The New IDEA: Major Changes Presentation to the Charter Schools Summit November 7, 2006 Nancy Reder, Esq. Deputy Executive Director NASDSE

Ten Critical Issues Alignment with the No Child Left Behind Act Highly qualified teachers Early intervening/Response to Intervention Private schools NIMAS/NIMAC

Ten Critical Issues IEPs Procedural safeguards Monitoring Discipline Funding issues

Highly Qualified Teachers Highly Qualified Teachers (HQT) Must be fully certified Those teaching core content areas must be highly qualified in content Consultative teachers need not be highly qualified in content Teachers for those with significant cognitive impairments have different standard

HQT and Charter Schools Certification for teachers in charter schools depends on the state’s charter school law Only 14 states have any type of waiver But remember – still need to have B.A. and demonstrate competency

More on HQT Can use HOUSSE (high, objective, uniform state standard of evaluation) to demonstrate competence Issues Phaseout of HOUSSE ? Private schools Rural and special ed teachers

Early Intervening §613(f) & 618(d); & (b)(2) 15% of funds can be used to serve at- risk students – focus on early grades When is this an LEA option and when is it a requirement? No right to FAPE

Response to Intervention §614(b); 300.8(c)(10) RtI is the practice of (1) providing high quality instruction/intervention matched to student needs and (2) using learning rate over time and level of performance to (3) make important educational decisions

RtI and Special Ed/General Ed RtI is NOT something that happens in special ed RtI IS something that happens in the general ed classroom RtI IS related to the identification of students with learning and behavior disabilities

RtI Resources Response to Intervention: Policy Considerations and Implementation Available from Additional resources (white paper; presentation) available at

Private School Students §612(a)(10); Highly qualified teachers LEA where private school is located has new responsibilities Child Find Providing services and transportation Must consult with private schools on services to be provided

More on Parentally Placed Private School Students Need to provide equitable share – not the same as providing all services on the IEP Preschool issues Private schools can file complaint with SEA or the Secretary of Education

NIMAS/NIMAC §612(a)(23); National Instructional Materials Accessibility Standard NIMAC (Center) Addresses need for instructional materials in accessible formats to persons who are blind or who have print disabilities Resources:

IEPs §614(d); IEP team IEP meetings IEP content Measurable annual goals, including both academic and functional Transition issues Planning concerns Statement of Performance (SOP)

More on IEPs Special ed and related services must be based on peer reviewed research to the extent practicable Eliminated short-term objectives and benchmarks Prohibition against requiring medication as a condition of school attendance Definitions EXCLUDE surgically implanted medical devices (e.g., cochlear implants)

Procedural Safeguards §615; Parent consent required prior to an initial evaluation, the initial provision of services and re-evaluations Parent consent required for transition services personnel to be present at IEP meetings Parent consent required to tap Medicaid

More on Procedural Safeguards 60-day timeline to complete initial evaluation (unless SEA has its own timeline) Screening for instructional purposes is not an evaluation Coordinate transfer of records Child cannot be determined to be child with a disability if there is a lack of appropriate instruction in reading or math or LEP

More on Procedural Safeguards Due Process complaints Timelines for filing due process complaint – 2 year statute of limitations Notice Timelines for action Resolution process within 15 days Mediation optional Hearing within 45 days Attorney fees

Monitoring §616; Entire new section (616) on monitoring Requires development of 6-year state performance plan (SPP) – were due December 2005 Annual reports on SPP (annual performance reports (APRs)) – first ones due in February indicators for Part B 14 indicators for Part C

More on Monitoring Interventions by the Secretary include: Suggestions for technical assistance Directing use of state-level funds Development of corrective action plan Withholding of SEA funds

More on Monitoring Approval process by Secretary Meets requirements Needs assistance in implementing the requirements Needs intervention in implementing the requirements Needs substantial intervention in implementing the requirements

More on Monitoring SEAs to evaluate LEAs in the same manner The evaluations are not required to be made public

Discipline §615(k); Adds a new authority for school personnel to consider unique circumstances (when considering change of placement) Adds “serious bodily injury” for interim removal Short-term removals Long-term removals

Discipline Clarifies when services are required during disciplinary removals Specifies when the LEA must give notice New standard for manifestation determinations Functional behavior assessments added “Known or shown have known” requirement

Funding Issues Regs clarify that charter schools must be nonprofits to receive federal funding Flow of funds: Feds >State>LEA>School building (with exceptions) Federal funding dependent on appropriations – not on what’s in authorizing legislation

Resources er.php [National State Policy Database (NSPD)] er.php