Individuals with Disabilities Education Improvement Act or IDEA 2004
About three years ago, the U.S. Department of Education approved new federal regulations governing the amendments to the Individuals with Disabilities Education Law that’s now known as the Individuals with Disabilities Education Improvement Act or IDEA 2004.
Virtually all schools will be impacted by the new IDEA regulations in these ways:
- How students with learning disabilities will be identified
- How the Individualized Education Program or IEP is developed or implemented
- How high school students transition into college
- Requirements for what are called Highly Qualified Teachers
The legislation will require each state to develop specific criteria for identifying students with learning disabilities. States may no longer use a criterion of severe discrepancy between intellectual functioning and academic achievement. Schools must use an identification process that is based on the student’s response to scientific, research-based interventions.
Another area that’s impacted by the law is the teachers themselves. Special Education teachers who teach core academic subjects to students with disabilities must be highly qualified in special education and they must also be highly qualified in the academic subject matter they teach. The new regulations do not require teachers in private schools to meet the highly qualified requirements of IDEA.
IDEA 2004 established new provisions that allow members of the IEP Team to be excused from attending IEP meetings under certain circumstances. These IEP Team members can only be excused if parents and the school provide written consent.
If a parent does not agree, an IEP meeting must be scheduled when the IEP Team member in question is able to attend. In addition, final regulations require that each teacher and provider be informed of his or her specific responsibility related to implementation of the IEP.
IDEA 2004 added a new requirement that transition services must be based on the students’ strengths as well as their interests and preferences. Activities developed for transition services must be designed as results oriented as opposed to the earlier requirement of outcomes oriented with a clear intent to ensure that the process includes activities designed to produce success for the student.
The process must focus on improving the academic and functional achievement of the student to facilitate movement from school to post-school activities.
For more information about special education and transitions, contact your local Iowa Area Education Agency. Click here to access a podcast about IDEA 2004.
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