idea 2004 fall2012
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IDEA 2004
Summer L. Stech, Esq.SPED 651San Diego State University
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Legislative Mandates
PL 108-446, the Individuals with Disabilities Education Improvement Act of 2004 Highly Qualified Teachers Early Intervening Services
15% of Fed funds for early intervention Request for Initial Evaluation
LEA or parent may initiate request but requires parental consent.
If parent refuses to provide consent for services, the LEA cannot seek an administrative order through due process.
Evaluation Procedures Content of IEP & Team Makeup Procedural Safeguards and Discipline
Guidelines
Six Principles of IDEA
3http://youtu.be/sVeS454wpfU
Click black screen to play video when intro concludes
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Six Principles of IDEAPrinciple Requirement
Zero Reject Locate, identify, & provide services to all eligiblestudents with disabilities
Evaluation Conduct an assessment to determine if a student hasan IDEA related disability and if he/she needsspecial education services
Free Appropriate Public Education
Develop and deliver an individualized educationprogram of special education services thatconfers meaningful educational benefit.
Least Restrictive Environment Educate students with disabilities with nondisabledstudents to the maximum extent appropriate.
Procedural Safeguards Comply with the procedural requirements of theIDEA.
Parent Participation Collaborate with parents in the development anddelivery of their child’s special educationprogram.
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Principle 1: Zero Reject
Locate, evaluate, identify and serve all eligible students with disabilities aged 3 – 21 Child find obligations Two criteria for eligibility
A student must be determined to have a disability that is covered by the IDEA
Because of the disability, the student needs special education and related services
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IDEA Categories
Autism (Added in 1990) Deaf-Blind Deafness Hearing Impairment Intellectual Disability (updated 2010) Multiple Disabilities Orthopedic Impairments Other Health Impaired Emotional Disturbance
Specific Learning Disability (IDEA 2004 change in definition)
Speech and Language Impaired
Traumatic Brain Injury (added in 1990)
Visual Impairment including Blindness
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Principle 2: Protection in Evaluation
LEAs shall conduct a full and individual evaluation before the initial provision of special education and related services to a child with a disability (20 U.S.C. 1414(a)(1))
Changes to IDEA in 2004 Continues to emphasize importance of administering fair and
appropriate evaluations (non-discriminatory) Child’s parent, SEA, or LEA may request an initial eval. Feds set 60-day timeline from signed parental consent 60-day timeline does not apply if parent fail to produce child
for eval. LEAs may no longer use Due Process for initial evals &
placements.
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Response to Intervention (RTI)
15% of SPED Funds to go to Gen Ed to implement Response to Intervention (RTI) services
Essential Components of RTI High Quality Classroom Instruction Tiered Instruction/Intervention Ongoing Student Assessment (CBM) Family Involvement
http://www.rtinetwork.org
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Evaluation Materials
Test and evaluation materials Must not be discriminatory Must be given in the child’s native
language or mode of communication Technically sound instruments must
be used to assess Cognitive and behavioral factors Physical and developmental factors
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Evaluation Procedures
A student must be assessed in all areas related to the suspected disability
The school is required to use a variety of assessment tools and strategies to collect functional and developmental information that may assist in determining: Whether a student has a disability The educational needs of a student
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Interpreting Evaluation Data
Draw on information from a variety of sources
Decisions must be documented and carefully considered
Decisions must be made by a team (usually IEP team)
Placement decisions must be in accordance with LRE requirements
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Principle 3: Free and Appropriate Public Education (FAPE)
FAPE has procedural and substantive components. Procedural - process is followed accordingly. Substantive - (a) at public expense, (b) meets
standards of SEA, (c) , include appropriate preschool, elementary, or secondary education in state, and (d) provided in conformity with IEP.
SPED defined as “specially designed instruction, at no charge to parents or guardians, to meet the unique needs of a child with a disability.”
A state may set a higher standards than the IDEA, however, a state may not lower education benefits than the IDEA.
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Technology Related Assistance
CA Ed. Code: 56020.5. "Assistive technology device," as provided in
paragraph (1) of Section 1401 of Title 20 of the United States Code, means any item, piece of equipment, or product system, whether acquired commercially without the need for modification, modified, or customized, that is used to increase, maintain, or improve functional capabilities of an individual with exceptional needs. The term does not include a medical device that is surgically implanted, or the replacement of that device.
IDEA 97 IEP teams are required to consider whether students with
disabilities, regardless of category, need assistive technology devices and services.
IDEIA 2004 Same as 97, however, schools are not required to provide
or maintain surgically implanted devices
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Technology Related Assistance
Assistive Technology Act of 2004 Requires that schools use assistive technology
resources when necessary to improve transitions for students with disabilities.
Ensures that students with disabilities have better information and support when they apply for loans for assistive devices.
It will raise public awareness about importance of assistive devices.
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Related Services
Definition: Services that may be required to assist
a child with a disability to benefit from special education
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Nonexhaustive List of specificRelated Services
Includes: Transportation Physical and Occupational Therapy Interpreters School Health Services (including complex
health services if needed) Assistive Technology Counseling and Psychological Services Residential Placement Social Work Services Parent Counseling and Training Speech Therapy
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Nonexhaustive List of specificRelated Services
Does not include: Surgically implanted medical devices
(e.g., Cochlear Implants) Medical Services
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The Individualized EducationProgram
A statement of a student’s special education and related services
The IEP must be in effect by the beginning of the school year
LEAs are responsible for developing, implementing, and revising
The IEP is developed in an IEP meeting in which : The assessment results are discussed A student’s educational program is developed A student’s placement is determined
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IDEIA 2004
Changes in IEP development process: IEP Team Participants
Parents Sped teacher Gen ed teacher (at least 1) School rep who can provide/supervise provision of
sped services (administrator or designee) Individual who can explain instructional implications
of eval results. Others at discretion of parents or LEA IEP team members whose area not being discussed
are excused from attendance if parent and LEA agree that presence is not necessary.
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IDEIA 2004
Changes in IEP Development Process cont’d IEP Document
Short-term objectives no longer necessary (still in CA law), except for students with severe disabilities who take alternate assessments.
SPED teachers must inform parents of student progress at least every 9 weeks.
IEP Modification Process Programming changes could be made in
written document (modifications become part of IEP) rather than reconvening IEP team…if parent and LEA agree.
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IDEIA 2004
Changes in IEP Development Process cont’d: 3-year IEP’s
Up to 15 states participate in pilot program. IEPs for transfer students
Accepting LEA required to continue to provide FAPE w/ comparable services described in previous IEP
Accepting LEA required to consult with parent regarding services.
If from out of state, LEA required to conduct an evaluation, and if appropriate develop new IEP.
Discipline
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IDEIA 2004
Changes in IEP Development Process cont’d: Manifestation Determination
Behavior can be determined to be a manifestation of disability ONLY if the conduct in question is “caused by” or has a “direct and substantial relationship” between behavior and disability.
IAES for 45 days if: Student brings a weapon to school or school
function Knowingly possessed or uses illegal drugs or sells
a controlled substance Serious bodily injury
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Participants in the IEP Process
Parents A representative of agency General education teacher Special education teacher Person knowledgeable about
evaluation Others at request of IEP participants
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Principle 4: Least Restrictive Environment (LRE)
Way of balancing values surrounding provision of appropriate education with values associated with individual’s right to associate with non-disabled peers.
Supported by and implemented through the following constitutional principles: Procedural due process Substantive due process Equal protection
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Least Restrictive Environment (LRE)
To the maximum extent appropriate children with disabilities are to be educated with children who are not disabled.
Removal may only occur when education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
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Continuum of Alternative Placements
Gen Ed Classroom
Specialized Academic Instruction (SAI) (consultation,
collaboration, co-teaching, pull-
out)
Special Day Class
Special Day School
Hospital/Institution
Home
Least Restrictive
Most Restrictive
Most Inclusive
Least Inclusive
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What NOT to Consider
Placement according to category or severity
Placement where services are traditionally provided
Citing disruption w/o evidence of behavior management attempts
Cost, unless excessive (similar to ADA…reasonableness)
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Principle 5: Procedural Safeguards
General safeguards Notice and consent requirements
Independent educational evaluation Appointment of surrogate parents Dispute resolution Discipline Impartial Due Process
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Attorneys Fees
Public agencies may recover their attorneys’ fees from parents’ attorneys if their case was: Frivolous Unreasonable Without foundation
Public agencies may recover attorneys’ fees against the parents’ attorney or the parents if the case was presented for any improper purpose such as to: Harass Cause unnecessary delay To needlessly increase the cost of litigation
Parents may recover their attorneys’ fees from public agency if they prevail on more than 50% of the issues presented (prevailing party status)
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Principle 6: Parent Participation
Parental Notification and Consent Purpose: To provide parents with
sufficient information, in a timely manner, so that they may fully participate in educational decisions
Written notice and consent
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Parent Participation
Notice Requirements Parents must be notified a
reasonable amount of time before the school: Initiates or changes identification,
evaluation, or educational placement or the provision of a free appropriate public education
Refuses same
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Parent Participation
Consent Requirements: Consent must be obtained before:
Beginning or changing student’s identification as IDEA-eligible
Conducting a preplacement evaluation Initial placement or change of placement Conducting a reevaluation
Consent is voluntary and may be revoked at any time
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Parent Participation
Participation in IEP Meetings: Schools districts must provide
notice, thereby ensuring that parents have the opportunity to participate in meetings that address: Evaluation Educational program and placement
(The IEP Team)
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