	Volume 13, No. 1, Winter 2005	Previous Issues Subscribe to AT Messenger Download PDF Viewer
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The New IDEA, Still Great But Different

Marie-Anne Aghazadian, Executive Director Parent Information Center of Delaware

On November 19, 2004, Congress passed landmark legislation to reauthorize the Individuals with Disabilities Education Act (IDEA) and on December 3, 2004, the President signed it into law. The reauthorization of this historic bill, the first since 1997, follows three years of development. A comparison of major changes from the 1997 legislation to the 2004 version follows.

Enforcement

Monitoring and enforcing the IDEA were not specifically addressed in the 1997 version. In the 2004 version, states must establish goals and a plan that:

Meet the requirements and purposes of the IDEA law
Are the same as the No Child Left Behind (NCLB) definition of adequate yearly progress, including the definition of progress for students with disabilities
Address graduation and drop out rates and any other indicators as appropriate.

A state's performance will be evaluated annually. The requirements and purposes of their plan will be reviewed based on the following criteria. Does the plan:

Meet the requirements and purposes?
Need assistance?
Need intervention?
Need substantial intervention?

The Secretary of Education has numerous options for actions should the plan’s performance not be up to par, including technical assistance, withholding funds, and even referring the state to the Department of Justice for appropriate enforcement.

Discipline

Unlike the 1997 version of IDEA, the 2004 version states that when it is found that a child's behavior is not a result of his/her disability, services will continue, but the educational placement may be changed. This removes the burden of a change in placement from the school and places it on the parent to appeal the school's decision. A change was also made in the amount of time a student can be removed from school. In the original legislation, a student could be removed for 45 days; the law now allows removal for 45 school days.

Intervention without Special Education

In the new version of IDEA, schools are able to use up to 15 percent of IDEA funds to support students who have academic and behavior problems in regular education, but are not in need of special education services. This will provide services to children earlier and help prevent future problems.

Transition

With the approval of the updated legislation, schools must now plan for transition by setting goals and providing services beginning at age 16. A three-year education plan focusing on post-secondary goals can be developed for students. Also, the vocational rehabilitation system will now become more involved in secondary schools and transition planning.

Teachers and Teacher Preparation

State standards for special education teachers are more defined in the new IDEA. The revised version states that special education teachers must possess full state special education certification or pass a state special education licensing exam and hold some sort of state license. There are also additional NCLB requirements for special education teachers teaching multiple subjects and students working on "alternate achievement standards."

With today's IDEA, at least 90 percent of state personnel development grants must be used for professional development activities in partnership with other agencies and organizations

concerned with the education of children with disabilities, including at least one institution of higher education. Grants will provide support for educators to ensure they possess the skills and knowledge to help students with disabilities succeed, including creating a new grant program for institutions of higher education focused on training beginner special educators through an extended clinical experience or teacher-faculty partnerships. Funding for such grants may be appropriated annually by Congress.

Preschool and Early Intervention Services

With the 2004 IDEA, states will have the flexibility to develop a collaborative system to serve eligible children from ages birth through six. Early on in the program, parents will be given the option to have their child remain in the early intervention program or to receive free and appropriate education in a preschool program.

Due Process and Attorney Fees

The new bill requires that both the parent and school submit a due process complaint notice before accessing a due process hearing. The new bill also allows mediation to be requested prior to the filing of a complaint and strengthens the provisions for developing a written, binding, confidential agreement. A two-year statute of limitations will now be in place on a parent's ability to file a complaint, and there is a 90-day limit on appeals.

With the new IDEA, in addition to awarding attorney fees to parents who prevail in a hearing, a state or local education agency that prevails against a parent who files a frivolous complaint can also be reimbursed reasonable attorney fees.

Accountability

With the 2004 legislation, alternate assessments will still be included as part of the state and local accountability systems. Contrary to current practice, alternate assessments will now be aligned to state standards. A national study of alternate assessments will be conducted to ensure that these assessments measure the progress of students with considerable disabilities and that they meet appropriate standards.

Funding

Mandatory full funding is not provided for the new bill, but Congress has stated its commitment to reach full funding by 2011 through $2.3 billion annual increases. Congress did not change the funding formula for early intervention and preschool programs for which it can authorize sums as may be necessary.

Meetings

Education plans still must include goals for all students and short-term objectives for students on alternate assessments. Now, schools must also report quarterly to a parent on how the child is progressing toward their goals and how that progress is measured. Schools and parents can develop and change IEPs using conference calls or by writing rather than the face-to-face meetings that were required by the 1997 version. For minor changes, not all IEP team members need even be present.

Over-identification

Although not addressed in the 1997 version, over-identification of minority students was discussed in the 2004 version. The new bill requires districts with significant over-identification of minority students to operate a pre-referral program to reduce inappropriate referrals to special education. If states fail to meet targets, federal sanctions will be applied, including withholding or directing funds or denying the flexible use of funds.

Specific Learning Disabilities

The 2004 IDEA allows for the development of new approaches to determine whether students have specific learning disabilities without relying solely on the IQ achievement discrepancy model as was done in the past.

Information for this article was obtained from the Council for Exceptional Children.

* The Parent Information Center of Delaware has a mission to provide families of children with disabilities and their service providers with knowledge, skills, and support that enable them to fully access resources and our services. Our vision is that children with disabilities fulfill their potential to lead productive and independent lives in their communities. Please visit our website, www.picofdel.org or contact us at (888) 547-1412.