appropriate to the level of instruction being provided and needed to effectively teach to those standards
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issues: HQT
Establishes a separate high objective uniform State standard of evaluation (HOUSSE) for special education teachers
Does not apply to teachers hired by private elementary and secondary schools, including private school teachers hired or contracted by LEAs to provide equitable services to parentally-placed private school children with disabilities
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Children with Disabilities Enrolled by Their Parents in
Private Schools
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Maintains: No individual right to services Equitable participation based on
timely and meaningful consultation affirmed in writing
Proportionate share of funds spent or carried over
A services plan, not an IEP
Key Issues: Private Schools
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Adds that an LEA where the private school is located is responsible for child find and provision of services
Clarifies that preschool children with disabilities aged 3-5 can be considered parentally-placed children if it is considered an elementary school
Clarifies that private school personnel do not have to meet the HQT requirements
Key Issues: Private Schools
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
States that the consent override procedures are unavailable
Requires informed consent for disclosure of evaluations between the LEA of the parent’s residence and the LEA where the private school is located
Key Issues: Private Schools
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
National Instructional Materials Accessibility
Standard (NIMAS)
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issue: NIMAS
…Timely access to appropriate and accessible instructional materials is inherent in a public agency’s obligation under IDEA to ensure that FAPE is available to all children with disabilities to enable them to participate in the general curriculum consistent with their IEPs
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issues: NIMASClarifies that States must adopt the
NIMAS, published on July 19, 2006Clarifies that a State is required to
establish a State definition of “timely manner,” – regardless of whether the State does or does not coordinate with the NIMAC
All 50 States coordinated with NIMAC
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Requires the SEA to ensure that all public agencies take all reasonable steps to provide those materials at the same time as other children receive instructional materials
Key Issues: NIMAS
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
LEAs are responsible for ensuring that children with disabilities who need instructional materials in accessible formats, but who do not fall within the definition of children who are eligible to receive materials under this regulation must receive them in a timely manner.
Key Issues: NIMAS
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Procedural Safeguards:
Dispute Resolution and Notice
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issues: Procedural Safeguards
Stipulates that due process complaints must allege a violation that occurred not more than two years before the date the parent or public agency knew or should have known about the alleged action
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issues: Procedural Safeguards Requires the public agency to convene a resolution meeting within 15 days of receipt of a due process complaint and that it:
Ensures the process is effective and not used to delay or deny the right to a due process hearing
Clarifies requirements for participation in a resolution meeting and consequences
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issues: Procedural Safeguards
Stipulates that if the LEA has not resolved the due process complaint to the satisfaction of the parent within 30 days of the receipt of the due process complaint, the due process hearing may occur.
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issues: Procedural Safeguards
Clarifies that discussions that occur during the mediation process must be confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding of any Federal court or State court
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Key Issues: Procedural Safeguards
Clarifies that the SEA must provide the public agency with the opportunity to respond to the complaint filed with the SEA, including at a minimum: At the discretion of the public agency, a
proposal to resolve the complaint, and An opportunity for a parent who has filed a
complaint and the public agency to voluntarily engage in mediation
The Department developed a model procedural safeguards notice
U.S. Department of EducationOffice of Special Education Programs Building the Legacy: IDEA 2004
For more information:
http://idea.ed.gov
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U.S. Department of EducationOffice of Special Education Programs
Building the Legacy: IDEA 2004
Questions?