1. Individuals with Disabilities Education Improvement Act (IDEA 2004) For Families and Advocates Individuals with Disabilities Education Improvement Act (IDEA 2004) For Families and Advocates Materials developed at PACER Center by: Dixie Jordan PACER Executive Director: Paula F. Goldberg Alliance Co-directors:Sharman Barrett Sue Folger PACER Center, Inc. 8161 Normandale Blvd., Minneapolis, MN 55437 Ph: (952) 838-9000; E-mail: pacer@pacer.org ; Web sites: www.pacer.org; www.taalliance.org ©PACER Center, January 2006 Materials developed at PACER Center by: Dixie Jordan PACER Executive Director: Paula F. Goldberg Alliance Co-directors:Sharman Barrett Sue Folger PACER Center, Inc. 8161 Normandale Blvd., Minneapolis, MN 55437 Ph: (952) 838-9000; E-mail: pacer@pacer.org ; Web sites: www.pacer.org; www.taalliance.org ©PACER Center, January 2006 ©PACER Center, Inc., 2005

2. DEFINITIONS DEFINITIONS ©PACER Center, Inc., 2005

3. 3 All children with disabilities SEC. 612 (a)(3) Are identified, located and evaluated, including children who are: Homeless Wards of the state Attending private school A child is NOT required to be classified by their disability in order to receive special education and related services

4. 4 No later than child’s 3 rd birthday Special education & related services: Public expense and supervision No cost to parents Meets the standards of the SEA Include preschool, elementary, or secondary education Provided in conformity with the IEP SEC. 602 (9) ©PACER Center, Inc., 2005 FAPE applies to suspended or expelled children Ages 3 through 21

5. Children with disabilities who have graduated with a regular high school diploma NOTE: A regular diploma is one aligned with the state’s academic content standards, not a certificate or a GED Children who are eligible for special education but receive early intervention services under Part C of IDEA SEC. 612 (a)(1)(B) ©PACER Center, Inc., 2005

6. 6  Natural, adoptive, or foster parent (if State law permits foster parent to act as parent)  Guardian (but not the State)  Person acting in the place of a parent, such as a grandparent, stepparent or relative, or person legally responsible for child’s welfare  Person appointed by judge  Surrogate parent SEC. 602 (23) ©PACER Center, Inc., 2005 If more than one person is qualified, the natural parent makes decisions, unless he/she does not have legal authority

7. 7 Represents a child in planning when:  No parent can be identified or located  Child is a ward of the state  Child is unaccompanied & homeless For a ward of the state— The surrogate parent may be appointed by the judge overseeing the child’s case (consistent with State law) SEC. 615 (b)(2) ©PACER Center, Inc., 2005

8. …specially designed instruction at no cost to parents, to meet the unique needs of a child with a disability, including - èInstruction in the classroom, home, hospital or institution, and in other settings èInstruction in physical education SEC. 602 (29) ©PACER Center, Inc., 2005

9. “transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education.” The term includes: speech-language pathology and audiology interpreting services psychological services physical and occupational therapy recreation, including therapeutic recreation social work services school nurse services counseling including rehabilitation counseling orientation and mobility services medical services for diagnostic or evaluation purposes SEC. 602 (26) ©PACER Center, Inc., 2005

10. EVALUATION EVALUATION ©PACER Center, Inc., 2005

11. Initial Evaluations To determine:  if child has a disability and needs special education and related services  educational needs Initial Evaluations To determine:  if child has a disability and needs special education and related services  educational needs 60 days of parent consent or within State timeline Parent may make written request for evaluation Parent must give informed consent for initial evaluation Parent must give informed consent for initial services SEC. 614 (a)(1) ©PACER Center, Inc., 2005

13. Initial Evaluations Consent for State ward: Try to obtain parent consent, unless:  Cannot locate  Rights terminated  Parents lost right to give permission, and judge appoints a person to represent the child (if in State law) Initial Evaluations Consent for State ward: Try to obtain parent consent, unless:  Cannot locate  Rights terminated  Parents lost right to give permission, and judge appoints a person to represent the child (if in State law) SEC. 614 (a)(1) Screening to determine instructional strategies is not an evaluation for special education ©PACER Center, Inc., 2005

14. Reevaluation When conditions warrant When parent requests SEC. 614 (a)(1) ©PACER Center, Inc., 2005 Not more often than once per year unless school and parent agree otherwise At least once every 3 years, unless parent and school agree it is not needed

15. Assessments and evaluation materials are— Non-discriminatory on racial or cultural bases In the language and form most likely to yield accurate information on what a child knows Used for the purposes intended Given by trained and knowledgeable staff Given in accordance with test instructions SEC. 614 (b) ©PACER Center, Inc., 2005

16. In all areas of suspected disability Gathers information to determine educational needs SEC. 614 (b) A B EVALUATION ©PACER Center, Inc., 2005 When children transfer districts in a school year, assessments are coordinated between schools to ensure prompt completion of evaluations 60 day timeline does not apply

17. A team of qualified professionals and the parent determine the need for special education and related services ELIGIBILITY- Parents must be given a copy of the evaluation report and eligibility determination A child cannot be determined to have a disability based on the lack of appropriate instruction in reading (including essential components), lack of instruction in math, or limited English proficiency SEC. 614 (b) ©PACER Center, Inc., 2005

18. FUNCTIONAL BEHAVIORAL ASSESSMENT A functional assessment looks at why a child behaves as he or she does, given the nature of the child and what is happening in the environment ©PACER Center, Inc., 2005

19. B B C C A A Antecedent event, cause or condition that influences behavior ©PACER Center, Inc., 2005 Behavior what one does Consequence what happens as a result of the behavior

20. 20 If additional data are not needed, the school will notify the parent of: the reason for the decision the parents’ right to request assessment to determine whether the child qualifies for services or to determine the child’s educational needs The LEA is not required to conduct additional assessment unless the parent requests SEC. 614 (c) ©PACER Center, Inc., 2005

21. 21 The district will conduct evaluation before determining a child no longer qualifies for services, unless the child: Graduates with a regular diploma or Exceeds age of eligibility If eligibility ends due to graduation, the LEA will provide the child with a summary of: Academic achievement and functional performance Recommendations for meeting post-secondary goals SEC. 614 (c) ©PACER Center, Inc., 2005