IDEA 2004

Welcome to IDEA 2004! The goal of this course is to provide a basic understanding of IDEA.

Key elements and processes of the IDEA 2004 regulations that parents and those working with parents and schools need to know.

IDEA says that the Texas Education Agency (TEA) must identify and provide a list identifying any rule or regulation that is State-imposed (not required by federal regulations).

Each school has an obligation to identify and locate every student who resides within the school district who has a disability and who is in need of special education and related services.

An LEA may use up to 15% of its IDEA-B funds to develop and implement coordinated early intervening services (CEIS) for non-special education students in K – 12.

A student who has a disability AND by reason thereof, needs special education and related services.

Student is not a child with a disability if the determinant factor is limited English proficiency or lack of instruction in math or reading.

Evaluation data provides the basis for providing, increasing, decreasing, or discontinuing special education services.

Initial evaluations are used to determine if a student has a disability and needs special education and related services.

When students transfer to other schools in a school year before an evaluation is complete, assessments are coordinated between schools to ensure prompt completion of the evaluation.

The school must obtain parent consent for an evaluation.

The parents of a student with a disability have the right to obtain an IEE for their student at school expense, if they disagree with an evaluation obtained by the school.

A reevaluation is required if the school determines that the educational needs of the student warrant a reevaluation or if the student’s parent requests a reevaluation.

When determining the presence of a specific learning disability, the school is not required to take into consideration whether a student has a severe discrepancy between achievement and intellectual ability.

Federal regulations refer to an IEP team. In Texas, this committee is referred to as the Admission, Review, and Dismissal or ARD committee.

A member of the ARD committee, other than the parent, is not required to attend, if the parent and the school agree, in writing, that the attendance of the member is not necessary…

Can an ARD meeting be held without the parents? Can an IEP be amended without an ARD meeting? At what point can parents take action if they disagree with decisions of the ARD committee?

Each student with a disability MUST HAVE in effect at the beginning of each school year his or her own Individualized Education Program (IEP).

The ARD committee must consider whether the student needs assistive technology devices.

The ARD committee must consider special factors for behavior, visual impairment, communication needs and limited English proficiency.

ALL special education students must be included in all State and district-wide assessments.

The parent of a student with a disability and the school may agree not to convene an ARD meeting for the purposes of making changes to the IEP.

ESY services are special education and related services that are provided to a student with a disability beyond the regular school year.

Appropriate transition planning under Texas state law must begin not later than when the child reaches 14 years of age.

All rights granted to the parents under IDEA will transfer to the student upon reaching age 18.

A student receiving special education services may graduate and be awarded a regular high school diploma if …

To facilitate the transition of the student, the federal regulations say that the new school must take reasonable steps to promptly obtain the student’s records, including the IEP and supporting documents.

IDEA states: “to the maximum extent appropriate, children with disabilities . . . are educated with children who are nondisabled”.

A student’s placement in the general education classroom is the first option the placement group should consider.

In the case of a student with a disability age 3 through 5, the ARD committee must comply with the ARD committee framework and if the student has an IFSP, consider the IFSP.

By the child’s third birthday, an IEP or IFSP must be developed and implemented by the school for the child.

The Notice of Procedural Safeguards: Rights of Parents of Students with Disabilities explains the specific rights and responsibilities of the parent in the special education process.

All prior written notice, not just notice of ARD meetings, are to be provided five (5) days ahead of the action, unless the parent agrees to waive the five day notice.

When the school is proposing to conduct an initial evaluation the school must, after providing notice, obtain informed consent from the student’s parent.

If the student is a ward of the State, the school must make reasonable efforts to obtain the informed consent for an initial evaluation from the parent of the student.

If the parents refuse to consent to reevaluation, the school may, but is not required to, pursue the reevaluation by using the consent override procedures allowed by the law.

The school must obtain informed consent from the parent before beginning the provision of special education and related services to the student.

Any individual or organization may file a complaint with the Texas Education Agency (TEA) if they believe the school has violated federal or State laws or regulations that apply to students with disabilities.

Mediation is an option parents can choose in order to resolve disagreements about a student’s identification, evaluation, educational placement and FAPE.

When a parent requests a due process hearing, the school has 30 days from the receipt of the due process hearing request to attempt to resolve the complaint with the parent.

A due process hearing is another option for parents and schools to resolve disputes.

IDEA 2004 made a number of changes in how schools deal with students placed in private schools by their parents (including home-schools).

A private school means a nonprofit institutional day or residential school, preschool, day care, or a religious school.

IDEA 2004 bases a school district’ s child find obligation for parentally-placed private school students on the location of the private school.

Consultation must occur during the design and development of special education and related services for parentally-placed private school students.

Services to parentally-placed private school students, including materials and equipment, must be secular, neutral, and nonideological.

The school district where a student resides is responsible for providing special education and related services to a student whose parents choose dual enrollment.

A court or hearing officer may require the school to reimburse parents if they find the agency had not made FAPE available to the student in a timely manner prior to that private school enrollment and that the private school placement is appropriate.

School personnel may remove a student with a disability who violates the student code of conduct from his or her current placement to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 consecutive school days.

The school’s determination of whether a pattern exists is subject to challenge through a due process hearing and judicial proceedings.

A manifestation determination must be made within 10 school days of any decision to make a change of placement of a student with a disability because of a violation of a code of student conduct.

A functional behavioral assessment looks at why a student behaves as he or she does, given the nature of the student and what is happening in the environment.

If these special circumstances exist, school personnel may remove a student to an interim alternative educational setting without regard to whether the behavior is determined to be a manifestation of the student’s disability for not more than 45 school days.

Schools are permitted to report a crime committed by a student with a disability to appropriate authorities.

Federal regulations require that, if a student has behaviors that interfere with their learning or are disruptive to other students, the IEP must address these behaviors.