IDEA 2004P.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.