The Individuals with Disabilities Education Improvement Act IDEA 2004

1
The Individuals with Disabilities Education
Improvement Act(IDEA 2004)

• Implementation Training
• Spring/Summer 2005

2
Desired Outcome

• Participants will understand the changes in IDEA
  2004 that were implemented on July 1, 2005.

3
Format of the Session

• Topic Presented
• Written Questions Collected

4
Individuals with Disabilities Education
Improvement Act

• IDEA 2004 (P.L. 108-446)
• Effective July 1, 2005
• HAR, Chapter 56 remains in effect when it
  provides greater benefit to the child and parent

5
Evaluation
6
Evaluation/Re-evaluation Changes

• Assessments
• State Assessment Data
• Parental Consent

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Assessments

• use a variety of assessment tools and strategies
  to gather relevant functional, developmental, and
  academic information

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Assessments Additional Requirement

• Administered in the language and form most likely
  to yield accurate information on what the child
  knows and can do academically, developmentally,
  and functionally, unless it is not feasible to
  provide or administer

9
State Assessment Data

• In the review of existing evaluation data, the
  IEP team shall review state assessment data
  (Hawaii State Assessment/Alternate Assessment)

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Initial Evaluation
20 days
60 days
11
Parental Consent

• After eligibility is determined, informed consent
  is needed before providing special education
  and/or related services
• If parents agree to continue the process an IEP
  will be developed

12
Parent Refuses to Consent

• If parents refuse or fail to respond to the
  request for consent
• a meeting will not be held to develop an IEP and
• special education and related services (FAPE)
  will not be provided

13

• The parents will be given 5 calendar days to
  grant or refuse consent.
• The parent will be informed that they have 5 days
  to make a decision.
• No response after 5 days ends the timeline

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Individualized Education Program(IEP)
15
Individualized Education Program

• Present Levels of Performance
• Goals and Objectives
• Participants at the Initial IEP for a Preschool
  Child
• Attendance at Meetings
• IEP Amendments
• Consolidation of IEP Meetings

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Present Levels of Performance

• Academic achievement, such as
• Students performance and progress in the general
  curriculum
• Performance on statewide, district, and/or
  schoolwide assessments
• Strengths and needs
• SDRT/SESAT
• Functional performance, such as
• Social/emotional/behavioral
• Physical Independence/Mobility
• Communication
• Independent Living

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Goals and Objectives

• A statement of measurable annual goals, including
  academic and functional goals
• Continue to write goals, including benchmarks or
  short-term objectives

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Required IEP Participants

• An Administrator or Designee
• The Parents
• The Student, whenever appropriate
• At least 1 special education teacher of the child
• At least 1 general education teacher of the child
• An individual who can interpret the instructional
  implications of evaluation results
• Related services providers or individuals who
  have knowledge or special expertise regarding the
  child

19
An Additional Participant at the Initial IEP for
a Preschool Child

• At the parents request, a Part C representative
  will be invited to the initial IEP meeting for a
  child who received services under Part C.

20
Attendance at IEP Meetings

• Required members of the IEP team may be excused
  from attendance for all or part of the IEP
  meeting.

21
Excusal from IEP Meetings

• The parent and the administrator must both agree
  to an excusal.
• The agreement must be in writing.

22
Excusal from IEP Meetings, cont.

• Whenever an area of curriculum or services
  delivered by the excused member is to be
  discussed---
• written input will be provided to the parent and
  IEP team members prior to the meeting.

23
IEP Amendments without a Meeting

• After the annual IEP is developed, the parent and
  principal may agree not to hold a meeting and
  instead develop a written document to amend or
  modify the IEP.

24
IEP Amendments without a Meeting, cont.

• Making amendments without meeting should be
  utilized only to make minor adjustments to the
  IEP.
• A revised copy of the IEP, with the amendments
  incorporated will be given to the parents.

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IEP Amendments without a Meeting, cont.

• The consent to amend an IEP without a meeting
  must be in writing.
• All IEP team members must be informed and provide
  input as appropriate.
• Amendments will be documented on a Prior Written
  Notice (PWN)
• Upon agreement, amendments will be incorporated
  into the IEP and a copy of the revised IEP
  provided to the parent.

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Consolidation of IEP Meetings

• Whenever possible schools are
• encouraged to consolidate reevaluation meetings
  and other IEP meetings for the child.

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Secondary Transition
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Secondary Transition

• Definition
• results-oriented process, that is focused on
  improving the academic and functional
  achievement

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Secondary Transition.

• Transition Plan in the IEP
• appropriate measurable postsecondary goals based
  upon age-appropriate transition assessments
• transition services needed (including course of
  study)

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Summary of Performance
31
Summary of Performance

• School must provide a summary of
• (1) academic achievement and
• (2) functional performance with
• (3) recommendations to assist the student in
  meeting postsecondary goals

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Summary of Performance

• (1) Academic Achievement
• Most recent academic scores (reading and math)
• Report card from final year
• Progress reports from the IEP
• Other

• (2) Functional Performance (skill level)
• Social/emotional/ behavioral
• Independence/Mobility
• Communication
• Independent Living

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Summary of Performance.
34
Summary of Performance

• Must be provided to students leaving the system
  upon
• Graduation
• Exceeding the age of eligibility (aging out at 20
  years)

35
Discipline
36
Discipline Children not yet eligible

• A school is deemed to have no knowledge that a
  student has a disability when
• Parent refused to consent for initial evaluation
• Parent refused to consent to the initial
  provision of services
• Child evaluated and found not eligible for
  services

37
Discipline.

• School may remove student to an Interim
  Alternative Education Setting (IAES) for 45 days
  for
• Possession of a weapon
• Possession or use of illegal drugs
• Added in 2004
• Inflicts serious bodily injury
• Injury with risk of death
• Extreme physical pain
• Obvious disfigurement
• Loss/impairment of function of body part or
  mental function

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Procedural Safeguards
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Procedural Safeguards

• Procedural Safeguards Notice
• Due Process Requests
• Statute of Limitations
• Response to Due Process Request
• Sufficiency of Hearing Request
• Resolution

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Procedural Safeguards Notice (PSN) formerly the
Parent and Student Rights brochure

• The new Procedural Safeguards Notice is available
  online on the Departments homepage
  (www.doe.k12.hi.us)
• The PSN will be given to parents upon request
• for evaluation
• for a copy of the Procedural Safeguards Notice

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Procedural Safeguards Related to Due Process
Requests

• Statute of limitations
• Within two years of parents knowledge of alleged
  actions
• Within ninety days of parents unilateral
  placement of child in private school, if
  requesting reimbursement
• Does not apply if parent was prevented from
  requesting the hearing due to
• Misrepresentations
• Withholding of information

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Response to Due Process Request

• within 10 days of receipt of request, the
  non-complaining party (school or parent) must
  send a written response to the complaining party.

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Sufficiency of Hearing Request

• Within 15 days, the hearing officer and the other
  party must be notified in writing if the hearing
  notice is thought to be insufficient.
• The hearing officer has 5 days to determine the
  sufficiency of the notice.

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Resolution Session

• Parents and the relevant members of the IEP team
  meet to discuss and resolve the issues of the
  complaint

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Resolution Session, cont.

• Held within 15 days of receipt of request for
  hearing unless both parties
• agree to go to mediation or
• agree in writing to waive
• Agreement to be reached within 30 days.
• Written agreement is legally binding.
• 3 business days to void