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IDEA 2004 (P.L. 108-446)
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IDEA 2004 (P.L. 108-446)


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By Kimberly Krause …

By Kimberly Krause

- For Social Foundations of Education
Edts Hybrid Program
Nazareth College
School of Education

Sandra Mancuso

November 25, 2008

Published in: Education, Technology

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  • 1. IDEA 2004 P.L. 108-446
  • 2. Major changes
    • Benchmarks and objectives in IEPs
    • Pilot program for multi-year IEPs
    • “ Highly-qualified special education teacher”
    • Response to Intervention (RTI)
    • Discipline
    • Funding
  • 3. Benchmarks and Objectives in IEPs
    • Previously, short-term objectives for students with IEPs was mandated
    • New amendment only requires short-term objectives for students taking alternative assessments connected to alternate standards
    • Only effects students with most severe learning disabilities
    • Parents of ALL students with IEPs can still request that IEP team identify short-term objectives even if not mandated by law
  • 4. Pilot program for multi-year IEPs
    • Will be authorized in up to 15 states
    • Allows local schools to offer multi-year IEP (not more than 3 years)
    • Must have parental consent
    • Will not include annual IEP review except in certain situations
  • 5. “ Highly-qualified special education teacher”
    • Each state education department is required to:
      • Defined requirements for special education teachers who also teach core subjects
      • Defined certification requirements
      • Define responsibilities of personnel and paraprofessionals
      • Adopt policies on recruitment, training and retention of special education teachers
    • Does not apply to teachers in private elementary/secondary schools
  • 6. Response to Intervention (RTI)
    • Encourages districts to do away with reliance on IQ testing as a means of identifying LD
    • States cannot “require the use of a severe discrepancy between intellectual ability and achievement for determining” LD
    • States must allow processes that assess student response to research-based interventions
    • Schools must determine that underachievement is not a result of insufficient instruction
  • 7. Discipline
    • Manifestation Determination
      • Burden has shifted from schools to parents in determining whether an action was a manifestation of the child’s disability or not
    • Special Circumstances (i.e. weapons, drugs, bodily harm)
      • Disabled child can be removed from school setting for up to 45 school days even if misconduct was a manifestation of the disability
  • 8. Funding
    • Historically (for 30 years), federal government promised 40% funding of IDEA
    • As of 2007, funding only at approx. 17%
    • IDEA 2004 put forth authorization levels that should reach full funding by 2011
    • This is not mandatory
  • 9. References
    • (2006). Council for exceptional children: advocacy toolkit . Retrieved November 5, 2008 from http:// =Home .
    • (2004). IDEA: the individuals with disabilities education act . Retrieved, November 5, 2008 from .
    • Wright, J. (2007). RTI toolkit: a practical guide for schools . Port Chester, NY: Dude Publishing.