IDEA 2004

Significant Changes in Special

Education Law

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The information in this presentation is based on
federal and state law as of September 2005. The
information is subject to additional change until
final federal regulations are issued and decisions
about state law are finalized.

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 IDEA 2004

Topics
 Evaluation
 IEP Content/Processes
 Discipline
 Due Process Resolution Procedures
 Private Schools
 DPI’s Role of General Supervision
 Other

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 Implementing IDEA 2004
Status Update
 IDEA Reauthorization, December 4, 2004
 Effective July 1, 2005
 Proposed IDEA Regulations, June 2005
• Final IDEA Regulations, December 2005?
• State Law Revisions, ???

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 Parental Consent

 Refusal to grant consent for initial evaluation

 Refusal to grant consent for initial placement

614(a)(1)(D)
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 60 Day Timeframe for
Initial Evaluations
Exceptions
 Student transfer

 Refusal to make child available

614(a)(1)(c)
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Initial Evaluation
New Form M-1-A

Notice of Agreement to Extend

Time Limit for Transfer Student

Used for students who move into the

district and are in the process of an initial
evaluation.
614(a)(1)(C)
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 NOTICE OF AGREEMENT TO EXTEND TIME LIMIT TO COMPLETE
 INITIAL EVALUATION FOR TRANSFER STUDENT (M-1-A)
 _____________________________SCHOOL
_____________________________SCHOOL DISTRICT
 [If you need this notice in a different language or communicated in a different way, or have
 questions about this notice, please contact ______________________ at _____________________]
 Dear____________________________________________ Date________________________
 Recently your family moved to our school district. Your last school district started an evaluation to determine whether your child
_____________________________ is a child with a disability. Our school district must complete the evaluation.
 On _________________ we [met or spoke on the phone or exchanged emails ] and agreed that this evaluation will be completed by
_________________. The reason(s) for this action are:
 (date)
 Other options, if any, related to the above action which were considered and the reason(s) they were rejected including a description of
any other relevant factors include:
 □ None
 The district is required to include the following statements as part of this notice.
 If at any point during an IEP team meeting to determine your child’s eligibility for special education, develop an IEP, or determine a
placement, you, or other IEP team participants, believe that additional time is needed to permit your meaningful involvement, additional
time will be provided. This IEP team process may be concluded in one meeting or may require more than one meeting, depending on
individual circumstances.
 At the beginning of any meeting to address the evaluation, IEP, or placement of your child, the school district must discuss with you
your right to have additional time, as described above, and your right to have a copy of the IEP team’s evaluation report prior to
developing an IEP and placement. Upon request, you and the other IEP team participants may receive a copy of the team’s evaluation
report prior to continuing with the development of your child’s IEP and placement.
 You and your child have protection under the procedural safeguards (rights) of special education law.
 □ You received a copy of your procedural safeguard rights in a brochure about parent and child rights earlier this year. If you
would like another copy of this brochure, please contact the district at the telephone number above.
 □ A copy of the parent and child rights brochure is enclosed with this notice.
 In addition to district staff, you may also contact ________________________ at ______________________ if you have questions
about your rights.
 Sincerely,
 ________________________________________________
 Name and Title of District Contact Person (New 7-1-05)

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 Frequency of Evaluations

• One per year

• Three year reevaluations

614 (a)(2)(B)

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 Frequency of Reevaluations
New Form A-6-A
Notice of Agreement To Conduct A
Reevaluation More Than Once A Year
&
New Form A-6-B
Notice of Agreement That A Three Year
Reevaluation Not Needed
614(a)(2)(B) 10
 Screening Students to Determine
Appropriate Instructional Strategies is
not Considered Evaluation

614(a)(1)(E)

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 Specific Learning Disabilities
(SLD)

• Discrepancy between achievement and intellectual

ability

• Response to scientific, research-based intervention

614(b)(6)

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 Response to Intervention (RTI)

RTI requires data that demonstrates:

•Researched based interventions
•Highly qualified teachers

•Implementation in regular education settings

•Implementation for an appropriate period of time

•Repeated assessments of achievement at reasonable intervals

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 Present Levels Performance

 Academic achievement

 Functional performance

614(d)(1)(A)(i)(I) 14
 
 Participation in Statewide and
Districtwide Assessments
IEP for ____________ I-9-A
Revised Form
 Updated to include statewide and district
wide testing.
 Continue to use WAA checklist.
 LEA must decide what assessments qualify
as “district wide assessments.”

612(a)(16), 614(d)(1)(A)(i)(VI)(bb) 15
 Benchmarks and Short Term
Objectives

Benchmarks or short-term objectives are still required

under Wisconsin Law, Chapter 115, for all students with
disabilities.

614(d)(A)(i)(II)
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 Progress Reports
IEP Annual Goal I-12
Revised Form
The annual goal page has been revised to include a
prompt of WHEN parents will be informed of the
student’s progress.

614(d)(1)(A)(i)(III) 17
 Peer-Reviewed Research

IDEA 2004 requires that special education, related

services, and supplementary aids and services must
be based on “peer-reviewed research to the extent
practicable.”

614(d)(1)(A)(i)(IV)

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 Transition

IEP - Transition I-9

Revised Form

No later than 14 years of age, and annually up-

dated, transition services addressing course of
study, per Chapter 115, WIS STATS.

614(d)(1)(A)(i)(VIII) 19
 Transition
Summary of Transition Services
I-13 Revised Form
 Change from outcome process to results-oriented process.
 Focus on improving academic and functional achievement.
 Measurable post secondary goals based upon age appropriate
transition assessments for training, education, employment, and
independent living skills.
 Continue to identify transition services provided and courses
students take to reach goals.

614(d)(1)(A)(i)(VIII) 20
 Transfer Students

 IDEA 2004 requires the LEA to treat in-state and out

of-state transfers the same and provide FAPE upon
enrollment.

 Need to promptly obtain the child’s records from

previous school.

614(d)(2)(C)(i)(II)

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 IEP Team Transition from
Birth-to-Three

At the request of the parent an invitation to the initial

IEP meeting will be sent to the Birth-to-Three service
coordinator or other representatives of the Birth-to-
Three system to assist with the smooth transition of
services.

614(d)(1)(D)
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 IEP Team Attendance
Agreement That IEP Team Participant
Not Required to Attend IEP Meeting
 Participant’s area of curriculum or related services not
being discussed

 Participant’s area of curriculum or related services will

be discussed but submits written input

 Requires prior written consent from parents

614(d)(1)(C) 23
 Agreement Not to Convene an
IEP Team Meeting
to Make Changes to IEP
Notice of Changes To IEP
Without An IEP Meeting
New Form I-14-A
&
Changes to IEP
New Form I-14-B
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614(d)(3)(D) and (F)
 Evaluations before Change in
Eligibility & Summary of
Performance
Upon graduation or exceeding the age of eligibility LEA
is required to provide the following:
• Summary of academic achievement

• Summary of functional performance

• Recommendations to assist student in meeting

postsecondary goals
614(c)(5)(B)(i)
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 Notice of Graduation
Revised Form M-4
&
Notice of Ending of
Services Due to Age
New Form M-5

614(c)(5)(B)(i) 26
 Procedural Safeguards Notice

 State law requires procedural safeguards on initial

referral, for each IEP team meeting, upon reevaluation,
and on request for due process.
 IDEA 2004 requires procedural safeguards one time a
year, upon initial referral or parent request for
evaluation, the first filing of a due process complaint,
and when a parent requests a copy.
 Until further clarification, LEAs must continue to
follow state law requirements in providing procedural
safeguards notice.
615(d)(1)(A) 27
 Notices by Electronic Mail

 Parents may choose to receive required notices by

electronic mail if available from LEA.

 The department has requested final regulation

guidance for implementing this provision.

615(n)
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 Due Process Resolution Session

 LEA must convene resolution session within 15

days of receiving notice of request for due process
hearing

 Resolution session not required if both parties waive

or agree to use mediation

615(f)(1)(B), 615(b)(6)-(7), 615(c)(2), 615(f)(1)(B), 615(f)(3), 615(i)(2)(B); and 615(i)(3)(B).

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 Alternative Educational Setting-
Serious Bodily Injury and
Length of Removal
School personnel may remove a student to an interim
alternative educational setting for up to 45 school days
(not calendar days), whether or not the conduct is a
manifestation, under three circumstances:
1. Drugs
2. Weapons
3. Inflicting serious bodily injury (at school, on school
premises, or at a school function)

615(k)(1)(G), 615(k)(1)(G)
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 Manifestation Determination

Manifestation Determination Review

I-18 Revised Form
Factors to Consider:
• Was behavior caused by student’s disability?
• Was behavior directly and substantially related
to student’s disability?
• Was behavior the direct result of the school not
implementing the IEP?
615(k)(1)(E). 31
 Protection for Children Not Yet
Eligible-Deemed to Know
 Under IDEA 2004, an LEA does not have knowledge a
child is a child with a disability if the parent of the child
has not allowed the child to be evaluated for special
education, refused services, or the child has been
evaluated and determined not to be eligible.
 The DPI has requested that OSEP, clarify through
regulation, whether these exceptions apply without a
time limit.

615(k)(5)(B)
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 Placement During Appeals-
Expedited Hearing
 Disciplinary changes of placement are allowed when the
conduct is not a manifestation of the child’s disability.
 If a parent appeals a manifestation determination, the hearing
must occur within 20 school days.
 Decision due within 10 school days of the hearing.
 Pending completion of the due process hearing, the child
remains in the setting selected by the LEA. (IDEA 2004
eliminates the stay-put provision when a parent appeals a
manifestation determination).

615(k)(4)(B)
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 Parentally Placed Children
in Private Schools
 Changes relating to child find, annual child count,
consultation and provision of services.

 Students with disabilities who attend private schools will

be served by the district that the private school is in,
even if the child is a resident of a different district.

612(a)(10) 34
 Highly Qualified Special
Education Teacher
 All licensed teachers in Wisconsin, including special
education teachers, are highly qualified under both
NCLB and IDEA.

 New special education teachers are required to

demonstrate competence through a content test in core
subject areas under PI 34 and will qualify through
successfully completing the test requirement.
602(10)
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 Services for Children who
are Homeless

IDEA 2004 clarifies that homeless children

are eligible for services.

612(a)(3)(A), 612(a)(11)(A)(iii), 615(b)(2)(A)(ii), and 615(b)(7)(A)(ii)(II).

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 Assignment of a
Surrogate Parent

IDEA 2004 has added a new timeframe for the assignment

of a surrogate parent. It requires an assignment of a
surrogate not more than 30 days after an LEA determines
that one is necessary.

615(b)(2)(B)

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 Assistive Technology Device

The definition of “Assistive Technology Device”

expressly excludes a medical device that is
surgically implanted, or the replacement of that
device.

602(1)(B)

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 Medication

Prohibits requiring a child to obtain a prescription as a

condition of :
-attending school

-receiving an evaluation, or

-receiving special education services.

612(a)(25)(A) 39
 Universal Design

Universal design involves designing and delivering

products and services that are usable by people with the
widest possible range of functional capabilities:

602(35), 611(e)(2)(C)(v), 612(a)(16)(E), and 612(23)(C)(ii) 40

 Purchase of Instructional
Materials (blind/other print disabilities)

 A State Education Agency must coordinate with the

National Instructional Materials Access Center or
provide an assurance that the agency will provide
instructional materials to people who are blind or other
persons with print disabilities in a timely manner. LEA
is under a similar obligation.

 The department will provide more information on this

requirement as it becomes available.

613(a)(6), 612(a)(23) 41
 Early Intervening Services

 15% of the current flow-through allocation.

 Activities:
Professional development
Educational & behavioral evaluations
Research-based intervention
 Requires mandatory data collection and reporting to
the state and federal agencies.

613 (f)
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 Disproportionality/Early
Intervening Services
 SEAs are required to determine if significant
disproportionality based on race and ethnicity is
occurring on both state and local levels.

 If a district is determined to have significant

disproportionality, then the district must
 reserve the 15% to provide comprehensive
coordinated early intervening services.
618(a)(2) 43
 Focused Monitoring
Primary Focus
 Improving educational results and functional outcomes
for all children with disabilities.

 Ensuring the requirements of IDEA are met, especially

those most closely related to improving educational
results.

616(a)(2) 44
 Focused Monitoring
Priority Areas
 FAPE in the LRE

 General supervisory authority

 Disproportionate representation of racial and ethnic

groups in special education

616(a)(3) 45
 20 Indicators
(*New Indicators)

11. Eligibility determination within 60 days

1. Graduation
of consent to evaluate*
2. Dropout 12. Children with IEPs by 3rd birthday
3. WKCE participation & performance or 13. Youth age 16+ with transition goals and
WAA services*
4. Suspension & expulsion 14. Postsecondary outcomes*
5. Environment, Ages6-21 15. General Supervision – monitoring,
complaints, hearings
6. Environment, Preschool 16. 60-day timeline for complaint decisions
7. Preschool outcomes* 17. 45-day timeline for due process hearing
decisions
8. Parent involvement* 18. Resolution sessions*
9. Disproportionate representation in special 19. Mediation agreements
education*
10. Disproportionate representation in 20. Timely & accurate reporting of data
disability categories*
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 State Performance Plan
(SPP)
 Evaluate the State’s efforts to implement the
requirements and purposes of IDEA

 Describe how the State will improve such

implementation
 6-Year Plan
 20 indicators related to the 3 priorities
 Annual Performance Report

616(b) 47
 Stakeholder Group

 As noted in the conference report to HR 1350, it is

Congress’ expectation that SPPs, indicators, and
targets will be developed with broad stakeholder
input and public dissemination.
 SPP Indicators – goals and targets

 Continuous Improvement & Focused Monitoring

System
 State law

616(b) 48
 State Law

IDEA 2004 requires states to:

 Identify in writing any State-imposed requirement that

is not required by IDEA.

 Minimize the number of state special education rules,

regulations and policies which LEAs are required to
follow.

608(a) 49
 Enforcement

 Needs assistance

 Needs intervention

 Needs substantial intervention

616(e) 50
 The Focus of Monitoring

 Improving educational results

 Improving functional outcomes

 Ensuring States and LEAs meet the requirements of

IDEA

616(a) 51
 Resources

• Significant Changes in Special Education Law – Interim Guidance

• Supplemental Forms – Interim Guidance

• Parentally-placed Private School Students

• Early Intervening Services

• Others

http://dpi.wi.gov/sped/index.html

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