|Home > IDEA 2004 > OSEP Publishes Topics Briefs on "High Interest Areas"|
2004 went into effect on July 1, 2005. The IDEA 2004 regulations went into effect on October 14, 2006.
R. Justesen, acting director of the Office of Special Education
Programs (OSEP), announced that the Department of Education published
19 topics briefs on "high-interest areas of IDEA 2004"
that summarize the "relevant statutory language" on
Evaluations and Reevaluations, IEPs and IEP meetings, Highly Qualified
Teachers, Discipline, Early Intervening Services, and other topics.
Initial Evaluations & Reevaluations - new 60-day timeline for initial evaluation; procedures for evaluating children who may have specific learning disabilities; new procedures for reevaluations; new evaluation requirements before change in eligibility; new requirement about evaluating present levels of academic achievement and developmental needs of child. (3 pages)
Enrolled by Their Parents in Private Schools - manner of providing
of services to children who attend private schools; describes
child find requirements for children who attend private schools;
requirements for equitable participation for children who are
placed in private schools; new requirements for consultation with
private school officials to design and develop special education
and related services programs; new requirements for written affirmation
of consultation. (3 pages)
Disproportionality and Overidentification - required policies and procedures re: collection and examination of data; requirements when reviewing policies and procedures; authorizes technical assistance, demonstration projects, implementation of scientifically based research. (2 pages)
Intervening Services - addition of early intervening services
to IDEA; activities to implement early intervening services including
professional development; clarifies relationship between FAPE
and early intervening services; reporting requirements; use of
funds. (2 pages)
Early Intervention: Part C Option: Age 3 to Kindergarten Age - flexibility in making Part C funds available for children ages 3 to Kindergarten; expands definition of "infants and toddlers"; new requirements for policies re: notice to parents. (3 pages)
Highly Qualified Teachers - defines "highly qualified teacher;" specifies requirements for special education teachers including those who who teach to alternate achievement standards and multiple subjects; requires states to adopt a policy to take measurable steps to recruit, hire, train, and retain highly qualified personnel; requirements for related services personnel and paraprofessionals; personnel development plans. (5 pages)
Team Meetings, Attendance, Revising the IEP - required members
of IEP team; IEP team member attendance; excusal from IEP meetings;
new provisions about changing IEPs; consolidation of meetings;
alternate ways to participate in meetings. (2 pages)
Transition - Adds "further education" to the purposes of IDEA; changes definition of transition services; creates exception to requirements for evaluation before change in eligibility; changed requirements for transition in the IEP. (2 pages)
Procedural Safeguards: Surrogates, Notice and Consent - adds procedures for appointing surrogate parents; revises requirements about providing procedural safeguards notice to parents; additions to notice content, requests for due process hearings, civil actions; consent for services for wards of the state. (2 pages)
Procedural Safeguards: Mediation and Resolution Sessions -
new requirements for mediation and meeting with a "disinterested
party"; new requirements about legally binding agreements,
confidentiality of discussions, enforceability of agreement; new
requirements for "resolution sessions"; limitations
on attorneys' fees. (3 pages)
Funding, Local - exceptions and limitations to maintenance of effort (MOE) requirements; permissive use of funds; requirements for funding of charter schools (2 pages)
Funding, State- changes in formula grants to states; 7-year path to "full funding"; changes in state-level activities; LEA risk pool; flexibility; limitations (3 pages)
More IDEA 2004 resources.
Copyright © 1998-2016, Peter W. D. Wright and Pamela Darr
Wright. All rights reserved.
Copyright © 1998-2016, Peter W. D. Wright and Pamela Darr Wright. All rights reserved.