IDEA-2004

1. Spring 2005 - Introductory Presentation of IDEA-2004 1 IDEA-2004 P.L. 108-446 (former P.L. 105-17) Individuals with Disabilities Education Improvement Act

2. Spring 2005 - Introductory Presentation of IDEA-2004 2 Part A � General Provisions Congress finds: 1. Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self sufficiency for individuals with disabilities. This is a continued finding � also in IDEA-97This is a continued finding � also in IDEA-97

3. Spring 2005 - Introductory Presentation of IDEA-2004 3 Congress finds� 2. Before the date of enactment of the Education for All Handicapped Children Act of 1975 (PL 94-142), the educational needs of millions of children with disabilities were not being fully met because The children did not receive appropriate educational services. The children were excluded entirely from the public school system and from being educated with their peers. Undiagnosed disabilities prevented the children from having a successful educational experience; or A lack of adequate resources within the public school system forced families to find services outside the public school system. Rephrased and reduced but essentially the same as IDEA-97Rephrased and reduced but essentially the same as IDEA-97

4. Spring 2005 - Introductory Presentation of IDEA-2004 4 Congress finds� 3. Since enactment �this title has been successful in ensuring �access to�FAPE�and in improving educational results� 4. However, the implementation�has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning� 5. 30 years of research and experience�education of children with disabilities can be made more effective by A. Having high expectations�ensuring�access to the general curriculum�in the regular classroom, to the maximum extent possible� New emphasis on LRE here.New emphasis on LRE here.

5. Spring 2005 - Introductory Presentation of IDEA-2004 5 Congress finds� Strengthening the role and responsibility of parents�meaningful opportunities to participate� Coordinating ..with other �efforts, including improvement efforts under the Elementary and Secondary Education Act of 1965� Providing appropriate special education and related services� Supporting high-quality, intensive pre-service preparation and professional development�to ensure that such personnel have the skills and knowledge necessary to improve the academic achievement and functional performance of children with disabilities.

6. Spring 2005 - Introductory Presentation of IDEA-2004 6 Congress finds� Providing incentives for whole-school approaches, scientifically based early reading programs, positive behavioral interventions and supports, and early intervening services to reduce the need to label children as disabled in order to address the learning and behavioral needs of such children. Focusing resources on teaching and learning while reducing paperwork and requirements that do not assist in improving educational results; and Supporting the development and use of technology, including assistive technology devices and assistive technology services, to maximize accessibility for children with disabilities. Interesting language in F that makes clear that Congress does not see �disability� as something that requires special education. --- a strong endorsement for a healthy and responsive general education program.Interesting language in F that makes clear that Congress does not see �disability� as something that requires special education. --- a strong endorsement for a healthy and responsive general education program.

7. Spring 2005 - Introductory Presentation of IDEA-2004 7 Congress finds� 6. �it is in the national interest that the Federal Government have a supporting role� 7. A more equitable allocation of resources is essential for the Federal Government to meet its responsibility to provide an equal educational opportunity for all individuals. 8. Parents and schools should be given expanded opportunities to resolve their disagreements in positive and constructive ways. 9. Teachers, schools, LEAs, and States should be relieved of irrelevant and unnecessary paperwork burdens that do not lead to improved educational outcomes.

8. Spring 2005 - Introductory Presentation of IDEA-2004 8 Congress finds� 10. The Federal Government must be responsive to the growing needs of an increasingly diverse society�ethnic profile is rapidly changing. In 2000 one of every three persons in the US was a member of a minority group or was LEP�LEP population is the fastest growing in our Nation�discrepancies in the levels of referral and placement of LEP children in special education�greater efforts are needed to prevent�problems connected with mislabeling and high dropout rates among minority children with disabilities�African-American children are identified as having mental retardation and emotional disturbance at rates greater than their White counterparts�* *1998-99 school year data shows African-American students (age 6-21) represented 14.8% of the population but comprised 20.2% of students with disabilities. This is especially true for schools with predominately white students and teachers --- more likely to find differences=disability. One focus of concern then is that as the number of minority students increases, the number of minority teachers and related services personnel decreases � not necessarily a causal relationship, but a trend of concern.*1998-99 school year data shows African-American students (age 6-21) represented 14.8% of the population but comprised 20.2% of students with disabilities. This is especially true for schools with predominately white students and teachers --- more likely to find differences=disability. One focus of concern then is that as the number of minority students increases, the number of minority teachers and related services personnel decreases � not necessarily a causal relationship, but a trend of concern.

9. Spring 2005 - Introductory Presentation of IDEA-2004 9 Purposes Ensure that all children with disabilities have FAPE �designed to meet their unique needs and prepare them for further education, employment and independent living; Ensure that the rights of children with disabilities and their parents are protected; and� Ensure that educators and parents have the necessary tools to improve educational results �by supporting system improvement activities; coordinated research and personnel preparation; coordinated technical assistance, dissemination, and support; and technology development and media services; and To assess, and ensure the effectiveness of, efforts to educate children with disabilities.

10. Spring 2005 - Introductory Presentation of IDEA-2004 10 Effective Dates Except for the definition of a �Highly Qualified� special education teacher, Parts A, B & C of the Act take effect on July 1, 2005.* HQ definition took effect on December 3, 2004. Until final regulations are completed, we are responsible for any/all changes in the statute and continued responsibility for any existing regulations that are not in conflict with the statute

11. Spring 2005 - Introductory Presentation of IDEA-2004 11 Overview Administrative Provisions Definitions Appropriate Evaluation IEPs FAPE in the LRE Parent Participation Procedural Safeguards

12. Spring 2005 - Introductory Presentation of IDEA-2004 12 General Admin. Provisions Authority to regulate limited to �only as necessary to ensure�compliance with�[IDEA statute]� Reduced public comment period from 90 days to 75 days. 15 states may apply for paperwork reduction pilot (up to four years) Requires states to identify in writing any state-imposed requirement not required by IDEA.

13. Spring 2005 - Introductory Presentation of IDEA-2004 13 General Admin. Provisions continued States must have policies and procedures to prevent over-identification and mis-identification (�612(a)(24)). States must look at state and local data to identify disproportionality across disability categories, in placements; and in disciplinary actions.* Prohibition on requiring that any child obtain a prescription for a �controlled substance� as a condition of attending school, or receiving an evaluation or services under IDEA. USDOE required to develop model forms for IEP, IFSP, Notice of procedural safeguards, and prior written notice, no later than date of final regulations.** * and must provide for review and revision of policies, procedures or practices related to overID and disproportionality. See also the requirement under �instructional support flexibility� **Date of final regulations, according to USDOE, is intended to be 12/05. * and must provide for review and revision of policies, procedures or practices related to overID and disproportionality. See also the requirement under �instructional support flexibility� **Date of final regulations, according to USDOE, is intended to be 12/05.

14. Spring 2005 - Introductory Presentation of IDEA-2004 14 More general admin. provisions Changes to the �non-supplanting� or maintenance of effort requirements of IDEA. Up to 50% of IDEA increase may be used to reduce state/local expenditures for special education and instead use those funds for NCLB type activities. States may prohibit LEAs use of this authority if significant compliance issues exist in special ed. Current interpretations of statutory language suggest that a cumulative reduction in state and local expenses may occur over time up to 50% of current expenditures. * *this means we will have to develop procedures to maintain information on use of this provision over time.*this means we will have to develop procedures to maintain information on use of this provision over time.

15. Spring 2005 - Introductory Presentation of IDEA-2004 15 Flexibility spending federal funds LEAs may use up to 15% of entitlement funds for additional academic and behavioral support to students not disabled,* but needing such support to be successful in general ed. (allows k-12 services, with focus on k-3). If LEA both provides these types of instructional support (early intervening) services and reduces state/local expenditures under previous provision, the LEA must first use the �reallocated� federal funds from the non-supplanting provision. The overall use of entitlement funds reallocated to services for non-disabled students may not exceed 15% of the grant. LEAs providing such services would annually report # of students served and # subsequently requiring special education (over past two year period). *using such services does not create any right to FAPE, but is not limited to non-disabled students and does not limit the FAPE rights of disabled students. *using such services does not create any right to FAPE, but is not limited to non-disabled students and does not limit the FAPE rights of disabled students.

16. Spring 2005 - Introductory Presentation of IDEA-2004 16 Instructional Support* Professional development to enable staff to deliver scientifically based academic instruction and behavioral interventions Educational/behavioral evaluations (not SPED), services and supports. If the state makes a finding of significant disproportionality the LEA will be REQUIRED to fully utilize this option to serve over-identified student group(s). *very consistent with our current regulation on curriculum accommodation plans and the language at 28.03(3) on responsibilities of the School Principal to provide instructional support programs. Reg. language: the principal shall promote instructional practices responsive to student needs and shall ensure that adequate instructional support is available for students and teachers. Instructional support shall include remedial instruction for students, consultative services for teachers, availability of reading instruction at the elementary level, appropriate services for linguistic minority students, and other services consistent with effective educational practices and the requirements of M.G.L. c. 71B, � 2. Therefore, we assume many districts will already have such programs up and operating. Additionally, it is our belief that the language in the statute related to �response to intervention� programs is related to this additional flexibility and the development of an RTI program would fit under this rubric.*very consistent with our current regulation on curriculum accommodation plans and the language at 28.03(3) on responsibilities of the School Principal to provide instructional support programs. Reg. language: the principal shall promote instructional practices responsive to student needs and shall ensure that adequate instructional support is available for students and teachers. Instructional support shall include remedial instruction for students, consultative services for teachers, availability of reading instruction at the elementary level, appropriate services for linguistic minority students, and other services consistent with effective educational practices and the requirements of M.G.L. c. 71B, � 2. Therefore, we assume many districts will already have such programs up and operating. Additionally, it is our belief that the language in the statute related to �response to intervention� programs is related to this additional flexibility and the development of an RTI program would fit under this rubric.

17. Spring 2005 - Introductory Presentation of IDEA-2004 17 Other general administrative provisions LEAs are permitted to use funds for administrative case management technology. LEAs must cooperate with national efforts to improve electronic transfer of health and education records of migratory children with disabilities. Once the national center for Instructional Materials Access publishes standards for instructional material for blind persons and others with print disabilities the state must either adopt the standard and coordinate with the center or make assurance to the Secretary that instructional materials will be provided in a timely fashion. LEAs must similarly respond to such instructional materials standards.

18. Spring 2005 - Introductory Presentation of IDEA-2004 18 More general administrative provisions Children moving from one state to another. New district must make presumption of eligibility and services and must provide IEP services consistent with the previous IEP and in consultation with the parents pending district determination of action. District may accept eligibility and IEP and annually review and revise District may require evaluation to make new eligibility determination and, if appropriate, develop new IEP.** IDEA 2004 also requires comparable services within state but Mass. Already requires that through our regulations � this change is reflected in revised language so that our state regulations do not conflict with this federal requirement.IDEA 2004 also requires comparable services within state but Mass. Already requires that through our regulations � this change is reflected in revised language so that our state regulations do not conflict with this federal requirement.

19. Spring 2005 - Introductory Presentation of IDEA-2004 19 Part B authorization levels 2005 $12,358,376,571 2006 $14,648,647,143 2007 $16,938,917,714 2008 $19,229,188,286 2009 $21,519,458,857 2010 $23,809,729,429 2011 $26,100,000,000 Beyond � �such sums as may be necessary Seven year ramping up to 40% of APPE. However, FFY 2005 appropriation (which is our FY 2006) is $10,589,745,824 so we are already not at full authorization levels.

20. Spring 2005 - Introductory Presentation of IDEA-2004 20 Monitoring Shift in emphasis to outcomes (both educational and functional outcomes). Priority areas which must be monitored and for which quantifiable indicators must be identified: 1. FAPE in the LRE; 2. Child find; 3. use of resolution sessions, mediation 4. and a system of transition services;* 5. Disproportionate representation of racial and ethnic groups in special education** *Transition services is a key focus for us at the state department **to the extent that such representation is the result of inappropriate identification.*Transition services is a key focus for us at the state department **to the extent that such representation is the result of inappropriate identification.

21. Spring 2005 - Introductory Presentation of IDEA-2004 21 State Performance Plan Due 12/2005* Measurable and rigorous targets under the priority areas. Review at least 1x/6 years. Submit valid and reliable data annually. Report annually to the public on the LEAs performance on targets Annual info used to determine if state �meets requirements and purposes; needs assistance; needs intervention; or needs substantial intervention. Specific actions associated with any finding other than �meets.�** * Includes provisions in 616(c)(1) --Considered approved unless written determination from Secretary within 120 days of receipt. ** including activities such as providing TA, designating and using specialists or national centers, requirement on use of funds, imposing special conditions, requiring the state to develop a CAP, withholding or suspending special education funds from the state, referring matters to the Department of Justice or Inspector General* Includes provisions in 616(c)(1) --Considered approved unless written determination from Secretary within 120 days of receipt. ** including activities such as providing TA, designating and using specialists or national centers, requirement on use of funds, imposing special conditions, requiring the state to develop a CAP, withholding or suspending special education funds from the state, referring matters to the Department of Justice or Inspector General

22. Spring 2005 - Introductory Presentation of IDEA-2004 22 Potential Actions with Young Children State may elect to allow children 3-5 years old who are eligible for Part B to continue in Part C.* Informed written consent by parents. Annual notices explaining differences in programs Program components promoting school readiness No obligation for FAPE. Once appropriations for Part C exceed $460 million** Secretary reserves 15% of Part C for incentives for this program. *Transferring either regular Part B or 619 money to the Part C agency for that purpose. **FFY 2005 Part C appropriation is about $441 million.*Transferring either regular Part B or 619 money to the Part C agency for that purpose. **FFY 2005 Part C appropriation is about $441 million.

23. Spring 2005 - Introductory Presentation of IDEA-2004 23 Definitions

24. Spring 2005 - Introductory Presentation of IDEA-2004 24 New Definitions Highly Qualified Special Ed. Teachers � (This definition and its provisions in effect immediately) Advisory 2005-1 No individual right of action under IDEA for lack of meeting HQ requirements. The IDEA definition of Highly Qualified Teachers means that all special education teachers must be highly qualified (not just those who teach in content areas), but the strata of what that means for different types of teachers changes the requirements depending on the type of teacher. States are required to have a policy that LEAs take �measurable steps to recruit, hire, train, and retain HQP.�

25. Spring 2005 - Introductory Presentation of IDEA-2004 25 New Definitions - Continued Core Academic Subjects (cross to NCLB) Homeless children (cross to McKinney-Vento) Limited English proficient (cross to NCLB) Universal design (cross to Assistive Technology Act) Ward of the state, includes foster child (except if child has a foster parent), a ward of the state, or a child in the custody of a public child welfare agency.

26. Spring 2005 - Introductory Presentation of IDEA-2004 26 New Definitions - Continued Modified assistive technology device to exclude surgically implanted medical devices. Expanded the definition of parent to include adoptive or foster parent, guardian, an individual with whom the child lives (such as a grandparent), or an individual legally responsible for the child�s welfare.* Added to the definition of related services, interpreting services, certain school nursing services** and excluding surgically implanted medical devices. Despite our state regulations not having this exact same definition, we include the term �person acting as a parent� � which covers the expanded language. ** �school nurse services designed to enable a child with a disability to receive FAPE as described in the IEP of the child�Despite our state regulations not having this exact same definition, we include the term �person acting as a parent� � which covers the expanded language. ** �school nurse services designed to enable a child with a disability to receive FAPE as described in the IEP of the child�

27. Spring 2005 - Introductory Presentation of IDEA-2004 27 Appropriate Evaluation State Assessment District Assessment Eligibility evaluations Three year evaluations

28. Spring 2005 - Introductory Presentation of IDEA-2004 28 Performance Goals & Indicators States must have performance goals* for SWDs tied to AYP and must measure progress toward these goals in the same way that progress is measured for children under NCLB. Annual reporting on progress towards these goals is required. * Tied to the Performance Plan for the State that was discussed earlier and is due in December of this year. Performance goals for graduation and dropout are also required in the Performance Plan for the State.* Tied to the Performance Plan for the State that was discussed earlier and is due in December of this year. Performance goals for graduation and dropout are also required in the Performance Plan for the State.

29. Spring 2005 - Introductory Presentation of IDEA-2004 29 Evaluation Participation of all SWDs in assessment either standard, with accommodations, or through an alternate assessment tied to the same standards. State and districtwide tests are required to adhere to �universal design principles� to the extent feasible.

30. Spring 2005 - Introductory Presentation of IDEA-2004 30 Special Education Evaluation Consent for initial evaluation for wards of the state is not required if LEA cannot, after reasonable efforts, locate the parent* or the parent�s rights have been terminated under state law, or a judge has subrogated the parent�s right to make educational decisions. �614(a)(1)(ii)(III) Changed language regarding evaluation says it must be �provided and 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 so provide or administer.�** *Note that wards of the state do not include students in foster homes. At this time, we would interpret the responsibility of the LEA is to seek an ESP assignment, but this language is of assistance in ensuring that schools do not delay evaluating children because they are �waiting� for an ESP to be assigned. **Prior testing language required that evaluation �be provided and administered in the child�s native language or other mode of communication, unless clearly not feasible.� *Note that wards of the state do not include students in foster homes. At this time, we would interpret the responsibility of the LEA is to seek an ESP assignment, but this language is of assistance in ensuring that schools do not delay evaluating children because they are �waiting� for an ESP to be assigned. **Prior testing language required that evaluation �be provided and administered in the child�s native language or other mode of communication, unless clearly not feasible.�

31. Spring 2005 - Introductory Presentation of IDEA-2004 31 Initial evaluation and Reevaluation Evaluations must provide information to determine present levels of academic achievement and related developmental needs. Reevaluations occur not more frequently than once a year** * Unless school district and parent agree otherwise. Reevaluation is still required every 3 years, and still can be waived if agreed to by parents and district.* Unless school district and parent agree otherwise. Reevaluation is still required every 3 years, and still can be waived if agreed to by parents and district.

32. Spring 2005 - Introductory Presentation of IDEA-2004 32 Special Education Evaluation Continued requirement that eligibility not be based on lack of reading or math instruction or on LEP. Evaluation for SLD does not require determination of a severe discrepancy between achievement and intellectual ability.* Evaluation continues to be required prior to a finding that a student is no longer eligible, except for graduation with a regular diploma or aging out. For those children the LEA must provide a summary of academic and functional performance including recommendations on how to assist the child to meet postsecondary goals.** *Statute �allows� the use of a severe discrepancy model, but does not require it and the state MAY NOT require it. So it is a local determination. The statute also says LEAs may use a response to intervention model in determining eligibility. At this time, we would interpret that to allow information gathered through an RTI model to be one aspect of the evaluative information, but not as license to waive any timelines. ** this summary is also covered in your �tools� package and will be a part of our breakout sessions.*Statute �allows� the use of a severe discrepancy model, but does not require it and the state MAY NOT require it. So it is a local determination. The statute also says LEAs may use a response to intervention model in determining eligibility. At this time, we would interpret that to allow information gathered through an RTI model to be one aspect of the evaluative information, but not as license to waive any timelines. ** this summary is also covered in your �tools� package and will be a part of our breakout sessions.

33. Spring 2005 - Introductory Presentation of IDEA-2004 33 IEPs New requirements Continuing requirements Administrative aspects of IEP development and Team participation

34. Spring 2005 - Introductory Presentation of IDEA-2004 34 The IEP - new Elimination of objectives or benchmarks except for students who are significantly cognitively disabled.* However, note new: description of how the child�s progress towards the annual goals will be measured IEP should detail accommodations that are necessary for assessment and must state why an alternate assessment is used, if applicable. Statement of needed transition services for the first IEP in effect for the 16 year old student. Based on age appropriate transition assessments, IEP requires appropriate, measurable postsecondary goals related to training, education, employment and, as appropriate, independent living. Requires services or courses of study necessary to reach those goals.** Explicit language saying no additional information is required on IEPs except that which is explicitly required in �614.*** *State policy in 2005-6 is to continue to use objectives as we determine what and how the new requirement can effectively meet the child�s and parent�s best interests. **Breakout session info � high priority for MASS ***Also that info in one section need not be repeated in another section.*State policy in 2005-6 is to continue to use objectives as we determine what and how the new requirement can effectively meet the child�s and parent�s best interests. **Breakout session info � high priority for MASS ***Also that info in one section need not be repeated in another section.

35. Spring 2005 - Introductory Presentation of IDEA-2004 35 The IEP � continued statement of present levels of academic achievement and functional performance; including how the disability affects performance in general ed or for preschool children in typical activities; statement of measurable annual goals designed to meet the needs that result from the disability for the child to be able to participate in and progress in the general curriculum, and that meet each of the other educational needs that arise from the child�s disability; and a statement of the special ed. and related services and supplementary aids and services* to be provided to the child or on behalf of the child; an explanation of the extent, if any to which the child will not participate with non-disabled children in the regular class and extracurricular and non-academic school activities; the projected date, location, frequency and duration of services and modifications provided. * (based on peer-reviewed research to the extent practicable) * (based on peer-reviewed research to the extent practicable)

36. Spring 2005 - Introductory Presentation of IDEA-2004 36 The IEP Team & Process Maintains general Team composition, but alters requirements aimed at paperwork, administrative burden, and process reduction. Permits members being excused if parent & LEA agree (written agreement from parent) � if excused member has input, it must be provided in writing. Added to the requirements for students moving in from out of state is a requirement that LEAs must take reasonable steps to ensure transfer of IEP both within and outside of the state. If parent and LEA agree, amendments or revisions may be made via written documentation without a Team meeting.** Parent may request copy of complete IEP incorporating revisions. Up to 15 states may seek approval for demonstration programs using multi-year (max. 3 year) IEPs, with change coinciding with natural transition points. Alternatives to �physical meetings� are explicitly allowed, including video-conferencing, telephone conferencing, or virtual meetings. **arguably always true, but now codified. **arguably always true, but now codified.

37. Spring 2005 - Introductory Presentation of IDEA-2004 37 FAPE in the LRE No explicit changes in the requirements. However, this is an area for increased federal reporting and priority monitoring. Expect review of placement data and placement decision-making. Understand that LRE is not just placement, but includes inclusion opportunities � especially true in relation to non-academic aspects of the life of the school.

38. Spring 2005 - Introductory Presentation of IDEA-2004 38 Parent Participation Surrogate Parents Judge may appoint a surrogate parent LEAs must appoint for unaccompanied homeless youth* State shall make reasonable efforts to appoint ESP within 30 days of determination of need. *we have asked for the regulations to allow use of a centralized state system � but, at a minimum this provides additional support to the need for LEAs to act promptly in seeking an ESP assignment. -------Picture is a bunch of ESPs receiving training from our ESP program. *we have asked for the regulations to allow use of a centralized state system � but, at a minimum this provides additional support to the need for LEAs to act promptly in seeking an ESP assignment. -------Picture is a bunch of ESPs receiving training from our ESP program.

39. Spring 2005 - Introductory Presentation of IDEA-2004 39 Procedural Safeguards Notice Due Process Resolution Sessions Settlement or Mediation Agreements Discipline provisions Manifestation Placement pending

40. Spring 2005 - Introductory Presentation of IDEA-2004 40 Procedural Safeguards Statute of limitations on hearing requests is two years (unless parent is prevented from making the hearing request because of misrepresentations by the LEA that it had resolved the problem or required information was withheld).* Parent�s Rights Brochure provided by LEA 1x/year, upon initial referral for evaluation, or upon request. Provided by state upon initiation of a hearing request. Parents may elect to receive all notices by e-mail if the agency makes that option available. Language in statute is �complaints� rather than hearing requests. 615(b)6 and (f)(3)B-DLanguage in statute is �complaints� rather than hearing requests. 615(b)6 and (f)(3)B-D

41. Spring 2005 - Introductory Presentation of IDEA-2004 41 Hearing Requests Making a hearing request requires notice being provided to the other party and to the SEA, notice must include the name, home address, and school the child is attending as well as a description of the nature of the problem and a proposed resolution. No hearing may be scheduled without such notice being provided. Receiving party has 15 days to respond in writing if the party believes the notice did not meet requirements (sent to complainant & BSEA). SEA required to develop notice form for making a hearing request.* If LEA is receiving party, LEA has 10 days to respond with full written notice (contents as currently**) regarding the matter about which the hearing request is filed. Hearing request may be amended only if the other party agrees in writing and a resolution session is offered to resolve the complaint, or the hearing officers grants permission to amend the request not later than 5 days before a hearing occurs. *The BSEA will do this. **why the LEA proposed or refused, what options were considered, what evaluations or records were used in making the decision, and a description of other factors relevant to the decision.*The BSEA will do this. **why the LEA proposed or refused, what options were considered, what evaluations or records were used in making the decision, and a description of other factors relevant to the decision.

42. Spring 2005 - Introductory Presentation of IDEA-2004 42 Resolution Session The LEA must convene a resolution session to take place within 15 days of receipt of the notice of hearing request. The resolution session must include the parent and members of the IEP Team, if appropriate. The resolution session must include a decision-making representative of the LEA. The LEA may not bring an attorney unless the parent does also. The resolution session must allow for a discussion and opportunity to resolve the complaint. The resolution session may be waived if both the parents and the LEA agree to do so in writing and/or both parties agree to participate in mediation. 615(f)(1)(B)615(f)(1)(B)

43. Spring 2005 - Introductory Presentation of IDEA-2004 43 Resolution from session If no resolution is reached within 30 days of receipt of the hearing request, then the hearing may occur with applicable timelines. If resolution is reached at the resolution session, the parties must make a legally binding agreement signed by both parties which is legally enforceable in state or district court. Any party may back out of (void) the agreement within three business days of the resolution session.

44. Spring 2005 - Introductory Presentation of IDEA-2004 44 Mediation 2004 law allows for a legally binding mediation agreement enforceable in a state or district court. Mediation process is confidential and may not be used as evidence in subsequent legal action. 615(e)(1), (2)(F)615(e)(1), (2)(F)

45. Spring 2005 - Introductory Presentation of IDEA-2004 45 The Hearing & Attorney�s Fees Requesting party may not raise issues not in the hearing request notice. Hearing officer decision must be based on FAPE* (not procedural inadequacies) 90 days from decision statute of limitations on filing an appeal to a court. 2004 law allows attorney�s fees against the attorney of the parent, if LEA is prevailing party, where the complaint is frivolous, unreasonable, or without foundation or where the attorney litigates after the litigation has become frivolous, unreasonable or without foundation, or against the attorney of the parent or the parent if the cause of action is presented to harass, cause unnecessary delay or needlessly increase the cost of litigation. Attorney�s fees prohibited for resolution session. *unless procedural inadequacies impeded FAPE, or impeded the parents� opportunity to participate in the decision-making process regarding the provision of FAPE, or caused a deprivation of education benefits. A hearing officer may order an LEA to comply with procedural safeguards. The limitations on procedural inadequacies must not prevent a parent from filing for a hearing. **from the date the parent or LEA knew or should have known about the alleged action, unless the parent was prevented from requesting a hearing because of misrepresentations of the LEA that it had resolved the problem or if the LEA withheld information that was required to be provided to the parent.*unless procedural inadequacies impeded FAPE, or impeded the parents� opportunity to participate in the decision-making process regarding the provision of FAPE, or caused a deprivation of education benefits. A hearing officer may order an LEA to comply with procedural safeguards. The limitations on procedural inadequacies must not prevent a parent from filing for a hearing. **from the date the parent or LEA knew or should have known about the alleged action, unless the parent was prevented from requesting a hearing because of misrepresentations of the LEA that it had resolved the problem or if the LEA withheld information that was required to be provided to the parent.

46. Spring 2005 - Introductory Presentation of IDEA-2004 46 Discipline - 1 School districts may consider on a case-by-case basis, any unique circumstances when determining whether to order a change in placement for a child who violates a code of student conduct. The Department strongly recommends careful reading of the statutory and regulatory requirements if this new authority is being considered. Authority to remove a child for not more than ten school days is retained. If behavior is not a manifestation then disciplinary procedures may be applied in the same manner as for non-disabled students except that education services may not cease (see Section 615K for further description and procedures). 615(k)615(k)

47. Spring 2005 - Introductory Presentation of IDEA-2004 47 Discipline - 2 For any suspension or change in placement that exceeds 10 days, in addition to educational services, student must receive, as appropriate, a functional behavior assessment, behavioral intervention services and modifications that are designed to address the behavior violation. Within 10 days of the decision to change placement because of a violation of the student code of conduct, the LEA, the parent, and relevant members of the Team shall review all relevant information in the student�s file, including the IEP, teacher observations and any info provided by the parents to determine if the conduct in question was caused by or had a direct and substantial relationship to the child�s disability or was the direct result of the LEA�s failure to implement the IEP. (the manifestation determination)* If manifestation determination is �yes� then a functional behavior assessment and behavior intervention plant must be completed if not already in place. If in place, it must be reviewed and modified as necessary. Except for weapons, drugs or serious bodily injury, the child returns to the original placement unless the Parents and LEA agree otherwise. *does not apply to circumstances less than ten school days. Different than the 1997 manifestation because under that the Team had to determine that the child�s disability did not impair the ability to understand the impact and consequences of the behavior or impair the child�s ability to control the behavior. The Team under the 1997 law also had to determine that the child�s IEP and placement were appropriate and being provided.*does not apply to circumstances less than ten school days. Different than the 1997 manifestation because under that the Team had to determine that the child�s disability did not impair the ability to understand the impact and consequences of the behavior or impair the child�s ability to control the behavior. The Team under the 1997 law also had to determine that the child�s IEP and placement were appropriate and being provided.

48. Spring 2005 - Introductory Presentation of IDEA-2004 48 Discipline - 3 Interim alternative educational setting (IAES)� change from 45 calendar days to 45 school days. Permitted for the school administration if the child carries or possesses a weapon to school or a school function, or if the child possesses or uses illegal drugs or sells or solicits the sale of a controlled substance at school, on school premises or at a school function or where a child has inflicted serious bodily injury upon another person at school, on school premises or at a school function. 2004 law adds additional notification. Not later than the date on which the decision to take disciplinary action is made, the LEA must notify the parents of the decision and the relevant procedural safeguards. IAES determined by the IEP Team.

49. Spring 2005 - Introductory Presentation of IDEA-2004 49 Discipline - 4 Parent who disagrees with any aspect of discipline decision or LEA that believes maintaining current placement is substantially likely to injure the child or others may request a hearing. 2004 law changes �stay put� on appeal. If a hearing is requested by either the parent or the LEA, the child remains in the IAES until either the decision of the hearing officer or the time period for the disciplinary infraction ends, whichever comes first.* An expedited hearing must occur within 20 school days from the hearing request and a determination made within 10 school days after the hearing. *not the 45 days in former law � so if hearing is requested on 40th day, and disciplinary action has no �end date� then child stays in IAES until decision.*not the 45 days in former law � so if hearing is requested on 40th day, and disciplinary action has no �end date� then child stays in IAES until decision.

50. Spring 2005 - Introductory Presentation of IDEA-2004 50 Protections �not yet eligible Protections for children not yet eligible Removed �if the performance or behavior demonstrated the need� Continued If parent expressed concern in writing to administrative personnel or the child�s teacher; if parent requested an evaluation; if teacher expressed specific concerns about a pattern of behavior directly to the director of sped. or other administrative/supervisory personnel New Exception: If the parent has not allowed evaluation in the past or has refused services, or if a determination was already made that the child was not eligible.

51. Spring 2005 - Introductory Presentation of IDEA-2004 51 Discipline Definitions Definitions in this section. Same definitions for �controlled substance,� �illegal drug� and �weapon.� �substantial evidence� is deleted. �serious bodily injury� means bodily injury which involves A � a substantial risk of death; B � extreme physical pain; C � protracted and obvious disfigurement; or D � protracted loss or impairment of the function of a bodily member, organ, or mental faculty

52. Spring 2005 - Introductory Presentation of IDEA-2004 52 Related Data Requirements New Data Requirements: #s of interim alternative educational settings and acts precipitating removals #s of due process hearings filed and conducted #s of disciplinary hearings & placement changes resulting Incidences, types and durations of disciplinary actions, including suspensions of one day or more. Mediations held and settlement agreements reached.

53. Spring 2005 - Introductory Presentation of IDEA-2004 53 Data Collection Reminder School Safety and Discipline Report (SSDR) Application SSDR application is available throughout the school year to report: Violent and drug related incidents Suspensions and removal by hearing officer and removal by school personnel To date less than 50% of school districts have entered information. Report must be submitted by July 30th.

54. Spring 2005 - Introductory Presentation of IDEA-2004 54 Several districts have opted to submit an electronic file instead of using the on line application. If your district is also planning to submit a file please contact Helene Bettencourt at hbettencourt@doe.mass.edu. The SSDR sample forms and instructions can be found on our web site at: http://www.doe.mass.edu/infoservices/data/schedule.html. If you have any questions please contact Data Collection at 781-338-3639 or data@doe.mass.edu.

55. Spring 2005 - Introductory Presentation of IDEA-2004 55 In closing IDEA-2004 is really seeking to move away from dependence on hearings for dispute resolution. IDEA-2004 is aligned with NCLB and expects states to use data as a strong accountability tool.