What Every Teacher Should Know About IDEA 2004 Laws & Regulations

by Mandlawitz, Myrna

• ISBN13: 9780205505685
• ISBN10: 0205505686
• Edition: 1st
• Format: Paperback
• Copyright: 2006-12-11
• Publisher: Pearson

Summary

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 Organized	p. viii
How to read this document	p. 1
General	p. 1
Section 300: Definitions Used in the Act	p. 1
Assistive Technology Device	p. 1
Assistive Technology Service	p. 1
Charter School	p. 1
Child with a Disability	p. 2
Consent	p. 5
Core Academic Subjects	p. 5
Elementary School	p. 5
Evaluation	p. 6
Free Appropriate Public Education	p. 6
Highly Qualified Special Education Teachers (HQT)	p. 6
Homeless Children	p. 10
Limited English Proficient	p. 11
Ward of the State	p. 12
Individualized Education Program (IEP); IEP Team; Individualized Family Service Plan (IFSP)	p. 12
Infant or Toddler with a Disability	p. 13
Native Language	p. 13
Parent	p. 13
Qualified Personnel	p. 14
Related Services	p. 15
Scientifically Based Research	p. 17
Secondary School	p. 17
Services Plan	p. 17
Secretary	p. 17
Special Education	p. 17
Supplementary Aids and Services	p. 18
Transition Services	p. 18
Universal Design	p. 19
State Eligibility	p. 20
FAPE Requirements	p. 20
Free Appropriate Public Education	p. 20
Exceptions to FAPE for Certain Ages	p. 22
Other FAPE Requirements	p. 23
FAPE-Methods and Payments	p. 23
Residential Placement	p. 23
Assistive Technology	p. 23
Extended School Year Services	p. 24
Nonacademic Services	p. 24
Physical Education	p. 25
Full Educational Opportunity Goal (FEOG)	p. 25
Program Options	p. 25
Child Find	p. 26
Routine Checking of Hearing Aids and External Components of Surgically Implanted Medical Devices	p. 27
Least Restrictive Environment (LRE)	p. 28
LRE Requirements	p. 28
Continuum of Placements	p. 29
Placements	p. 29
Nonacademic Settings	p. 30
Children in Public or Private Institutions	p. 30
Technical Assistance and Training Activities	p. 30
Monitoring Activities	p. 31
Additional Eligibility Requirements	p. 31
Procedural Safeguards; Evaluation; Confidentiality of Personally Identifiable Information	p. 31
Transition of Children from Part C to Preschool Programs	p. 31
Children with Disabilities Enrolled by Parents in Private Schools	p. 32
Definition of Parentally Placed Private School Children with Disabilities	p. 32
Child Find for Parentally Placed Private School Children with Disabilities	p. 32
Provision of Services for Parentally Placed Private School Children with Disabilities-Basic Requirement	p. 33
Expenditures	p. 34
Consultation	p. 35
Written Affirmation	p. 36
Compliance	p. 36
Equitable Services Determined	p. 37
Equitable Services Provided	p. 38
Location of Services; Transportation	p. 38
Due Process Complaints and State Complaints	p. 39
Requirement that funds Not Benefit a Private School	p. 39
Use of Personnel	p. 40
Separate Classes Prohibited	p. 40
Children with Disabilities in Private Schools Placed or Referred by Public Agencies	p. 41
Applicability of Secs. 300.146-300.147. Responsibility of SEA; Implementation of SEA	p. 41
Children with Disabilities Enrolled by Their Parents in Private Schools When FAPE is at Issue	p. 42
Placement of Children by Parents if FAPE is at Issue	p. 42
SEA Responsibility for General Supervision and Implementation of Procedural Safeguards	p. 44
SEA Responsibility for General Supervision	p. 44
SEA Implementation of Procedural Safeguards	p. 45
State Complaint Procedures	p. 45
Adoption of State Complaint Procedures	p. 45
Minimum State Complaint Procedures	p. 46
Filing a Complaint	p. 47
Methods of Ensuring Services	p. 47
Methods of Ensuring Services	p. 47
Additional State Eligibility Requirements	p. 48
Comprehensive Systems of Personnel Development	p. 48
Personnel Qualifications	p. 48
Performance Goals and Indicators	p. 49
Participation in Assessments [Statutory Sec. 612(a)(16)]	p. 50
Public Participation	p. 52
State Advisory Panel	p. 52
Membership	p. 52
Other Provisions Required for State Eligibility	p. 52
Suspension and Expulsion Rates	p. 52
Access to Instructional Materials	p. 53
Overidentification and Disproportionality	p. 55
Prohibition on Mandatory Medication	p. 55
By-Pass for Children in Private Schools	p. 56
Show Cause Hearing; Decision; Continuation of a By-Pass	p. 56
State Administration	p. 57
State Administration	p. 57
Local Educational Agency Eligibility	p. 58
Use of Amounts	p. 58
Maintenance of Effort; Exception to Maintenance of Effort	p. 59
Adjustment to Local Fiscal Effort in Certain Fiscal Years	p. 59
Schoolwide Programs Under Title I of the ESEA	p. 60
Personnel Development	p. 60
Permissive Use of Funds	p. 61
Treatment of Charter Schools and Their Students	p. 61
Purchase of Instructional Materials	p. 62
Records Regarding Migratory Children with Disabilities	p. 62
Coordinated Services System	p. 62
Early Intervening Services (EIS)	p. 63
School-Based Improvement Plan	p. 64
Direct Services by the SEA	p. 64
Disciplinary Information	p. 65
SEA Flexibility	p. 66
Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements	p. 67
Parental Consent	p. 67
Evaluations and Reevaluations	p. 69
Initial Evaluations	p. 69
Screening for Instructional Purposes is Not Evaluation	p. 70
Reevaluations	p. 70
Evaluation Procedures	p. 71
Additional Requirements for Evaluations and Reevaluations	p. 73
Determination of Eligibility	p. 74
Additional Procedures for Identifying Children with Specific Learning Disabilities (SLD)	p. 75
Specific Learning Disabilities	p. 75
Additional Group Members	p. 76
Determining the Existence of a Specific Learning Disability	p. 76
Observation	p. 78
Specific Documentation for the Eligibility Determination	p. 79
Individualized Education Programs (IEP)	p. 81
Definition of Individualized Education Program	p. 81
IEP Team	p. 84
Parent Participation	p. 86
When IEPs Must be in Effect	p. 87
Development, Review and Revision of IEP	p. 88
Private School Placements by Public Agencies	p. 89
Educational Placements	p. 90
Alternative Means of Meeting Participation	p. 90
Multi-Year IEP Demonstration	p. 91
Procedural Safeguards	p. 92
Opportunity to Examine Records; Parent Participation in Meetings	p. 92
Independent Educational Evaluations	p. 94
Prior Notice by the Public Agency; Consent of Notice	p. 95
Procedural Safeguards Notice	p. 96
Electronic Mail	p. 97
Mediation	p. 98
Filing a Due Process Complaint	p. 99
Due Process Complaint	p. 100
Model Forms	p. 103
Resolution Process	p. 103
Impartial Due Process Hearing	p. 105
Hearing Rights	p. 106
Hearing Decisions	p. 107
Finality of Decision; Appeal; Impartial Review	p. 108
Timelines and Convenience of Hearings and Reviews	p. 108
Civil Action	p. 109
Attorneys' Fees	p. 110
Child's Status During Proceedings	p. 111
Surrogate Parents	p. 112
Transfer of Parental Rights at Age of Majority	p. 113
Discipline Procedures	p. 114
Authority of School Personnel	p. 114
Determination of Setting	p. 117
Appeal	p. 117
Placement During Appeals	p. 119
Protections for Children Not Determined Eligible for Special Education and Related Services	p. 120
Referral to and Action by Law Enforcement and Judicial Authorities	p. 121
Change of Placement Because of Disciplinary Removals	p. 121
State Enforcement Mechanisms	p. 122
Monitoring, Enforcement, Confidentiality, and Program Information	p. 123
State Monitoring and Enforcement	p. 123
State Performance Plans	p. 124
State Use of Targets and Reporting; Secretary's Review and Determination Regarding State Performance	p. 124
Enforcement; Withholding Funds; State Enforcement	p. 125
Confidentiality of Information	p. 127
Consent	p. 127
Reports-Program Information	p. 127
Annual Report of Children Served-Information Required; Disproportionality	p. 127
Authorization, Allotment, Use of Funds, Authorization of Appropriations	p. 128
Local Educational Agency High Cost Fund	p. 128
Preschool Grants	p. 129
Preschool Grants	p. 129
Infants and Toddlers with Disabilities	p. 130
Section 635: Requirements for Statewide System	p. 130
Section 637: State Application and Assurances	p. 131
Section 640(b): Obligations Related to & Methods of Ensuring Services	p. 132
Section 641: State Interagency Coordinating Council	p. 132
Section 643(e): Reservation for State Incentive Grants	p. 132
National Activities to Improve Education of Children with Disabilities	p. 132
State Personnel Development Grants	p. 133
Personnel Preparation, Technical Assistance, Model Demonstration Projects, and Dissemination of Information	p. 133
Section 644(c): Accountability for Students Held to Alternative Achievement Standards	p. 133
Section 665: Interim Alternative Educational Settings, Behavioral Supports, and Systemic School Interventions	p. 134
Supports to Improve Results for Children with Disabilities	p. 135
Section 671: Parent Training and Information Centers	p. 135
Section 674(e): National Instructional Materials Access Center	p. 135
Title II: National Center for Special Education Research (NCSER)	p. 136
Index	p. 139
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