What Every Teacher Should Know About The Individuals with Disabilities Education Act as Amended in 2004

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  • Edition: 2nd
  • Format: Paperback
  • Copyright: 2020-01-23
  • Publisher: Pearson

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Supplemental Materials

What is included with this book?


Do your students need to learn the basics of the IDEA 2004 Amendment? This brief guide, written by the leading experts in special education law, outlines the history of IDEA; the major purposes of the 2004 Law; specific definitions to terms in the 2004 Amendment; and a discussion of IDEA's principles: IEPs, learning disabilities, transition, over-identification, early intervening services, and discipline.

Table of Contents

Overviewp. 1
IDEA: A Brief History and Our Approachp. 1
IDEA (As Amended in 2004) and Its Relationship to the No Child Left Behind Actp. 2
IDEA and Its Relationship to Civil Rights Laws-Section 504 of the Rehabilitation Act and the Americans with Disabilities Actp. 3
IDEA and Its Six Principlesp. 4
National Policy and IDEA, Section 1400(c)(1)p. 5
Nature of IDEA: Grant-in-Aid, Sections 1411, 1412, and 1413p. 6
Major Purposes of IDEA, Section 1400(c)(4) and (5), and Section 1400(d)p. 7
Definitions, Section 1401p. 10
Zero Reject: The First of The Six Principlesp. 17
Reviewing the Six Principlesp. 17
Ages Covered (3-21) Under Part Bp. 17
Child Census, Section 1412(a)(3)p. 18
Comprehensive Coverage, Section 1412p. 19
Direct Services by State Educational Agency, Section 1413(g)p. 21
Single-Agency Responsibility, Section 1412(a)(11)p. 21
SEA Capacity-Building and Performance Goals, Section 1412(a) (12)-(25)p. 21
LEA Capacity-Building, Section 1413p. 22
Costs and Cost-Shifting, Section 1412(a)(12)(A)p. 23
Architectural Barriers, Section 1404p. 23
Personnel, Section 1401(10) and Section 1412(a)(14)p. 24
Students in Correctional Facilities, Section 1412(a)(1)(B) and (11) and Section 1414(d)(7)p. 25
Discipline, Section 1415(k)p. 26
Early Intervention (Ages 0-3) Under Part C, Section 1431 et seq.p. 26
Transition Planning for Infants and Toddlers, Section 1412(a)(9)p. 27
Non-Discriminatory Evaluation: The Second of the Six Principlesp. 28
Reviewing the Six Principlesp. 28
The NDE Team and the Purpose of the NDE, Section 1414(b)(4)p. 28
Evaluation Standards and Procedures Section 1414(b)p. 30
Exclusion from Special Educationp. 32
Initial Evaluations, Section 1414(a)(1)p. 33
Parent Participation, Section 1414(d)(1)(B)p. 34
Parental Consent, Section 1414(a)(1)(D)p. 34
Reevaluation, Section 1414(a)(2)p. 36
No Evaluation, No Services, Section 1414(a)(1)p. 38
Independent Evaluations, Section 1415(b)(1)p. 39
Infants and Toddlers, Section 1435(a)(3)p. 40
Appropriate Education: The Third of the Six Principlesp. 40
Reviewing the Six Principlesp. 40
Defining an Appropriate Education, Section 1401(9)p. 40
Interpreting the Definition: The Rowley Decisionp. 41
Individualized Education Program (IEP), Section 1414(d)p. 42
The Individualized Education Program Team, Section 1414(d)(1)(B)p. 46
Parent Participationp. 47
IEP Team Attendance, Section 1414 (d)(1)(C)p. 48
Required Considerations, Section 1414(d)(3)(A)p. 48
Special Duties of Regular Educator, Section 1414(d)(3)(C)p. 50
Private School Placement and IEPs, Section 1412(a)(10)(B)p. 51
Waiver of Team Meetings for Changes and Amendments, Section 1414(d)(3)(D)p. 51
Revising the IEP, Section 1414(d)(4)p. 52
Related and Other Services and Supports, Section 1414(d)(1)(A)(i)(4)p. 53
Transition Services, Section 1401(34) and Section 1414(d)(1)(A)(i)(VIII)p. 54
Tuition Reimbursement as Remedy for Denying Appropriate Educationp. 56
Additional Remedies: Extended School Year Services (ESY) and Compensatory Educationp. 59
Early Intervention for Infants and Toddlers and Their Families Provisions, Part C, Sections 1431-1445p. 60
Nature of Early Intervention Services, Section 1432(4)p. 61
Individualized Family Service Plan (IFSP), Section 1436p. 61
IFSP Team, Section 1436p. 64
Contents of the IFSP, Section 1436(a)p. 64
Timing, Section 1436(b) and (c)p. 65
Least Restrictive Environment: The Fourth of the Six Principlesp. 66
Reviewing the Six Principles and Introducing the Presumption Favoring Inclusionp. 66
The General Rule, Section 1412(a)(5)p. 67
Strengthening the Presumption, "Extent, if any," Section 1414(d)(1)(A)(i)(V)p. 67
Securing Access to the LRE/General Curriculum Via NDE and AEp. 68
Procedural Due Process: The Fifth of the Six Principlesp. 71
Reviewing the Six Principles and the Nature of Procedural Due Processp. 71
Procedural Due Process in General, Section 1415p. 71
Parental Consent, Section 1414(c)(3)p. 72
General Notice Requirements, Section 1415(b)(3), Section 1415(c)p. 74
Procedural Safeguards Notice, Section 1415 (d)(1)(A)p. 75
Complaints (Requests for Due Process Hearings), Section 1415(b)(6)p. 77
Mediation: Section 1415(e)p. 80
Resolution Session: Section 1415(f)(1)(B)p. 81
Due Process Hearings: Section 1415(f)p. 82
Discipline, Section 1415(k)p. 85
Notice of Rightsp. 86
Discipline for Violation of School Code, Section 1415(k)(1)(A)-(F)p. 87
Application of No-Cessation and Address-the-Behavior Exceptionsp. 89
Application of the Manifestation Exceptionp. 90
Exception for Weapons, Drugs, and Serious Bodily Injuryp. 93
Determination of Setting, Section 1415(k)(2)p. 93
Appeal of Disciplinary Placement or Manifestation Determination Findingp. 94
No Disciplinary Stay Put Requirementp. 94
Burden of Proofp. 95
Conduct of Hearing and Finding by Hearing Officerp. 96
Preemptive Strikep. 96
Right to Appeal, Section 1415(g) and (i)p. 98
Attorneys' Fees, Section 1415(i)p. 98
Parent Participation: The Sixth of the Six Principlesp. 99
Reviewing the Six Principlesp. 99
Parent Participation and Shared Decision Makingp. 99
Definition of Parents, Section 1401(23)p. 100
Parents as Team Participantsp. 100
Parents and Private Schools, Section 1412(a)(10)(C)p. 101
Parental Consentp. 101
Parental Requestsp. 101
Parental Agreementp. 102
Parental Rights to Notice-General and Proceduralp. 102
Parental Rights to Recordsp. 103
Parental Rights to Due Process and Mediationp. 103
"Family Systems" Approach Throughout IDEAp. 103
Conclusionp. 104
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