What Every Teacher Should Know About IDEA 2004 Laws & Regulations

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  • Edition: 1st
  • Format: Paperback
  • Copyright: 2006-12-11
  • Publisher: Pearson

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This clear, comprehensive, jargon-free resource outlines the IDEA 2004 "laws and regs" and highlights their practical implications for practicing and pre-service teachers and administrators. The booklet provides concise descriptions of the aspects of the IDEA law every classroom teacher should know, with a side-by-side comparison of the "old" regulations versus those just issued in August 2006. When a little friendly background would help the reader better understand the practical implications of the regulations, an additional note is provided.

Author Biography

Myrna Mandlawitz has been involved in the field of education for the past 30 years, as a classroom teacher, in project development in state government, and as an education advocate in Congress.  She is recognized as a national expert in special education law and policy.  Ms. Mandlawitz provides training and writes extensively on special and general education and has provided representation for education administrators, related services providers, and parents of children with disabilities.

Table of Contents

Introduction: How This Book Is Organizedp. viii
How to read this documentp. 1
Generalp. 1
Section 300: Definitions Used in the Actp. 1
Assistive Technology Devicep. 1
Assistive Technology Servicep. 1
Charter Schoolp. 1
Child with a Disabilityp. 2
Consentp. 5
Core Academic Subjectsp. 5
Elementary Schoolp. 5
Evaluationp. 6
Free Appropriate Public Educationp. 6
Highly Qualified Special Education Teachers (HQT)p. 6
Homeless Childrenp. 10
Limited English Proficientp. 11
Ward of the Statep. 12
Individualized Education Program (IEP); IEP Team; Individualized Family Service Plan (IFSP)p. 12
Infant or Toddler with a Disabilityp. 13
Native Languagep. 13
Parentp. 13
Qualified Personnelp. 14
Related Servicesp. 15
Scientifically Based Researchp. 17
Secondary Schoolp. 17
Services Planp. 17
Secretaryp. 17
Special Educationp. 17
Supplementary Aids and Servicesp. 18
Transition Servicesp. 18
Universal Designp. 19
State Eligibilityp. 20
FAPE Requirementsp. 20
Free Appropriate Public Educationp. 20
Exceptions to FAPE for Certain Agesp. 22
Other FAPE Requirementsp. 23
FAPE-Methods and Paymentsp. 23
Residential Placementp. 23
Assistive Technologyp. 23
Extended School Year Servicesp. 24
Nonacademic Servicesp. 24
Physical Educationp. 25
Full Educational Opportunity Goal (FEOG)p. 25
Program Optionsp. 25
Child Findp. 26
Routine Checking of Hearing Aids and External Components of Surgically Implanted Medical Devicesp. 27
Least Restrictive Environment (LRE)p. 28
LRE Requirementsp. 28
Continuum of Placementsp. 29
Placementsp. 29
Nonacademic Settingsp. 30
Children in Public or Private Institutionsp. 30
Technical Assistance and Training Activitiesp. 30
Monitoring Activitiesp. 31
Additional Eligibility Requirementsp. 31
Procedural Safeguards; Evaluation; Confidentiality of Personally Identifiable Informationp. 31
Transition of Children from Part C to Preschool Programsp. 31
Children with Disabilities Enrolled by Parents in Private Schoolsp. 32
Definition of Parentally Placed Private School Children with Disabilitiesp. 32
Child Find for Parentally Placed Private School Children with Disabilitiesp. 32
Provision of Services for Parentally Placed Private School Children with Disabilities-Basic Requirementp. 33
Expendituresp. 34
Consultationp. 35
Written Affirmationp. 36
Compliancep. 36
Equitable Services Determinedp. 37
Equitable Services Providedp. 38
Location of Services; Transportationp. 38
Due Process Complaints and State Complaintsp. 39
Requirement that funds Not Benefit a Private Schoolp. 39
Use of Personnelp. 40
Separate Classes Prohibitedp. 40
Children with Disabilities in Private Schools Placed or Referred by Public Agenciesp. 41
Applicability of Secs. 300.146-300.147. Responsibility of SEA; Implementation of SEAp. 41
Children with Disabilities Enrolled by Their Parents in Private Schools When FAPE is at Issuep. 42
Placement of Children by Parents if FAPE is at Issuep. 42
SEA Responsibility for General Supervision and Implementation of Procedural Safeguardsp. 44
SEA Responsibility for General Supervisionp. 44
SEA Implementation of Procedural Safeguardsp. 45
State Complaint Proceduresp. 45
Adoption of State Complaint Proceduresp. 45
Minimum State Complaint Proceduresp. 46
Filing a Complaintp. 47
Methods of Ensuring Servicesp. 47
Methods of Ensuring Servicesp. 47
Additional State Eligibility Requirementsp. 48
Comprehensive Systems of Personnel Developmentp. 48
Personnel Qualificationsp. 48
Performance Goals and Indicatorsp. 49
Participation in Assessments [Statutory Sec. 612(a)(16)]p. 50
Public Participationp. 52
State Advisory Panelp. 52
Membershipp. 52
Other Provisions Required for State Eligibilityp. 52
Suspension and Expulsion Ratesp. 52
Access to Instructional Materialsp. 53
Overidentification and Disproportionalityp. 55
Prohibition on Mandatory Medicationp. 55
By-Pass for Children in Private Schoolsp. 56
Show Cause Hearing; Decision; Continuation of a By-Passp. 56
State Administrationp. 57
State Administrationp. 57
Local Educational Agency Eligibilityp. 58
Use of Amountsp. 58
Maintenance of Effort; Exception to Maintenance of Effortp. 59
Adjustment to Local Fiscal Effort in Certain Fiscal Yearsp. 59
Schoolwide Programs Under Title I of the ESEAp. 60
Personnel Developmentp. 60
Permissive Use of Fundsp. 61
Treatment of Charter Schools and Their Studentsp. 61
Purchase of Instructional Materialsp. 62
Records Regarding Migratory Children with Disabilitiesp. 62
Coordinated Services Systemp. 62
Early Intervening Services (EIS)p. 63
School-Based Improvement Planp. 64
Direct Services by the SEAp. 64
Disciplinary Informationp. 65
SEA Flexibilityp. 66
Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placementsp. 67
Parental Consentp. 67
Evaluations and Reevaluationsp. 69
Initial Evaluationsp. 69
Screening for Instructional Purposes is Not Evaluationp. 70
Reevaluationsp. 70
Evaluation Proceduresp. 71
Additional Requirements for Evaluations and Reevaluationsp. 73
Determination of Eligibilityp. 74
Additional Procedures for Identifying Children with Specific Learning Disabilities (SLD)p. 75
Specific Learning Disabilitiesp. 75
Additional Group Membersp. 76
Determining the Existence of a Specific Learning Disabilityp. 76
Observationp. 78
Specific Documentation for the Eligibility Determinationp. 79
Individualized Education Programs (IEP)p. 81
Definition of Individualized Education Programp. 81
IEP Teamp. 84
Parent Participationp. 86
When IEPs Must be in Effectp. 87
Development, Review and Revision of IEPp. 88
Private School Placements by Public Agenciesp. 89
Educational Placementsp. 90
Alternative Means of Meeting Participationp. 90
Multi-Year IEP Demonstrationp. 91
Procedural Safeguardsp. 92
Opportunity to Examine Records; Parent Participation in Meetingsp. 92
Independent Educational Evaluationsp. 94
Prior Notice by the Public Agency; Consent of Noticep. 95
Procedural Safeguards Noticep. 96
Electronic Mailp. 97
Mediationp. 98
Filing a Due Process Complaintp. 99
Due Process Complaintp. 100
Model Formsp. 103
Resolution Processp. 103
Impartial Due Process Hearingp. 105
Hearing Rightsp. 106
Hearing Decisionsp. 107
Finality of Decision; Appeal; Impartial Reviewp. 108
Timelines and Convenience of Hearings and Reviewsp. 108
Civil Actionp. 109
Attorneys' Feesp. 110
Child's Status During Proceedingsp. 111
Surrogate Parentsp. 112
Transfer of Parental Rights at Age of Majorityp. 113
Discipline Proceduresp. 114
Authority of School Personnelp. 114
Determination of Settingp. 117
Appealp. 117
Placement During Appealsp. 119
Protections for Children Not Determined Eligible for Special Education and Related Servicesp. 120
Referral to and Action by Law Enforcement and Judicial Authoritiesp. 121
Change of Placement Because of Disciplinary Removalsp. 121
State Enforcement Mechanismsp. 122
Monitoring, Enforcement, Confidentiality, and Program Informationp. 123
State Monitoring and Enforcementp. 123
State Performance Plansp. 124
State Use of Targets and Reporting; Secretary's Review and Determination Regarding State Performancep. 124
Enforcement; Withholding Funds; State Enforcementp. 125
Confidentiality of Informationp. 127
Consentp. 127
Reports-Program Informationp. 127
Annual Report of Children Served-Information Required; Disproportionalityp. 127
Authorization, Allotment, Use of Funds, Authorization of Appropriationsp. 128
Local Educational Agency High Cost Fundp. 128
Preschool Grantsp. 129
Preschool Grantsp. 129
Infants and Toddlers with Disabilitiesp. 130
Section 635: Requirements for Statewide Systemp. 130
Section 637: State Application and Assurancesp. 131
Section 640(b): Obligations Related to & Methods of Ensuring Servicesp. 132
Section 641: State Interagency Coordinating Councilp. 132
Section 643(e): Reservation for State Incentive Grantsp. 132
National Activities to Improve Education of Children with Disabilitiesp. 132
State Personnel Development Grantsp. 133
Personnel Preparation, Technical Assistance, Model Demonstration Projects, and Dissemination of Informationp. 133
Section 644(c): Accountability for Students Held to Alternative Achievement Standardsp. 133
Section 665: Interim Alternative Educational Settings, Behavioral Supports, and Systemic School Interventionsp. 134
Supports to Improve Results for Children with Disabilitiesp. 135
Section 671: Parent Training and Information Centersp. 135
Section 674(e): National Instructional Materials Access Centerp. 135
Title II: National Center for Special Education Research (NCSER)p. 136
Indexp. 139
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