|Home > IDEA 2004 > Changes in the IDEA 2004 Statute: Guidance from OSEP|
Guidance from the Education Department
Model IEP Form (4 pages)
Parental Consent for the Use of Public Benefits or Insurance - Non-Regulatory Guidance on Part B Regulations Regarding Parental Consent for the Use of Public Benefits or Insurance to Pay for Services under the IDEA, Issued February 14, 2013, and Effective March 18, 2013.
State and Districtwide Assessments - New requirements about accommodations; alternate assessments; new reporting requirements; additional information in IEPs (2 pages)
Discipline - New standards for manifestation determinations; new authority for school personnel; new standard for "special circumstances"; definition of serious bodily injury; authority of hearing officer; expedited hearings (3 pages)
Disproportionality and Overidentification - Policies and procedures; collection and examination of data; requirements when reviewing policies and procedures. (2 pages)
Early Intervening Services - Activities to implement early intervening services; professional development; evaluations, scientifically based literacy instruction; reporting requirements; use of funds. (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)
Funding, Local - Maintenance of effort (MOE) requirements; permissive use of funds; funds for charter schools (2 pages)
Highly Qualified Special Education Teachers - Definition of highly qualified teacher; requirements for special education teachers who teach to alternate achievement standards and multiple subjects; related services personnel and paraprofessionals; personnel development plans. (4 pages)
Initial Evaluations and Reevaluations - New provision about parental consent for children who are wards of state; 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)
Individualized Education Programs (IEPs) - New requirements for present levels of educational performance; accommodations; assessments; changes in measurable annual goals, measuring progress, reporting progress; new requirements about services based on peer-reviewed research; changes to transition requirements; new requirements for children who transfer within and between states. (3 pages)
Individualized Education Program (IEP) Team Meetings and Changing 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)
Aligning IDEA with the No Child Left Behind Act - New definitions (core academic subjects, limited English proficient, highly qualified teacher); performance goals and indicators; requirements about reporting progress in educating children with disabilities to public and state; alternate achievement standards; records of migratory children; eligibility determination; personnel development plans. (3 pages)
Preschool: Age 3 to Kindergarten - Part C funds for children ages 3 to Kindergarten; expanded definition of "infants and toddlers"; new policies re: notice to parents, educational components; consent. (3 pages)
Children Enrolled By Their Parents In Private Schools - Orovision of services to children who attend private schools; child find requirements in private schools;equitable participation; requirements about children evaluated and found eligible; new requirements for consultation between public and private school representatives; written affirmation requirements; right to complain to SEA.
Procedural Safeguards: Surrogates, Notice and Consent - Adds procedures for appointing surrogate parent; revises requirements about procedural safeguards notice to parents; additions to notice content, requests for due process hearings, civil actions; consent for wards of the state. (3 pages)
Procedural Safeguards: Mediation and Resolution Sessions - New mediation requirements; new requirements about 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. (2 pages)
Procedural Safeguards: Due Process Hearings - clarifies who may request a due process hearing; specifies timeline for requesting a due process hearing; new prior written notice requirements and timelines; new requirements for hearing officers; new guidelines for issues raised at a due process hearing; new parameters for hearing officer decisions; timelines for bringing a civil action; additional provisions for awarding attorneys fees.
More IDEA 2004 resources.
Copyright © 1998-2019, Peter W. D. Wright and Pamela Darr
Wright. All rights reserved.
Copyright © 1998-2019, Peter W. D. Wright and Pamela Darr Wright. All rights reserved.