Public Law 108-446 Signed by President Bush 12/3/04

1. INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 H.R. 1350 as Passed by Congress11/19/04 Public Law 108-446 Signed by President Bush 12/3/04 Prepared by RIDE/RITAP

2. “America's schools educate over 6 million children with disabilities. In the past, those students were too often just shuffled through the system with little expectation that they could make significant progress or succeed like their fellow classmates. Children with disabilities deserve high hopes, high expectations, and extra help.”

3. ALIGNMENT OF IDEA & NCLB • Accountability • Choice • Flexibility • Local Control

4. INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004OVERVIEW

5. IDEA Conference Report 11-17-04 • New Title: The Individuals with Disabilities Education Improvement Act • Themes • Making Special Ed. Stronger for Students & Parents • Ensuring School Safety & Reasonable Discipline • Supporting Teachers and Schools • Reforming Special Education Funding & Building on Historic Funding Increases

6. Making Special Ed. Stronger for Students and Parents • Improving educational results for students with disabilities • Encouraging innovative approaches to parental involvement and parental choice • Addressing the needs of home-schooled children • Protecting parents from being forced to medicate their children • Ensuring equitable participation of students in private schools • Improving early intervention strategies • Reducing over-identification/misidentification of non-disabled children • Strengthening accountability measures for states

7. Ensuring School Safety and Reasonable Discipline • Giving teachers and schools greater discretion to exercise reasonable discipline and ensure safety for all students. • Maintains the “manifestation determination” provisions • Maintains provision of services for suspensions over 10 days.

8. Reducing Unnecessary Lawsuits and Litigation • Restoring trust and reducing litigation • “Resolution sessions” • Statute of limitations • Encourage mediation • Require “clear and specific” complaints • Reducing “frivolous” lawsuits & addressing attorney’s fees

9. Supporting Teachers and Schools • Reducing the paperwork burden on teachers • 15 state pilots: 3 year IEPs • 15 state pilots on reducing paperwork • Supporting general and special ed. teachers • State Professional Development Grants • Defining “highly qualified” for special ed. teachers • Must be certified in special ed. • Elementary certification for “most significant cognitive disabilities” • New teachers: NCLB Standard in one core subject • HOUSSE • NO extension of time frame

10. Reforming Special Education Funding & Building on Historic Funding Increases • Simplifying special education funding and building on funding increases • Giving local communities more control. • More flexibility around “maintenance of effort” • Redirect local resources consistent with goals of NCLB

11. Effective Dates • Parts A, B, C and D Subpart 1 (State Personnel Development Grants) : • July 1, 2005 • Highly Qualified: Date of enactment (12/3/04) • Subparts 2, 3, and 4 of Part D: Date of enactment • National Center for Special Ed. Research: Date of Enactment • Research Plan: October 1, 2005

12. July 1, 2005 • Statutory Provisions that Pre-empt RI Regulations

13. Overview of Implementation Process in RI • Higher Education Faculty – December ‘04 • RIC Course – January ‘05 • SEAC – February 10th & March 17th ‘05 • ARIASE – March 17th ‘05 • Board of Regents Meeting – March 24th ’05 • Spring Leadership – April 11th ‘05 • Draft Federal Regulations – Late Spring ’05 (Expected) • Comment Period – 75 Days (Section 607) • Final Regulations – December ’05 (Expected) • Draft RI Regulations – January ‘06 • Comment Period – At least 30 Days • Board of Regents Adoption of RI Regulations – June ‘06

14. Part A: General Provisions

15. General Provisions • S. 602 Definitions • Assistive Technology Device • Exception: The term does not include a medical device that is surgically implanted or the replacement of such devices. • Universal Design: Consistent with Assistive Technology Act of 1993

16. Definition of Parent(No Significant Change from Current Practice) • Natural, adoptive, or foster parent (unless prohibited by state) • Guardian (but not the state if ward) • Individual acting in the place of a natural or adoptive parent • Surrogate parent • Ward of the State: Foster child, state ward, or custody of public welfare agency

17. Related Services • New language: Includes school nurse services designed to enable a child with a disability to receive FAPE as described in IEP • Does not include a medical device that is surgically implanted or the replacement of such device

18. S. 608 State Administration: Rulemaking • Ensure any state rules, regs and policies conform to IDEA ‘04 • RIDE to Notify in writing OSEP and LEAs any rule, regulation, or policy State Imposed requirement that is not required by Federal statute or regulation • Minimize numbers of rules, regs, and policies that impact LEAs

19. SUMMARY Highly Qualified has the same meaning for Special Education Teachers as ESEA Teacher has obtained full state certification No emergency waivers Special requirements for teachers teaching to alternate achievement standards Special requirements for teachers teaching 2 or more core academic subjects IMPLICATIONS RI examine existing policy and develop guidance, policy and procedures to ensure that special education teachers are highly qualified. Highly Qualified

20. SUMMARY Has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 IMPLICATIONS ESEA §9101(11) defines “core academic subjects” to include: “English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography.” Linked to “highly qualified” special education teachers who teach more than one core academic subject. CORE ACADEMIC SUBJECTS

23. Part B: Assistance for Education of All Children with Disabilities

24. LEA Risk Pool: S. 611 (3) • Option to reserve 1% of the 10% of funds for state level activities to establish “risk pool” • To assist LEAs to address needs of high need students with disabilities • Establish definition of “high need child with a disability” and assure cost is greater than 3 X average per pupil expenditure (APPE) • Placement neutral cost sharing and reimbursement programs of high need, low incidence, catastrophic or extraordinary aid est. by 1/1/04….OK if in line with above.

25. S. 612 State Eligibility • IDEA Application • Annual Performance Report (APR) – Disaggregated Data • National Instructional Materials Accessibility Standard • SEA & LEA Prohibition on Mandatory Medication

26. From this statutory language: “To the extent consistent with the number and location of children with disabilities in the State who are enrolled by their parents in private elementary schools and secondary schools in the school district served by a local education agency….” We end up with a requirement that children be serviced in the school district served by the LEA (the LEA where the Private School is located). Language from Senate Report: “The Senate report described this change as protecting “LEAs from having to work with private schools located in multiple jurisdictions when students attend private schools across district lines.” Parentally Placed Private Schools Children with Disabilities

27. Parentally Placed Private Schools Children with Disabilities • In the school district served by an LEA • Proportionate share of federal funds • Timely and meaningful consultation with representatives of the private school • Thorough and complete child find • Services on the premises OK • Supplanting prohibited • Reports on numbers of children evaluated, found eligible, and served • Private schools may complain to SEA

28. S. 613 LEA Eligibility • Annual plan that provides assurance to the SEA that LEA meets required conditions. • New: Early Intervening Services (15%)

29. Early Intervening Services • Capped at a portion of 15% of LEA Part B funds • May include interagency financing structures • K-12: emphasis on K-3 • Not identified as eligible for special ed. • Need additional academic & behavioral support to succeed in general ed. environment. • Activities: Professional development,evaluations, services, supports, scientifically-based literacy instruction • No private right of action or right to FAPE • Annual report to SEA required • Numbers served • Number served who subsequently receive special ed. • Nonsupplanting of NCLB funds

30. S. 614 Evaluation Procedures • Variety of assessment tools/strategies • Function, developmental, AND academic • Assessments provided in language and form most likely to yield accurate information • Provision for coordination when children transfer from school to school • New: Reevaluations not more than 1 X yr., unless parties agree otherwise • Still every 3 yrs. unless parties agree unnecessary.

31. Parent Consent/Absence of Consent • Consent required for initial evaluation and provision of services • Absence of Consent: • Initial evaluation: LEA may pursue using due process procedures/procedural safeguards (S. 615) • Services: LEA may not provide services or pursue using S. 615 • LEA not considered to be in violation of FAPE • IEP meeting not required • Note: Screening not considered evaluation for special ed. Eligibility

32. Eligibility and Educational Need • Exclusionary criteria: Lack of appropriate instruction in reading, including the essential components of reading instruction (NCLB) • New: Must address educational needs of the child • Must address present levels of academic achievement and related developmental needs • No reeval required at graduation with regular diploma or aging out • Requires “summary of performance” and recommendations for post-secondary

33. Specific Learning Disabilities • Definition unchanged (Part A. S.602 (30) • LEA shall not be required to use severe discrepancy. • LEA may use process that determines if child responds to “scientific, research-based intervention as a part of the evaluation…”

34. S. 614 IEPs • Attendance • Content • Secondary Transition • Transfers • Multi-year IEP Demonstrations

35. SUMMARY Attendance Attendance not necessary if the parent and the LEA agree in writingthat the member’s area of curriculum or related services is not being modified or discussed A member of the IEP Team may be excused from attending the meeting in whole or part if member’s area of curriculum or related services is being modified or discussed if parent and LEA agree in writing,and the member submits written input prior to the IEP meeting IMPLICATIONS RI regulations would need to be revised and policy guidance developed to ensure statewide consistency with implementation of these requirements. Documentation Requirements? Individualized Education Programs

36. SUMMARY Content Measurable annual goals including academic and functional goals Description of benchmarks or short-term objectives for children who take alternate assessments aligned to alternate achievement standards How progress towards annual goals will be measured and when periodic reports of this progress will be provided Beginning at age 16, appropriate measurable postsecondary goals related to training, education, employment, independent living skills and transition services including courses of study. IMPLICATIONS Content Current RI regulation include benchmarks and short term objectives for all students with disabilities, including those who take alternate assessments RI consider development of policy and guidance for how and when periodic reports of progress towards annual goals will be provided. Current RI regulations require transition services beginning at age fourteen. Individualized Education Programs(cont.)

37. SUMMARY Transition-When a child was served under Part C, the part C service coordinator or other representative be invited to the initial IEP meeting at the request of the parent. The IEP Team shall consider the individualized family service plan and the IFSP may serve as the IEP of the child if consistent with State policy and agreed to by the agency and the child’s parents IMPLICATIONS RI regulations currently require a transition team consisting of parent(s), LEA representative, and Early Intervention Program representative. RI disseminate State policy and guidance for the IFSP serving as the IEP if agreed to by the agency and the child’s parents. Individualized Education Programs (cont.)

38. SUMMARY Changes to IEP- After the annual IEP, parent and LEA may agree to not convene a meeting, rather develop a written document to amend or modify Amendments- Changes may be made either by the entire IEP Team, or as above. Upon request, parents shall be provided with a copy of the entire revised IEP. Consolidation of IEP Team Meetings IMPLICATIONS RI will need to consider these changes and develop policy guidance to ensure statewide consistency with implementation of these requirements. Individualized Education Programs (cont.)

39. S. 615 Procedural Safeguards • Procedural safeguards notice 1 X yr. Plus: • Initial referral/request for evaluation • When complaint is filed • Upon request by parent • May post on website • May use email at parent request • Model Form by USDOE with final regulations

40. Due Process Hearings • Complaints: 2 year statute of limitation • Written “Due Process Complaint Notice” required (for both parties) • No due process hearing until notice is filed • LEA: 10 days to file notice/response to complaint • Party may not raise issues not raised in notice unless agreed to by other party • Decisions on “substantive grounds” regarding FAPE • Procedural Violations: only if… • Impeded right to FAPE • Impeded parents opportunity for participation • Caused deprivation of educational benefits

41. Attorney’s Fees • May be awarded to SEA or LEA • Frivolous, unreasonable, or without foundation • Improper purpose, such as to harass, cause unnecessary delay, or needlessly increase cost of litigation

42. Resolution Session • Opportunity to resolve complaint • Required prior to due process hearing • Unless LEA and parents agree in writing to waive meeting or use mediation • No LEA attorneys unless parent has attorney • 30 days from receipt of complaint to resolve complaint…if not, then due process hearing may occur. • Written settlement agreement-legally binding • Three days review period

43. Mediation • Written agreements legally binding • Enforceable in any state court or in U.S. District Court • May file a complaint prior to requesting mediation

44. Placement in Alt.Ed. Setting • Case-by-Case: LEAs may consider “any unique circumstances” for violations of school codes of conduct • No cessation of services • Also receive functional behavioral assessment, behavioral intervention services/modifications, designed to prevent behavior from reoccurring. • Manifestation determination retained • Removal OK (45 school days) w/o manifestation determination if: drugs, weapons, or serious bodily injury. • Placement during appeal – interim alternative educational setting

45. New Section 616: Monitoring, TA, and Enforcement • Federal Monitoring • Compliance and Performance • Technical Assistance and Enforcement

46. S. 617 Administration • Model forms required by date of final regs • IEP • IFSP • Notice of Procedural Safeguards • Prior Written Notice

47. S. 618 Program Information (Data Collection) New Collections Requirement • Report by subgroups • Report percentage as well as number • Disciplinary data; • incidence/duration of disciplinary actions/suspensions of 1 day or more • Removal to alternative ed. settings/expelled compared to nondisabled peers • Dispute Resolution data • Disproportionality by race and ethnicity • New: Disciplinary actions

48. S. 619 Preschool Grants • SEA may choose to use 619 state level funds to provide early intervention (EI) services in accordance with Part C • Previously received Part C service • Until eligible to attend kindergarten • EI services shall include educational component that promotes school readiness

49. Part C: Infants & Toddlers with Disabilities

50. SUMMARY State option to extend Part C services beyond age 3 – No FAPE Provision IMPLICATIONS RI may choose to submit state policy developed jointly by EI Lead Agency and RIDE to continue EI until kindergarten Parents could choose EI in lieu of FAPE under Part B INFANTS AND TODDLERS