What is IDEA 2004?
Individuals with Disabilities Education Improvement Act of 2004
On November 19, 1975, Congress enacted Public Law 94-142, also known as the Education for All Handicapped Children Act of 1975. This legislation was first introduced in May 1972, after several landmark court cases established in law the right to education for all handicapped children. Congress has amended the Individuals with Disabilities Education Act several times since 1975. On December 3, 2004, Congress amended the Individuals with Disabilities Education Act again. The newly amended statute is the Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004).
The amended statute is in Volume 20 of the United States Code (U.S.C.), beginning at Section 1400. The special education regulations will be published in Volume 34 of the Code of Federal Regulations (C.F.R.) beginning at Section 300.
Each state has special education statutes and regulations that must be consistent with federal law. When state law conflicts with federal law, federal law is supreme, pursuant to the supremacy clause of the U.S. Constitution.
Who is Eligible for Special Education?
20 U.S.C. §1401 Definitions
In general, the term “child with a disability” refers to the 13 categories of eligibility for special education:
With these categories in mind, who qualifies for special education and related services?
School-aged children, ages 3 through 22, who are identified as disabled are entitled to a Free Appropriate Public Education (FAPE), until they receive a high school diploma or reach their 22nd birthday.
What is Special Education?
The term “Special Education” means specially-designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including: instruction conducted in the classroom, in the home, in the hospital, in institutions and in other settings, and instruction in physical education.
What is a Free Appropriate Public Education (FAPE)?
A Free Appropriate Public Education is at public expense, under public supervision and direction, without charge to parents/legal guardians. Furthermore, it must meet the standards of state educational agencies and be provided with conformity to the Individualized Education Program that is required under federal and state guidelines. The law is very specific in that it only requires an appropriate education, not the best education.
What are related services?
"Related services" means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education. These services can include speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation (including therapeutic recreation), early identification and assessment of disabilities in children, counseling services (including rehabilitation counseling), orientation and mobility services, school health services, school nurse services, social work services in schools, and parent counseling and training).
How does an IEP get initiated?
A parent or a teacher or administrator who has educational knowledge of a child can initiate an assessment at any time. Once the initial request has been made, the school must provide the parent with an assessment plan within 15 days. If the parent signs and agrees to the listed assessments being conducted, the school district has 60 days to complete the assessments and hold an IEP meeting.
What are assessments?
An assessment is a standardized test or battery of tests that is to be completed in all areas of suspected disability, and is used to determine a disability in one or more areas of special education eligibility. Assessments can include but are not limited to: cognitive, achievement, social emotional, speech and language, auditory processing, attention, development, visual, sensory, fine motor, and gross motor. The personnel conducting the assessments must be competent and professionally trained.
What is an IEP?
An “Individualized Education Program” (IEP) is a legal document that describes exactly what special education services your child will receive and why. It will include your child’s eligibility, related services, supports, goals, and objectives. The IEP document is developed at an IEP meeting. The plan must be designed to meet your child’s unique range of educational needs. The services, accommodations, and/or modifications are put in place to help the child achieve the goals/objectives, to make meaningful educational benefit, and to support them in accessing the state curriculum and making educational progress.
IDEA mandates that particular procedures be followed in the development of the Individualized Education Program (IEP). Each student’s IEP must be developed by a team of knowledgeable persons and must be reviewed annually.
The IEP team consists of regular education teachers, special education teachers, administrators, district decision-makers or representatives, any relevant service providers and therapists, parent(s), and, where appropriate, the student. Under IDEA 2004, parents have the right to waive (in writing) the participation of some team members from the IEP meeting.
Parents are integral members of the IEP team. Your input and concerns, questions, and opinions need to be shared.
What are accommodations and modifications?
Accommodations do not alter or reduce grade level standards, and help support and provide access to the school curriculum. Examples of accommodations can include but are not limited to: test-taking accommodations such as extended time on tests and quizzes, promoting to remain focuses, and assistance with organization and note-taking. Sensory, response, and presentation accommodations are also options if needed. Modifications, on the other hand, alter the grade level standard. Parents need to understand that modifications to a child’s educational program may place their child at risk for not meeting high school graduation requirements.
The Long Term Goal
The mission statement of IDEA is for special education to prepare children with disabilities for further education, employment, and independent living
What is an Individualized Transition Plan?
At the age of 16, the child must be invited to the IEP meeting, and a plan must be developed to help the child begin to prepare for life, education, vocation, or career after high school. The focus should be on learning life skills and promoting independence. The Individualized Transition Plan (ITP) must include appropriate, measurable goals, based on age-appropriate transition assessments. Transition Services include:
What is the Least Restrictive Environment?
IDEA requires that children with disabilities be educated with children who are not disabled to the extent possible. This means that the child should be placed into a mainstream class and only removed if the use of aides or other services can’t provide satisfactory results in that setting. Possible educational placements from least restrictive to most restrictive are:
What are your options if there is a disagreement?
You have the right to disagree with assessments or with the IEP in part or in whole. Never agree to anything that you are unsure of or that makes you feel uncomfortable. IDEA has very specific procedural safeguards to protect the rights of children.
If there is a disagreement over any of the assessments conducted by the school district, the parents have the right to make a written request for an Independent Educational Evaluation (IEE) to be paid for by the school district. If a parent requests an IEE, the school district must agree or disagree, and explain why in writing. A school district has the option to take parents to Due Process and explain why they are refusing an IEE.
When a parent disagrees with an IEP, they have several alternatives:
They can write a letter to the Director of Special Education at their district, including supporting information to urge the district to reconsider their request for what they feel is appropriate to include as part of their child’s IEP. If warranted, an advocate or attorney can assist parents with writing a letter, and possibly help resolve matters without a legal proceeding. If both the parents and the school district are in agreement, an Alternative Dispute Resolution meeting can be held with parents, and if warranted their representative can sit down with district administration and try to resolve the matters at hand. If parents are successful in getting the district to reconsider their offer of FAPE, an additional IEP meeting will need to be held to document and secure the additional supports and services offered.
Other options are mediation and Due Process.
What is mediation?
What is Due Process? A Due Process hearing is the formal, legal procedure that resolves differences about special education services for your child, with the goal to ensure a Free and Appropriate Public Education (FAPE) tailored to your child’s unique needs.
Parents or the school district can file for a Due Process hearing to resolve a dispute. In 2005, the U.S. Supreme Court decided in Schaffer v. Weast that the party who files the Due Process complaint has the burden of proving whether the child’s rights are being protected or the Individualized Education Program (IEP) is appropriate. A good special education attorney is well-qualified to assist you in filing for Due Process.
The amended statute is in Volume 20 of the United States Code (U.S.C.), beginning at Section 1400. The special education regulations will be published in Volume 34 of the Code of Federal Regulations (C.F.R.) beginning at Section 300.
Each state has special education statutes and regulations that must be consistent with federal law. When state law conflicts with federal law, federal law is supreme, pursuant to the supremacy clause of the U.S. Constitution.
Who is Eligible for Special Education?
20 U.S.C. §1401 Definitions
In general, the term “child with a disability” refers to the 13 categories of eligibility for special education:
- Autistic-like behaviors (Autism)
- Deafness
- Deaf/blindness
- Emotional Disturbance
- Hearing Impairment
- Intellectual Disabilities (formerly “Mental Retardation”)
- Multiple Disabilities
- Orthopedic Impairment
- Other Health Impaired
- Specific Learning Disability
- Speech or Language Impairment
- Traumatic Brain Injury
- Visual Impairment
With these categories in mind, who qualifies for special education and related services?
School-aged children, ages 3 through 22, who are identified as disabled are entitled to a Free Appropriate Public Education (FAPE), until they receive a high school diploma or reach their 22nd birthday.
What is Special Education?
The term “Special Education” means specially-designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including: instruction conducted in the classroom, in the home, in the hospital, in institutions and in other settings, and instruction in physical education.
What is a Free Appropriate Public Education (FAPE)?
A Free Appropriate Public Education is at public expense, under public supervision and direction, without charge to parents/legal guardians. Furthermore, it must meet the standards of state educational agencies and be provided with conformity to the Individualized Education Program that is required under federal and state guidelines. The law is very specific in that it only requires an appropriate education, not the best education.
What are related services?
"Related services" means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education. These services can include speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation (including therapeutic recreation), early identification and assessment of disabilities in children, counseling services (including rehabilitation counseling), orientation and mobility services, school health services, school nurse services, social work services in schools, and parent counseling and training).
How does an IEP get initiated?
A parent or a teacher or administrator who has educational knowledge of a child can initiate an assessment at any time. Once the initial request has been made, the school must provide the parent with an assessment plan within 15 days. If the parent signs and agrees to the listed assessments being conducted, the school district has 60 days to complete the assessments and hold an IEP meeting.
What are assessments?
An assessment is a standardized test or battery of tests that is to be completed in all areas of suspected disability, and is used to determine a disability in one or more areas of special education eligibility. Assessments can include but are not limited to: cognitive, achievement, social emotional, speech and language, auditory processing, attention, development, visual, sensory, fine motor, and gross motor. The personnel conducting the assessments must be competent and professionally trained.
What is an IEP?
An “Individualized Education Program” (IEP) is a legal document that describes exactly what special education services your child will receive and why. It will include your child’s eligibility, related services, supports, goals, and objectives. The IEP document is developed at an IEP meeting. The plan must be designed to meet your child’s unique range of educational needs. The services, accommodations, and/or modifications are put in place to help the child achieve the goals/objectives, to make meaningful educational benefit, and to support them in accessing the state curriculum and making educational progress.
IDEA mandates that particular procedures be followed in the development of the Individualized Education Program (IEP). Each student’s IEP must be developed by a team of knowledgeable persons and must be reviewed annually.
The IEP team consists of regular education teachers, special education teachers, administrators, district decision-makers or representatives, any relevant service providers and therapists, parent(s), and, where appropriate, the student. Under IDEA 2004, parents have the right to waive (in writing) the participation of some team members from the IEP meeting.
Parents are integral members of the IEP team. Your input and concerns, questions, and opinions need to be shared.
What are accommodations and modifications?
Accommodations do not alter or reduce grade level standards, and help support and provide access to the school curriculum. Examples of accommodations can include but are not limited to: test-taking accommodations such as extended time on tests and quizzes, promoting to remain focuses, and assistance with organization and note-taking. Sensory, response, and presentation accommodations are also options if needed. Modifications, on the other hand, alter the grade level standard. Parents need to understand that modifications to a child’s educational program may place their child at risk for not meeting high school graduation requirements.
The Long Term Goal
The mission statement of IDEA is for special education to prepare children with disabilities for further education, employment, and independent living
What is an Individualized Transition Plan?
At the age of 16, the child must be invited to the IEP meeting, and a plan must be developed to help the child begin to prepare for life, education, vocation, or career after high school. The focus should be on learning life skills and promoting independence. The Individualized Transition Plan (ITP) must include appropriate, measurable goals, based on age-appropriate transition assessments. Transition Services include:
- Related services (as defined above)
- Instruction
- Functional vocational evaluations (when appropriate)
- Community experiences
- The development of employment and other post-school adult living objectives
- Acquisition of daily living skills when appropriate
What is the Least Restrictive Environment?
IDEA requires that children with disabilities be educated with children who are not disabled to the extent possible. This means that the child should be placed into a mainstream class and only removed if the use of aides or other services can’t provide satisfactory results in that setting. Possible educational placements from least restrictive to most restrictive are:
- General education mainstream
- General education (push in services)
- General education (pull out services)
- Special day class
- Non-public school
- Day treatment center
- Residential treatment center
- Home hospital
What are your options if there is a disagreement?
You have the right to disagree with assessments or with the IEP in part or in whole. Never agree to anything that you are unsure of or that makes you feel uncomfortable. IDEA has very specific procedural safeguards to protect the rights of children.
If there is a disagreement over any of the assessments conducted by the school district, the parents have the right to make a written request for an Independent Educational Evaluation (IEE) to be paid for by the school district. If a parent requests an IEE, the school district must agree or disagree, and explain why in writing. A school district has the option to take parents to Due Process and explain why they are refusing an IEE.
When a parent disagrees with an IEP, they have several alternatives:
They can write a letter to the Director of Special Education at their district, including supporting information to urge the district to reconsider their request for what they feel is appropriate to include as part of their child’s IEP. If warranted, an advocate or attorney can assist parents with writing a letter, and possibly help resolve matters without a legal proceeding. If both the parents and the school district are in agreement, an Alternative Dispute Resolution meeting can be held with parents, and if warranted their representative can sit down with district administration and try to resolve the matters at hand. If parents are successful in getting the district to reconsider their offer of FAPE, an additional IEP meeting will need to be held to document and secure the additional supports and services offered.
Other options are mediation and Due Process.
What is mediation?
- Mediation brings parties together to work with each other to resolve a disagreement.
- An impartial mediator helps the participants communicate their concerns to each other.
- All parties are involved in the decision-making. Everyone has the opportunity to express concerns and offer solutions.
- The focus is in solving the disagreement and working towards a solution that satisfies all parties.
- Mediation is voluntary. All parties must agree to participate. The proceedings are confidential. Discussions cannot be used in any future hearings.
What is Due Process? A Due Process hearing is the formal, legal procedure that resolves differences about special education services for your child, with the goal to ensure a Free and Appropriate Public Education (FAPE) tailored to your child’s unique needs.
Parents or the school district can file for a Due Process hearing to resolve a dispute. In 2005, the U.S. Supreme Court decided in Schaffer v. Weast that the party who files the Due Process complaint has the burden of proving whether the child’s rights are being protected or the Individualized Education Program (IEP) is appropriate. A good special education attorney is well-qualified to assist you in filing for Due Process.