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IDEA 2004 (P.L. 108-446)

IDEA 2004 (P.L. 108-446)



By Kimberly Krause ...

By Kimberly Krause

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

Sandra Mancuso

November 25, 2008



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

    • IDEA 2004 P.L. 108-446
    • Major changes
      • Benchmarks and objectives in IEPs
      • Pilot program for multi-year IEPs
      • “ Highly-qualified special education teacher”
      • Response to Intervention (RTI)
      • Discipline
      • Funding
    • 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
    • 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
    • “ 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
    • 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
    • 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
    • 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
    • References
      • (2006). Council for exceptional children: advocacy toolkit . Retrieved November 5, 2008 from http:// www.cec.sped.org//AM/Template.cfm?Section =Home .
      • (2004). IDEA: the individuals with disabilities education act . Retrieved, November 5, 2008 from www.nichcy.org/reauth/2004IDEASUMMARY-12.04.doc .
      • Wright, J. (2007). RTI toolkit: a practical guide for schools . Port Chester, NY: Dude Publishing.