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Individuals with Disabilities Education Act of 2004

On November 17, 2004, the House-Senate Conference Committee agreed on changes to reauthorize the Individuals with Disabilities Education Act (IDEA). On Friday, November 19, 2004, the House and Senate voted to reauthorize the Individuals with Disabilities Education Act of 2004. The President is expected to sign it this week. Once signed, it becomes law.

In our books and training programs, we focus on five key statutes that you need to know and understand:

Section 1400 - Finding and Purposes
Section 1401 - Definitions
Section 1412 - State Responsibilities (the "Catch All" statute)
Section 1414 - Evaluations and IEPs
Section 1415 - Procedural Safeguards (Rules of Procedure)

In this series of articles, we discuss substantive changes to these five statutes by section and subsection. Text deleted from the IDEA has been struck through. Text added to the IDEA is in italics. In some cases, we describe or summarize changes to the law.

Comment: Summaries are in a different font.

Wrightslaw: Special Education Law includes the full text of the Individuals with Disabilities Education Act of 1997. Wrightslaw: From Emotions to Advocacy (FETA) includes the five key statutes. These articles are cross-referenced to Wrightslaw: Special Education Law and Wrightslaw: From Emotions to Advocacy (FETA).

Cross-references: are in a different font.

IDEA 2004: Changes in Key Statutes

Section 1400 - Finding and Purposes
Section 1401 - Definitions
Section 1412 - State Responsibilities (the "Catchall" statute)
Section 1414 - Evaluations, Reevaluations and IEPs
Section 1415 - Procedural Safeguards (Rules of Procedure)

We will continue to add information about IDEA 2004 as it is available.

Articles

How Will IEPs Change Under IDEA 2004? New language in IDEA designed to ensure that children with disabilities are taught by highly qualified teachers and receive research based instruction. This article focuses on new requirements for personnel training, IEPs, and scientifically based instruction.

Rule 11 & Attorneys Fees -
Many parents and their advocates have expressed concerns about the “new” attorney fee statute in IDEA 2004 permitting school districts to recover fees from attorneys who represent parents. Pete analyzes these new provisions, improper litigation, frivolous actions, and the practical implications of this new statute.

News
: IDEA 2004

Conference Committee Votes on IDEA Reauthorization: The Inside Story by Jess Butler.
Parents, advocates, attorneys, and children with disabilities attended
the House-Senate Conference Committee meeting. Learn the inside story about compromises, how members voted (and why). (11/18/04)



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Wrightslaw: Special Education Law, 2nd Edition, by Pam and Pete Wright
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Wrightslaw: All About IEPs
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Wrightslaw: All About Tests and Assessments
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Surviving Due Process: Stephen Jeffers v. School Board
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