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IDEA 2004
(Individuals with
Disabilities
Education
Improvement Act of 2004)
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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.
Kentucky Specific Regulations as related to
IDEA 2004 Part B (ages 3-21) Chart
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
Disabilities Education Improvement Act)
2004 Web site By OSERS
Order your free
copy of
IDEA 2004
Federal Regulation
The publication
ID is
|
ED002467P |
Federal Register:
|
IDEA 2004 Regulations (Wrightslaw)
Technical
Assistance Tools (U.S. Department of Education)
OSEP IDEA 2004 Fact Sheets (Topic Briefs)
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)
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.
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
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)
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)
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).
-
IDEA 2004 Statute - Changes in Key Statutes (Wrightslaw)
IDEA 2004: Section 1400 - Finding and Purposes
IDEA 2004: Section 1401 - Definitions
IDEA 2004: Section 1412 - State Responsibilities ("Catchall" statute) - includes child find, personnel standards, notice
IDEA 2004: Section 1414 - Evaluations, Reevaluations and IEPs
IDEA 2004: Section 1415 - Procedural Safeguards (Rules of Procedure) - includes protections for children with disabilities and their parents, prior written notice, mediation, due process
- Download a
FREE copy of
The Individuals
with Disabilities Education Improvement Act of 2004: Overview, Explanation and
Comparison of IDEA 2004 & IDEA 97 by Peter W. D. Wright, Esq. This
publication describes the substantive changes to the five key statutes of IDEA
2004 by section and subsection. Text added to IDEA 2004 is in italics.
Text deleted from IDEA 97 has been
struck through.
(www.wrightslaw.com)
-
Individuals with Disabilities Education Improvement Act (IDEIA) 2004 differ
from IDEA '97(NASDSE)
The National Association of State Directors of Special Education (NASDSE) has created a side-by-side document that compares the two laws in The Individuals with Disabilities Education Act: A Comparison of P.L. 105-17 (IDEA '97) to H.R. 1350 as passed by Congress on November 19, 2004.
-
The Individuals
with Disabilities Education Act: Comparison of IDEA Regulations August
3, 2006 to IDEA Regulations March 12, 1999.(NASDSE) This book
($15) provides a section-by-section comparison of the old IDEA regulations to
the new final regulations released by the U.S. Department of Education on
August 3rd. It is a companion volume to NASDSE's side-by-side of IDEA 2004 and
IDEA 97.
-
How Will IEPs Change
Under IDEA 2004? By Wrightslaw
Roadmap to IDEA 2004: What You Need to Know About IEPs & IEP Meetings
Roadmap to IDEA 2004: IEPs, Highly Qualified Teachers & Research Based Instruction
(www.wrightslaw.com)
-
CEC's New and
Improved Side-by-Side Analyses of Selected Issues from the Proposed IDEA Regs
(FREE)
CEC's Side-by-Side Analysis of Selected Issues from the Proposed IDEA Regs contain more of the law's provisions, including qualified personnel, IEPs, learning disabilities, discipline, early intervening services, compliance, eligibility, procedural safeguards, private schools, monitoring and enforcement, and definitions. (http://www.cec.sped.org/)
Read CEC's Updated Side-by-Sides of Selected Issues from the Proposed Regulations: -
Wrightslaw: IDEA 2004
(ISBN: 1-892320-05-3) by Peter W. D. Wright,
Esq. and Pamela Darr Wright includes the full text of Parts A and B of the
Individuals with
Disabilities Education Improvement Act of 2004 (IDEA 2004) with analysis,
commentary, cross-references, and resources.
{E-book & Print Combo ($19.95)Print ($14.95) E-book ($9.95)}
Wrightslaw: IDEA 2004 includes several appendices, a glossary of acronyms, abbreviations and terms, and a bibliography of resources.
Table of Contents
Skim Book - few pages from each chapter
Synopsis
News Release
Author BiosWrightslaw: IDEA 2004 is designed to meet the needs of parents, teachers, advocates, attorneys, related services providers, school psychologists, administrators, college professors, hearing officers, and employees of district and state departments of education.
(www.wrightslaw.com)
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