An Educator’s Guide to Understanding IDEA 2004 and the 2006 Regulations
Presentation by Melinda Baird, Esq.
Recorder: Ted Kozlik, Ed. D.
Ms. Baird focused on the regulations released on August 2, 2006 which clarified and expanded the statutory provisions of IDEA 2004 and were effective on October 13, 2006.
She explained that Congress has made it clear that students with disabilities are expected to reach the same academic goals and meet academic standards as their age-appropriate, non-disabled peers. FAPE for students with disabilities now includes preparation for further education, employment and independent living. As a word of caution, “don’t guarantee or write something you cannot live up to.” There is a clear notion of merging NCLB and IDEA.
There were significant changes/ additions to the definition section of IDEA including: 1) assistive technology devices 2) core academic subjects 3) parent 4) related services (school health services, school nurse services, surgically implanted devices) 5) scientifically based research (also see ESEA).
Disabled Pupils with other types of certificates such as a G ED, Attendance, etc. remain entitled through the age of 21. There is an emphasis on supplementary aids and services for academic, nonacademic and extracurricular activities to provide “equal opportunity for participation” as part of LRE and FAPE.
Child Find now applies to homeless/ward of the State children as well as children with disabilities attending private schools, including religious, elementary and secondary schools located in the school district serviced by the LEA. “Timely and meaningful consultation” is required as well as written affirmation from the representatives of the private schools. There is no individual right to special education and related services in the parentally-placed private school child as if he/she would receive if enrolled in a public school. Private elementary and secondary school teachers who provide equitable services do not have to meet the highly qualified special education teacher requirements. HQT does not apply to related services personnel; however they must meet State certification and/or license requirements. Regulations now clarify “HQ” requirements through the alternative route process and HO U SSE standards. It is important to note the commingling of IDEA and NCLB/ESEA in this process as well as the assessment of students with disabilities. There is also a prohibition from “requiring a child to obtain a prescription for a substance covered by the Controlled Substances Act as a condition of attending school, receiving an evaluation...or receiving services”.
A child must not be determined as eligible if there is lack of appropriate instruction in reading (as defined in NCLB: Essential Components of Reading Instruction), math or LEP. The definition of SLD has been expanded to include scientific, researched based intervention under the response to intervention process.
Changes to the IEP may now be made “by amending the IEP rather than redrafting the entire IEP.” The IEP attendance requirements may be modified with written parental agreement; there is an IEP excusal process; IEP meetings may be held without a parent(s) in attendance and/or there may be an agreement not to convene an IEP. Ms. Baird cautioned us in using these avenues to avoid the “drive-by/hit and run IEP”.
Ms. Baird reviewed changes to the procedural safeguards concerning homeless and ward of the State children; transfer of Parental Rights at age of majority-special rule; independent educational evaluations; mediation re: “legally binding agreements”; statute of limitations; due process hearings/notice requirement components; resolution sessions; timelines; stay-put, especially transitioning preschool children; surrogate parents; discipline in relation to continuation of FAPE; the manifestation analysis; the 45-day removal; IAES and protections for children not yet eligible for services.
Ms. Baird treated us to an outstanding learning experience and a comprehensive understanding of IDEIA 2004 and the 2006 Regulations. Ms. Baird is located at 2427 Jacksboro Pike, Jacksboro, Tenn. 37757. She can be reached via voice at 423-563-5353, fax at 423- 563-5331 or email at www.mbairdlaw.com.