1. Individuals with Disabilities Education Improvement Act of 2004
Baldwin County Public Schools
Division of Instructional Support
Special Services

2. Table of Contents IDEA 1997 – Components History of IDEA 2004
Themes – IDEA 2004
Identification and Evaluation
Evaluation Contents
Eligibility
IEP Team
IEP Contents
Discipline
Manifestation Determination
Definition of Serious Bodily Injury
Procedural Safeguards
Due Process
Personnel
Private Schools
Efforts in Baldwin County

3. IDEA 1997 - Four Major Components
Strengthen parental participation in special education process
Accountability for student progress
Remediation and rehabilitation of behavior problems
Preparation of students with disabilities for employment and independent living

4. The Process House Senate Conference Committee Sent to President
Improving Educational Results
for Students with Disabilities Act
The IDEA Improvement
Act
Introduced in House
March, 2003
Introduced in Senate
June, 2003
Passed House
April, 2003
Passed Senate
May, 2004
Conference Committee
December 3, 2004
Sent to President

5. Individuals with Disabilities Education Improvement Act of 2004 History
Accountability, accountability, accountability!!!!
House passed its reauthorization bill in April 2003
Senate passed its reauthorization bill in May 2004
Conference Committee appointed in October 2004
Conference Committee bill approved in November 2004
President signed bill into law on December 3, 2004
IDEA changes, unless specified, take effect on July 1, 2005

6. IDEA Improvement Act of 2004 Main Themes
Align IDEA with NCLB
Balance discipline provisions
Reduce paperwork burden
Improve early intervention strategies
Reduce over-identification and misidentification
Emphasis on transition - begins at 16

7. Identification and Evaluation
IDEA 1997
IDEA 2004
Evaluation complete 60 days from referral
Screenings are considered evaluations; need permission
Evaluation contents – emphasis on standardized tests
Reevaluation is required every 3 years
Dismissal without reevaluation
Evaluation complete 60 days from consent
Screenings are not evaluations; no permission needed
Evaluation contents includes varied data sources
*Parent and LEA may agree that 3-year reeval is not necessary
Dismissal requires reevaluation
IEP Team

8. Return to Identification and Evaluation
Evaluation Contents
Relevant functional and developmental information
Information from parents
Information related to enabling access in and progress in the general curriculum
Technically sound instruments that assess cognitive and behavioral factors in addition to physical and developmental factors
Review of existing data
Current classroom-based assessments and observations
Teacher and related service providers’ observations
Return to Identification and Evaluation

9. Eligibility
IDEA 1997
IDEA 2004
LEA uses severe discrepancy as part of the Specific Learning Disabilities definition
Traditional assessment tools were accepted for identification and reevaluation
LEA may opt to use either:
Severe discrepancy model
Response to scientific research based intervention (RTI) model
Procedures and policies must be established to prevent inappropriate over-identification or disproportionate representation by race or ethnicity

10. IEP Team IDEA 1997 IDEA 2004 Members outlined:
Parents
At least one general education teacher
Special education teacher
LEA representative
Individual who can interpret evaluation results
Individuals who have special expertise regarding the child
Child, if appropriate
Other agency representative
Private school representative
IEP Team member may be excused from attending if parents and LEA agree
Agreement must be in writing
Alternate means such as video conference or conference call if parents and LEA agree

11. IEP Contents
IDEA 1997
IDEA 2004
Profile, Goals and Benchmarks, Related Services, Program Modifications, Supplementary Aids and Services, Participation in state assessments, transition, progress, ESY
IEP will include short term objectives only for students who will be assessed using alternate assessments
Transition by 16 (not 14)
Exit IEP – summary of academic achievement and functional performance with recommendations
Amendments without IEP meeting (not in Alabama)
Transfer students – provide comparable services until new evaluation
Assistive Technology does not include device that has been surgically implanted
Can not prevent child from coming to school if has no medication

12. Manifestation Determination
Discipline
IDEA 1997
IDEA 2004
IAES (45 calendar days)
Carries a weapon
Possesses or used illegal drugs
Sale or solicitation of controlled substance
IAES (45 school days)
Demonstrated evidence that current placement results in injury to student or others
Current placement is appropriate
Reasonable effort to minimize risk of harm in current placement
Manifestation Determination

13. Serious Bodily Injury
…requires a showing of substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of function of a bodily member, organ or mental faculty.
Return to Discipline

14. No knowledge if… Parent has not allowed evaluation
Parent refuses Part B services
Child evaluated and determined ineligible
Return to Discipline

15. Manifestation Determination
IDEA 1997
IDEA 2004
Standards
IEP and placement appropriate
Disability did not impair child to understand the impact and consequences of behavior
IEP services and BIP were implemented
Disability did not impair student’s ability to control behavior
Was the behavior caused by, had a direct or substantial relationship to the disability or was it the direct result of the failure to implement the IEP?
Manifestation Determination and other forms may be located on Baldwin County Public Schools website -

16. Disciplinary Steps

17. Procedural Safeguards
IDEA 1997
IDEA 2004
Procedural safeguards given at all meetings even if parent declines.
Procedural safeguards given:
Once a year
Upon request
Due Process
Change in Placement

18. Due Process IDEA 1997 IDEA 2004 Mediation process was optional
No timeline enforced
No effort to solve issue prior to hearing
No criteria for complaints
Court has discretionary authority to award reasonable fees to parents who prevail
Mediation process mandatory
Due Process must be initiated within two years
Resolution meeting prerequisite to hearing (LEA schedules within 15 days)
Due process complaint must specify the issue and the relief sought
SEA/LEA may seek attorney’s fees against the parent’s attorney if action is deemed frivolous, unreasonable, without foundation or prolonged the litigation

19. Private Schools LEA shall provide the SEA:
Number of children evaluated in private schools
Number of children found eligible
Number of children served
LEA shall consult with private school representatives regarding child find procedures.
LEA shall get written affirmation of participation

20. Personnel
IDEA 1997
IDEA 2004
Special Education Degree adequate to teach all core subjects
Must meet criteria outlined in NCLB; must be certified in core subject
Teacher Teaching Multiple Core Academic Subjects must meet standards through certification, Praxis, or HOUSSE
Teacher Teaching to Alternate Achievement Standards must meet NCLB/IDEA requirements as applied to an elementary teacher in Alabama Model
Consultative Role = HQT

21. Personnel Standards
Related Service providers met standards for certification in field
No “highly qualified” language for related services providers, but:
Must meet state standards
Excludes emergency or temporary waiver of certification

22. Efforts in Baldwin County
Classrooms for Excellence Workshop – Year Two
Employed HQT only year
SETSWeb (pilot and full implementation)
Encouraging standards-based IEPs although not required
Parent Liaison Program