IDEA 2004 explained

Shorttitle:Individuals with Disabilities Education Improvement Act of 2004
Othershorttitles:IDEA 2004
Longtitle:An Act To reauthorize the Individuals with Disabilities Education Act, and for other purposes.
Enacted By:108th
Effective Date:July 1, 2005 and others
Introducedin:House
Introducedby:Mike Castle
Introduceddate:March 19, 2003
Committees:House Education and Workforce
Passedbody1:House
Passeddate1:April 30, 2003
Passedvote1:251–171, in lieu of
Passedbody2:Senate
Passeddate2:May 13, 2004
Passedvote2:95–3
Conferencedate:November 17, 2004
Passedbody3:House
Passeddate3:November 19, 2004
Passedvote3:397–3
Passedbody4:Senate
Passeddate4:November 19, 2004
Passedvote4:Unanimous Consent
Signedpresident:George W. Bush
Signeddate: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]

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

Notes and References

  1. Web site: Children and Youth With Disabilities . National Center for Educational Statistics . Institute of Education Sciences . 17 February 2020 . May 2019.
  2. Web site: IDEA Reauthorized Statute - Office of Special Education and Rehabilitative Services.
  3. http://www.ed.gov/about/offices/list/osers/osep/index.html Office of Special Education Programs (OSEP) - Home Page
  4. Web site: Individuals with Disabilities Education Act . Idea.ed.gov . 2019-07-12.
  5. Web site: FAPE IDEA 2004 Summary . 2011-06-11 . https://web.archive.org/web/20111027180848/http://www.fape.org/idea/2004/summary.htm . 2011-10-27 . dead .
  6. Web site: Summary . 2004 . www.fape.org . 2019-07-12 . https://web.archive.org/web/20111027180848/http://www.fape.org/idea/2004/summary.htm . 2011-10-27 . dead .
  7. Web site: IDEA 2004 Summary . 2011-06-11 . https://web.archive.org/web/20111027180848/http://www.fape.org/idea/2004/summary.htm . 2011-10-27 . dead .
  8. Web site: Archived copy . 2011-06-11 . https://web.archive.org/web/20110724114022/http://www.njsbf.org/images/content/1/1/11387/IDEA%20Discipline%20Update.pdf . 2011-07-24 . dead .
  9. Web site: Archived copy . 2011-06-19 . https://web.archive.org/web/20110725033406/http://www.cec.sped.org/Content/NavigationMenu/PolicyAdvocacy/IDEAResources/CRSAnalysisofNewIDEAPL108-446.pdf . 2011-07-25 . dead .
  10. Web site: Protecting Students With Disabilities . .ed.gov . 2019-07-12.

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