Individuals with Disabilities
Education Improvement
Act of 2004
IDEIA 2004
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IDEIA 2004 – Five Parts
A.
B.
General Provisions
Assistance for Education of All Children
with Disabilities
C.
Infants and Toddlers with Disabilities
D.National Activities to Improve Education
of Children with Disabilities
E.
National Center for SPED Research
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Part A: General Provisions
Describes the purpose of the law (section
1400)
Legal definitions (section 1401)
States not immune from suit for violations of
IDEIA (section 1403)
Requirements and timelines for federal SPED
regulations (section 1406)
Paperwork reduction (section 1408)
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Section 1400 - Purpose
“…to ensure that all children with disabilities
have available to them a free appropriate
public education that emphasizes special
education and related services designed to
meet their unique needs and prepare them
for further education, employment, and
independent living…”
The phrase “further education” focuses on
the increased emphasis on transition services.
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Section 1401 - Definitions
Six new definitions added:
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Core academics subjects
Highly qualified teachers
Homeless children
Limited English proficient
Universal design
Ward of the state
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Highly Qualified
The requirement for highly qualified special
educators are new and brings IDEIA in line
with NCLB. A “highly qualified teacher” has
full state certifications (no waivers), holds a
license to teach, and meets the state
requirements.
Requirements are slightly different for new v.
veteran teachers; for elementary, middle and
high school teachers; for teachers of multiple
subjects; and for teachers who teach to
alternative standards.
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Highly Qualified (cont.)
Special educators who teach core academic
subjects must meet the highly qualified
teacher requirements in NCLB and must
demonstrate competence in the core
academic subjects they teach.
Special educators who do not provide
instruction in core academic subjects do not
have to meet the highly qualified teacher
requirements.
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Transition Services
The definition of transition services was
changed to a “results-oriented process”
that improves “the academic and
functional achievement of the child with
a disability” and facilitates the child’s
transition from school to employment
and further education.
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Paperwork Reduction
New to IDEIA.
DOE may grant waivers to 15 states for
pilot programs to reduce paperwork and
other “non-instructional burdens.”
Two years after IDEIA is enacted, DOE
must report to Congress on the
effectiveness of these waivers.
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Part B – Assistance …
Governs SPED and related services for
children ages 3-21.
Includes sections 1411 through 1419
New section “Risk Pool.” To help school
districts meet the “needs of high need
children with disabilities” states may
reserve funds for “risk pools.”
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Section 1412 – State Eligibility
Catch-all statute. Includes diverse
topics including child find, LRE,
transition to preschool programs,
equitable services for children in private
schools, unilateral placement, tuition
reimbursement, and assessments.
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Child Find
IDEIA was amended to include children who
are homeless, wards of the state, and
children who attend private schools.
IDEIA includes new requirements about
equitable participation of children who attend
private schools and consultation between
public and private school officials. Note that
SPED and related services may be provided
on the premises of private religious schools
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Personnel Qualifications
Aligns with NCLB
IDEIA requires states to take
measurable steps to “recruit, hire, train,
and retain highly qualified personnel to
provide SPED and related services.
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Participation in State and
District Assessments
NCLB requires that schools teach all children,
including children with disabilities, to proficiency
in reading, math, and science by 2014.
NCLB also requires that all students in grades 38 will participate in the annual proficiency
testing of reading and math.
IDEIA changed language to read “…all children,
including children with disabilities, are included
in all general State and district-wide assessment
… with appropriate accommodations…”
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Assessment (continued)
Child with an IEP
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Statement of individual accommodations.
IEP team can determine that child shall take an
alternative assessment on a particular state of
district-wide assessment of student achievement
and why child cannot participate in the regular
assessment and why particular alternative
assessment is appropriate.
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Over-identification of Minority
Children
Overidentification and disproportionality is new
to IDEIA.
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Congress found that African-American children are
identified with MR and ED at far greater rates than
white children.
Schools with predominantly white students and
teachers place disproportionately high numbers of
minority students in SPED.
States must develop policies to correct problem.
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Mandatory Medication Prohibited
School personnel are prohibited from
requiring a child to obtain a prescription
for a controlled substance (i.e., Ritalin,
Adderal) to:
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Attend school
Receive an evaluation
Receive SPED services
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Early Intervening Services
Early intervening services are new to
IDEIA. Early intervening services focus
on “proven methods of teaching and
learning” based on “replicable
research.”
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Specific Learning Disability
IDEIA moved away from using discrepancy
models to ID children with SLD.
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The school is not required to determine if the child
has a severe discrepancy between achievement
and intellectual ability to find the child has a SLD
and needs SPED.
The school may use “response to intervention” to
determine if the child responds to scientific,
research-based intervention as part of the
evaluation process.
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Changes to IEP
Content of IEP
IEP team members
IEP meeting attendance
Consolidated meetings
Review and revision of IEPs
Alternative means of participating in
meetings
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Content of IEP
PLOP – IEP must now include “a
statement of the child’s present level of
academic achievement and functional
performance…” Must be objective data
from assessments.
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Content (cont.)
Annual Goals
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Previous IEPs required annual goals, including
benchmarks or short-term objectives.
IDEIA eliminated requirement for “benchmarks
and STOs.”, except for IEPs of children who take
the alternative assessments.
IDEIA also added “a statement of measurable
annual goals, including academic and functional
goals…”
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Content (cont.)
Educational Progress
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Previous – requires statement of child’s progress
toward annual goals…
Now, child’s IEP must include a “description of
how the child’s progress toward meeting the
annual goals…will be measured and when periodic
reports on the progress the child is making toward
meeting the annual goal (e.g., quarterly reports,
report cards).
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Content (cont.)
SPED and Related Services

New language about research-based
instruction.
 Child’s IEP must include “a statement of SPED
and related services and supplementary aids
and services, based on peer-reviewed research
to the extent practical, to be provided to the
child… and a statement of the program
modifications or supports for school personnel.”
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Content (cont.)
Accommodations and Alternative
Assessment

New language about “individual
appropriate accommodations” on state and
district testing and new requirements for
alternative assessments.
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Transition
IDEIA has extensive changes to the
legal requirements for transition.
Previously, the law required “a
statement of transition service needs”
(beginning at age 14), and “a statement
of needed transition services for the
child (beginning at age 16). IDEIA
eliminated age 14 (now starts at 16).
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Transition (cont.)
new statement:
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“…appropriate measurable post secondary
goals based upon age appropriate
transition assessments related to training,
education, employment, and, where
appropriate, independent living skills…and
the transition services (including course of
study) needed to assist the child in
reaching these goals.
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Reviewing and Revising the
IEP
IDEIA changed to process by which IEPs can
be amended or modified. If the parent and
school agree to amend or modify the IEP,
they may revise the IEP by agreement
without convening an IEP meeting.
The team must create a written document
describing the changes and noting that, by
agreement of the parties, an IEP meeting was
not held.
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Multi-year IEPs
15 states may request approval to
implement optional “comprehensive,
multi-year IEPs” for periods of no longer
than three years. IEP review dates
must be based on “natural transition
points.”
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