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IDEA 2004

(
Individuals with Disabilities

 

Education

 

Improvement Act of 2004)

 

To Download Acrobat Reader for Free Click Here.

Department of Education IEP Guidance The U.S. Department of Education has released a revised Q&A document related to Individuals with Disabilities Education Act (IDEA) requirements for individualized education programs (IEPs), evaluations, and reevaluations.  

FAQ: Kentucky Specific Regulations as related to
IDEA 2004 Part B (ages 3-21) Chart

Building the Legacy: IDEA 2004

IDEA 2004 - Text of Legislation

IDEA 2004 Regulations  
Full Version in HTML | PDF (1.5MB) formats.
On August 14, 2006, the official copy of the final Part B
regulations of the IDEA was published in the Federal Register.

Announcement of New IDEA (Individuals with
D
isabilities Education Improvement Act)

2004 Web site By OSERS

Order your free copy of IDEA 2004 Federal Regulation
The publication ID is(The website says it will ship within 1-3 days.) :

ED002467P

 Federal Register: Monday, August 14, 2006 : Part Ii: Department Of Education: 34 Cfr Parts 300 And 301: Assistance To States For The Education Of Children With Disabilities And Preschool Grants For Children With Disabilities: Final Rule

Changes to the Individuals with Disabilities Education Act
And its effect on state law and practices
memorandum by Kentucky Department of Education (KDE)

IDEA 2004 Regulations (Wrightslaw)

Technical Assistance Tools (U.S. Department of Education)

OSEP IDEA 2004 Fact Sheets  (Topic Briefs)

IDEA 2004 Announcements

IDEA Partnership

IDEA 2004 Resources

IDEA 2004 Summary (PACER Center)

IDEA Reauthorized (PEATC Press Special Edition)

National Center for Learning Disabilities IDEA Parent Guide

NCLB and IDEA: What Parents of Students with Disabilities Need to Know and Do (National Center on Educational Outcomes)

 

Changes to the Individuals with Disabilities Education Act
And its effect on state law and practices
memorandum by Kentucky Department of Education (KDE)

As everyone knows the Individuals with Disabilities Education Act (IDEA) was reauthorized in December 2004.  The United States Department of Education has issued draft regulations under this law in mid-June 2005.  They are now accepting public input on the proposed regulations and anticipate having final regulations before the end of the year.

Kentucky will have to amend its state administrative regulations on special education to comply with the changes in the federal law.  The Kentucky Department of Education (KDE) has already begun the process of revising regulations by gathering input from stakeholders across the state.  With the assistance of the special education cooperative directors, focus groups and town meetings have been held in at least eleven different areas of the state.  Additionally, all state organizations, advocacy groups, parent groups, state and private agencies and professional organizations that have any involvement with students with disabilities have been contacted for their input.  Lastly, an online survey will be available on the KDE web site until July 1st to collect information from the public.  All this information will be summarized and used to assist the staff from KDE to draft the revisions to the regulations.  If further input in needed as the process moves forward, KDE may convene other groups of stakeholder to solicit additional comments.  Once draft regulations are ready there will be additional opportunities for public comment through presentations at the Kentucky Board of Education (KBE) meetings and public hearings.  As the process moves along, more details about these public hearings will be communicated to stakeholders.

While this regulation revision process is moving along, the new federal law will be in effect beginning on July 1, 2005.  The purpose of this memorandum is to explain to school districts how this law will affect their practices.  Simply put, the federal law must be followed.  However, if there are any state regulations or local policies that exceed the federal law, they must be followed until they are amended or repealed through the normal processes.  Administrators in school districts are urged to read the new law to be aware of the changes. 

The Procedural Safeguards (Parents’ Rights) statement is being revised to comply with the changes in the federal law.  This revised statement will be sent to all school districts in the next few days after final revisions are made. 

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IDEA 2004 Regulations (Wrightslaw)

On August 3, 2006, the U. S. Department of Education published the IDEA 2004 regulations as two preambles (1244 pages), the regulations (374 pages), and five Appendices (90 pages) for a total of 1,705 pages. (see below)

By Monday, August 8, all IDEA 2004 Regulations were reformatted and published on the Wrightslaw site. The reformatted regulations are 115 pages long (down from 374 pages). They are easier to read, print and study. You may also be interested in the Summary of Changes in the IDEA 2004 Regulations (10 pages, pdf)

Table of Regulations (5 pages, pdf)

Subpart A - General - Includes Purposes, Definitions (11 pages, pdf)

Subpart B - State Eligibility, General - Includes FAPE and LRE requirements, ESY, services to children in private schools, state and LEA eligibility (25 pages, pdf)

Subpart C - Local Educational Agency Eligibility - Includes Early Intervening Services (6 pages, pdf)

Subpart D - Evaluations, Reevaluations, Eligibility, Individualized Education Programs, and Educational Placements
(12 pages, pdf)

Subpart E - Procedural Safeguards - Includes due process procedures, procedural safeguards notice, mediation, due process hearings, model due process form, resolution process, timelines, attorneys fees, child's status during proceedings; discipline, manifestation determination; transfer of rights at age of majority, etc. (14 pages, pdf)

Subpart F - Monitoring, Enforcement, Confidentiality, and Program Information (8 pages, pdf)

Subpart G - Authorization; Allotment; Use of Funds; Authorization of Appropriations (10 pages, pdf)

Subpart H - Preschool Grants for Children with Disabilities (3 pages, pdf)

Federal Register

On August 14, the IDEA 2004 Regulations were published in the Federal Register. You may download the Regulations in the Federal Register (307 pages) from this web address: http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-6656.pdf

You will find commentary and explanations about why the proposed regulations were changed or not changed on pages 46540-46753. The actual IDEA 2004 regulations (Subparts A-H) begin on page 46753 and end on page 46813. Five appendices follow the regulations.

Effective Date

The IDEA 2004 regulations go into effect 60 days after they are officially published in the Federal Register. Since the regulations were published in the Federal Register on August 14, 2006, the IDEA regulations go into effect on October 14, 2006.

From the Education Department

You may download a synopsis of changes in the regulations, preambles 1244 pages), regulations (374 pages), and appendices (90 pages) from the Department of Education website at http://www.ed.gov/policy/speced/guid/idea/idea2004.html

http://www.wrightslaw.com/idea/law.htm

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Technical Assistance Tools (U.S. Department of Education)

Model Forms
As part of the 2004 reauthorization of the IDEA, Congress included a requirement that:

"Not later than the date that the Secretary publishes final regulations under this title, to implement amendments made by the Individuals with Disabilities Education Improvement Act of 2004, the Secretary shall publish and disseminate widely to states, local educational agencies, and parent and community training and information centers."

GUIDANCE ON REQUIRED CONTENT OF FORMS UNDER PART B OF THE IDEA

Below are those model forms (
U.S. Department of Education):

  • Introduction to the IDEA 2004 Model Forms
    Word (33K) | PDF (26K)
     
  • Individualized Education Program (IEP):
    Word (57K) | PDF (43K)
     
  • Notice of Procedural Safeguards:
     Word (290K) | PDF (353K)
     
  • Prior Written Notice:
    Word (38K) | PDF (29K)

Technical Assistance and Dissemination Network
Under IDEA, the Office of Special Education Programs (OSEP) within OSERS supports a technical assistance and dissemination network designed to improve results for children with disabilities.

Tool Kit on Teaching and Assessing Students with Disabilities
Research briefs, technical assistance, and information for improving instruction, assessment and accountability for students with disabilities. (Apr 2006)

Questions and Answers On Serving Children With Disabilities Placed by Their Parents at Private Schools
A series of questions and answers addressing the obligation, under IDEA 2004, of states and local education agencies to children with disabilities enrolled by their parents in private elementary schools and secondary schools. (March 2006)
MS Word (83K) | PDF (144K)

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IDEA 2004 Fact Sheets (Topic Briefs)

The U.S. Department of Education, Office of Special Education Programs (OSEP), has identified several topics where IDEA 2004 is significantly different from the previous IDEA law. These changes are effective July 1, 2005, except for provisions dealing with Highly Qualified Personnel, which were effective immediately. The Federal government is likely to complete regulations to implement IDEA 2004 in 2005. Many states have additional laws and rules based on the 1997 IDEA law. Many of these state laws and rules now exceed the minimum requirements of IDEA 2004. Visitors are also encouraged to review the education laws and rules from their states, which affect students with disabilities.

  • Alignment with the No Child Left Behind Act
    Word (56K) | PDF (28K)
     
  • Changes in Initial Evaluation and Reevaluation
    Word (56K) | PDF (34K)
     
  • Children Enrolled by Their Parents in Private Schools
    Word (52K) | PDF (34K)
     
  • Discipline
    Word (55K) | PDF (32K)
     
  • Disproportionality and Overidentification
    Word (48K) | PDF (28K)
     
  • Early Intervening Services
     Word (41K) | PDF (31K)
     
  • Highly Qualified Teachers
    Word (59K) | PDF (43K)
     
  • Individualized Education Program (IEP), Team Meetings and Changes to the IEP
    Word (49K) | PDF (30K)
     
  • Individualized Education Program (IEP)
    Word (55K) | PDF (32K)
     
  • Local Funding
    Word (70K) | PDF (40K)
     
  • National Instructional Materials Accessibility Standard (NIMAS)
    Word (58K) | PDF (32K)
     
  • Part C Amendments in IDEA 2004
    Word (68K) | PDF (39K)
     
  • Part C Option: Age 3 to Kindergarten Age
    Word (57K) | PDF (36K)
     
  • Procedural Safeguards: Surrogates, Notice and Consent
    Word (80K) | PDF (32K)
     
  • Procedural Safeguards: Mediation and Resolution Sessions
    Word (80K) | PDF (34K)
     
  • Procedural Safeguards: Due Process Hearings
    Word (84K) | PDF (41K)
     
  • Secondary Transition
    Word (68K) | PDF (30K)
     
  • State Funding
    Word (58K) | PDF (40K)
     
  • Statewide and Districtwide Assessments
    Word (54K) | PDF (31K)

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IDEA 2004 Announcements

Announcement of New IDEA (Individuals with Disabilities Education Improvement Act) 2004 Web site By OSERS

John H. Hager, assistant secretary of the Office of Special Education and Rehabilitative Services (OSERS) and Alexa Posny, director of the Office of Special Education Programs (OSEP), at the U.S. Department of Education, are pleased to announce a dedicated Web site to provide a "one-stop shop" for resources related to IDEA 2004 and its implementing regulations.

On Aug. 3, 2006, Education Secretary Margaret Spellings announced the release of the final Part B regulations implementing the 2004 reauthorization of Individuals with Disabilities Education Act (IDEA). These regulations were published in the Federal Register on Aug. 14, 2006. The Office of Special Education and Rehabilitative Services (OSERS) has planned numerous activities and events to support the successful implementation of these regulations.

Central to this technical assistance is a dedicated Web site. OSERS created this site to provide a "one-stop shop" for resources related to IDEA and its implementing regulations. The site provides searchable versions of the statute and regulations, as well as, access to cross-referenced content from other laws, such as the No Child Left Behind Act and the Family Educational Rights and Privacy Act. The site also includes topic briefs on selected topics (topics are being developed); links to OSEP's Technical Assistance and Dissemination (TA and D) Network; and a variety of other information sources. The site also has a "Q-and-A Corner" for questions to be submitted.

Alexa Posny, director of OSERS Office of Special Education Programs (OSEP), officially launched the new Web site: http://idea.ed.gov today at OSEP's annual Leadership Conference in Hyatt Regency Washington on Capitol Hill in Washington, D.C. More than 700 state directors of special education and other state personnel, parent training center directors, technical assistance providers and representatives from the disability community gathered to receive information about the final regulations and resources available to assist with implementation of the regulations.

This is a "living" Web site and will change and grow as additional resources and information become available. We invite you to grow and learn with us as we implement IDEA 2004 and its implementing regulations.

Parentally-Placed Private School Children with Disabilities

Troy R. Justesen, acting director of the Office of Special Education Programs, U.S. Department of Education, would like to share with you an important message concerning guidance to states for parentally-placed private school children with disabilities under the Individuals with Disabilities Education Improvement Act (IDEA 2004).

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IDEA 2004 Resources

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