IDEA 2004

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Individuals with Disabilities Education Improvement Act of 2004
Great Seal of the United States (obverse).svg
Other short titlesIDEA 2004
Long titleAn Act To reauthorize the Individuals with Disabilities Education Act, and for other purposes.
Enacted bythe 108th United States Congress
EffectiveJuly 1, 2005 and others
Citations
Public law Pub.L.   108–446 (text) (pdf)
Statutes at Large 118  Stat.   2647
Legislative history
  • Introduced in the Houseas H.R. 1350 by Mike Castle on March 19, 2003
  • Committee consideration by House Education and Workforce
  • Passed the House on April 30, 2003 (251–171, in lieu of S. 1248)
  • Passed the Senate on May 13, 2004 (95–3)
  • Reported by the joint conference committee on November 17, 2004; agreed to by the House on November 19, 2004 (397–3) and by the Senate on November 19, 2004 (Unanimous Consent)
  • Signed into law by President George W. Bush on December 3, 2004

The Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004) is a United States law that mandates equity, accountability, and excellence in education for children with disabilities. As of 2018, approximately seven million students enrolled in U.S. schools receive special education services due to a disability. [1]

Contents

Signed into law by President George W. Bush on December 3, 2004. It became effective July 1, 2005 with the exception of elements relating to the "highly qualified teacher". [2] It authorizes formula grants to states, as well as discretionary grants for research, technology, and training. [3] The latest revision of IDEA became effective in October 2006.

IDEA 1997 vs. IDEA 2004

Since being signed into law, the Education for All Handicapped Children Act (EHA) of 1975 has undergone several revisions. It was initially created to assure all children were receiving a free and appropriate public education (FAPE). Updates are made approximately every five years. Changes were authorized in 2004 under the new name of Individuals with Disabilities Education Improvement Act (IDEA). In 2006, additional changes were made to IDEA as final regulations were released. They required schools to use research based interventions in the process of assisting students with learning difficulties, or determining eligibility for special education. Many schools have implemented Response to Intervention (RTI) as a method of meeting the new requirements set by IDEA 2004. [4]

Changes to the IEP (Individualized Education Plan) Process

  1. Content of the IEP -These encompasses annual goals, short term objectives, educational progress, special education and related services, accommodations and alternative assessments, and transitions.
  2. IEP meeting attendance - A member of the IEP team may be excused if the team member's service will not be discussed at the meeting. This must be approved by the school and the parents.
  3. IEPs by agreement
  4. Review and revision of IEPs
  5. Transition - Clarifies that transition services should begin at age 16, and should include a list of interagency responsibilities with needed resources [5]
  6. Alternate means of participating in meetings.

Changes to Due Process

Changes to due process include the following: Procedural Safeguards Notice only needs to be distributed once per year, Parents have two years to exercise due process rights, changes to the due process complaint notice procedure, parents must go through a mandatory resolution session before due process, responsibility for attorney's fees and requirements for hearing officers. [6]

Changes to Student Discipline

1. Adds new authority for school staff to determine discipline on a case by case basis

2. New standards for manifestation determinations where the burden of proof has been shifted to the parents [7] and must prove that the behavior was "caused by or had direct and substantial relationship to the child's disability", or was a "direct result of the LEA's failure to implement the IEP." [8]

3. Adds a new standard for special circumstances (Drugs, Weapons, Serious Bodily Harm)

Resources

See also

Related Research Articles

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  1. Under the re-authorization of IDEA, effective July 1, 2005, each public agency must ensure that extended school year services are available as necessary to provide Free Appropriate Public Education (FAPE), consistent with paragraph (a)(2).
  2. Extended school year services must be provided only if a child's IEP Team determines, on an individual basis, in accordance with Sec. Sec. 300.320 through 300.324, that the services are necessary for the provision of FAPE to the child.
  3. In implementing the requirements of this section, a public agency may not—
    1. Limit extended school year services to particular categories of disability; or
    2. Unilaterally limit the type, amount, or duration of those services.

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References

  1. "Children and Youth With Disabilities". National Center for Educational Statistics. Institute of Education Sciences. May 2019. Retrieved 17 February 2020.
  2. "IDEA Reauthorized Statute - Office of Special Education and Rehabilitative Services" (PDF).
  3. Office of Special Education Programs (OSEP) - Home Page
  4. "Individuals with Disabilities Education Act". Idea.ed.gov. Retrieved 2019-07-12.
  5. "FAPE IDEA 2004 Summary". Archived from the original on 2011-10-27. Retrieved 2011-06-11.
  6. "Summary". www.fape.org. 2004. Archived from the original on 2011-10-27. Retrieved 2019-07-12.
  7. "IDEA 2004 Summary". Archived from the original on 2011-10-27. Retrieved 2011-06-11.
  8. "Archived copy" (PDF). Archived from the original (PDF) on 2011-07-24. Retrieved 2011-06-11.CS1 maint: archived copy as title (link)
  9. "Archived copy" (PDF). Archived from the original (PDF) on 2011-07-25. Retrieved 2011-06-19.CS1 maint: archived copy as title (link)
  10. "Protecting Students With Disabilities". .ed.gov. Retrieved 2019-07-12.