What Every Teacher Should Know About The Individuals with Disabilities Education Act as Amended In 2004
Do your students need to learn the basics of the IDEA 2004 Amendment? This brief guide, written by the leading experts in special education law, outlines the history of IDEA; the major purposes of the 2004 Law; specific definitions to terms in the 2004 Amendment; and a discussion of IDEA's principles: IEPs, learning disabilities, transition, over-identification, early intervening services, and discipline.
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Do your students need to learn the basics of the IDEA 2004 Amendment? This brief guide, written by the leading experts in special education law, outlines the history of IDEA; the major purposes of the 2004 Law; specific definitions to terms in the 2004 Amendment; and a discussion of IDEA's principles: IEPs, learning disabilities, transition, over-identification, early intervening services, and discipline.
Overview 1IDEA: A Brief History and Our Approach 1IDEA (As Amended in 2004) and Its Relationship to the No Child Left Behind Act 2IDEA and Its Relationship to Civil Rights Laws-Section 504 of the Rehabilitation Act and the Americans with Disabilities Act 3IDEA and Its Six Principles 4National Policy and IDEA, Section 1400(c)(1) 5Nature of IDEA: Grant-in-Aid, Sections 1411, 1412, and 1413 6Major Purposes of IDEA, Section 1400(c)(4) and (5), and Section 1400(d) 7Definitions, Section 1401 10Zero Reject: The First of The Six Principles 17Reviewing the Six Principles 17Ages Covered (3-21) Under Part B 17Child Census, Section 1412(a)(3) 18Comprehensive Coverage, Section 1412 19Direct Services by State Educational Agency, Section 1413(g) 21Single-Agency Responsibility, Section 1412(a)(11) 21SEA Capacity-Building and Performance Goals, Section 1412(a) (12)-(25) 21LEA Capacity-Building, Section 1413 22Costs and Cost-Shifting, Section 1412(a)(12)(A) 23Architectural Barriers, Section 1404 23Personnel, Section 1401(10) and Section 1412(a)(14) 24Students in Correctional Facilities, Section 1412(a)(1)(B) and (11) and Section 1414(d)(7) 25Discipline, Section 1415(k) 26Early Intervention (Ages 0-3) Under Part C, Section 1431 et seq. 26Transition Planning for Infants and Toddlers, Section 1412(a)(9) 27Non-Discriminatory Evaluation: The Second of the Six Principles 28Reviewing the Six Principles 28The NDE Team and the Purpose of the NDE, Section 1414(b)(4) 28Evaluation Standards and Procedures Section 1414(b) 30Exclusion from Special Education 32Initial Evaluations, Section 1414(a)(1) 33Parent Participation, Section 1414(d)(1)(B) 34Parental Consent, Section 1414(a)(1)(D) 34Reevaluation, Section 1414(a)(2) 36No Evaluation, No Services, Section 1414(a)(1) 38Independent Evaluations, Section 1415(b)(1) 39Infants and Toddlers, Section 1435(a)(3) 40Appropriate Education: The Third of the Six Principles 40Reviewing the Six Principles 40Defining an Appropriate Education, Section 1401(9) 40Interpreting the Definition: The Rowley Decision 41Individualized Education Program (IEP), Section 1414(d) 42The Individualized Education Program Team, Section 1414(d)(1)(B) 46Parent Participation 47IEP Team Attendance, Section 1414 (d)(1)(C) 48Required Considerations, Section 1414(d)(3)(A) 48Special Duties of Regular Educator, Section 1414(d)(3)(C) 50Private School Placement and IEPs, Section 1412(a)(10)(B) 51Waiver of Team Meetings for Changes and Amendments, Section 1414(d)(3)(D) 51Revising the IEP, Section 1414(d)(4) 52Related and Other Services and Supports, Section 1414(d)(1)(A)(i)(4) 53Transition Services, Section 1401(34) and Section 1414(d)(1)(A)(i)(VIII) 54Tuition Reimbursement as Remedy for Denying Appropriate Education 56Additional Remedies: Extended School Year Services (ESY) and Compensatory Education 59Early Intervention for Infants and Toddlers and Their Families Provisions, Part C, Sections 1431-1445 60Nature of Early Intervention Services, Section 1432(4) 61Individualized Family Service Plan (IFSP), Section 1436 61IFSP Team, Section 1436 64Contents of the IFSP, Section 1436(a) 64Timing, Section 1436(b) and (c) 65Least Restrictive Environment: The Fourth of the Six Principles 66Reviewing the Six Principles and Introducing the Presumption Favoring Inclusion 66The General Rule, Section 1412(a)(5) 67Strengthening the Presumption, "Extent, if any," Section 1414(d)(1)(A)(i)(V) 67Securing Access to the LRE/General Curriculum Via NDE and AE 68Procedural Due Process: The Fifth of the Six Principles 71Reviewing the Six Principles and the Nature of Procedural Due Process 71Procedural Due Process in General, Section 1415 71Parental Consent, Section 1414(c)(3) 72General Notice Requirements, Section 1415(b)(3), Section 1415(c) 74Procedural Safeguards Notice, Section 1415 (d)(1)(A) 75Complaints (Requests for Due Process Hearings), Section 1415(b)(6) 77Mediation: Section 1415(e) 80Resolution Session: Section 1415(f)(1)(B) 81Due Process Hearings: Section 1415(f) 82Discipline, Section 1415(k) 85Notice of Rights 86Discipline for Violation of School Code, Section 1415(k)(1)(A)-(F) 87Application of No-Cessation and Address-the-Behavior Exceptions 89Application of the Manifestation Exception 90Exception for Weapons, Drugs, and Serious Bodily Injury 93Determination of Setting, Section 1415(k)(2) 93Appeal of Disciplinary Placement or Manifestation Determination Finding 94No Disciplinary Stay Put Requirement 94Burden of Proof 95Conduct of Hearing and Finding by Hearing Officer 96Preemptive Strike 96Right to Appeal, Section 1415(g) and (i) 98Attorneys' Fees, Section 1415(i) 98Parent Participation: The Sixth of the Six Principles 99Reviewing the Six Principles 99Parent Participation and Shared Decision Making 99Definition of Parents, Section 1401(23) 100Parents as Team Participants 100Parents and Private Schools, Section 1412(a)(10)(C) 101Parental Consent 101Parental Requests 101Parental Agreement 102Parental Rights to Notice-General and Procedural 102Parental Rights to Records 103Parental Rights to Due Process and Mediation 103"Family Systems" Approach Throughout IDEA 103Conclusion 104
