Idea 2004 fall2012


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SPED 651 Lecture IDEA Fall 2012

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Idea 2004 fall2012

  1. 1. IDEA 2004Summer L. Stech, Esq.SPED 651San Diego State University
  2. 2. 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 2
  3. 3. Six Principles of IDEAClick blackscreen toplay videowhen introconcludes 3
  4. 4. Six Principles of IDEA Principle RequirementZero Reject Locate, identify, & provide services to all eligible students with disabilitiesEvaluation Conduct an assessment to determine if a student has an IDEA related disability and if he/she needs special education servicesFree Appropriate Public Develop and deliver an individualized educationEducation program of special education services that confers meaningful educational benefit.Least Restrictive Environment Educate students with disabilities with nondisabled students to the maximum extent appropriate.Procedural Safeguards Comply with the procedural requirements of the IDEA.Parent Participation Collaborate with parents in the development and delivery of their child’s special education program. 4
  5. 5. 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 5
  6. 6. IDEA Categories Autism (Added in  Specific Learning 1990) Disability (IDEA 2004 Deaf-Blind change in definition) Deafness  Speech and Language Hearing Impairment Impaired Intellectual Disability  Traumatic Brain Injury (updated 2010) (added in 1990) Multiple Disabilities  Visual Impairment including Blindness Orthopedic Impairments Other Health Impaired Emotional Disturbance 6
  7. 7. 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. 7
  8. 8. 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 8
  9. 9. 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 9
  10. 10. 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 10
  11. 11. 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 11
  12. 12. Principle 3: Free and AppropriatePublic 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. 12
  13. 13. 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 13
  14. 14. 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. 14
  15. 15. Related Services Definition:  Services that may be required to assist a child with a disability to benefit from special education 15
  16. 16. 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 16
  17. 17. Nonexhaustive List of specificRelated Services Does not include:  Surgically implanted medical devices (e.g., Cochlear Implants)  Medical Services 17
  18. 18. 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 18
  19. 19. IDEIA 2004Changes 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. 19
  20. 20. IDEIA 2004Changes 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. 20
  21. 21. IDEIA 2004Changes 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 21
  22. 22. IDEIA 2004Changes 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 22
  23. 23. 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 23
  24. 24. Principle 4: Least RestrictiveEnvironment (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 24
  25. 25. 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. 25
  26. 26. Continuum of Alternative PlacementsMost Inclusive Gen Ed Classroom Least Restrictive Specialized Academic Instruction (SAI) (consultation, coll aboration, co- teaching, pull- out) Special Day Class Special Day School Hospital/Institution Least Inclusive Home Most Restrictive 26
  27. 27. 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) 27
  28. 28. Principle 5: Procedural Safeguards General safeguards  Notice and consent requirements Independent educational evaluation Appointment of surrogate parents Dispute resolution Discipline Impartial Due Process 28
  29. 29. 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) 29
  30. 30. 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 30
  31. 31. Parent ParticipationNotice 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 31
  32. 32. Parent ParticipationConsent 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 32
  33. 33. Parent ParticipationParticipation 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) 33