New I.D.E.A.s

New

I. D. E. A. s

	Highly Qualified Special education teachers who teach core academic subjects such as English, reading, mathematics, science, civics government, economics and history must meet the "highly qualified" definition.
	The regulations require districts to hire only " highly qualified" special education teachers for elementary and secondary school children. Some flexibility is given to special education teachers to meet the "highly qualified" requirements.
	In order to be considered "Highly Qualified" teachers, special educators must obtain certification as a special educator or pass licensing exams. Exceptions apply to emergency ,temporary or provisional licensure.
	Special educators who exclusively teach children who are assessed using alternative assessments meet the criteria of "highly qualified" by demonstrating their competence of basic elementary curriculum.
	Special educators who teach multiple core subjects may demonstrate their competency through state developed high objective uniform state standard of evaluation (HOUSSE) option.

	Students with disabilities enrolled in private schools. Children who attend private school are entitled to evaluations and if necessary special education and related services.
	The LEA must consult with a representative of the parents and the private schools to ensure that the design and delivery of evaluations, special education and related services meets the child's needs.
	Currently school districts are required to locate, identify and evaluate children through a process called "child find" The new regulations state that where the student's private school is located is responsible for children find and providing students services.

	Evaluations Districts generally conduct an initial evaluation within 60 days of receiving parental consent. States may establish longer or shorter timeframes and those timelines would be binding.
	Exceptions include students transferring from another district or state.
	Additional exceptions include if the parent refuses to make the child available for the evaluation.
	If parents refuse to give consent for an evaluation, Districts may use due process procedures to seek an order from a hearing officer requiring an evaluation of a child.

	Individualized Educational Plans The IEP Team must include parents, a general education teacher (if the child participates in general education), a special educator, and a representative of the school district. Other members of the team can include related service providers or individuals with expertise about the child.
	The IEP Team will include a a statement of the child's current performance, establish annual goals, describe how those goals will be measured and establish reporting cycles similar to all other students.
	The parent and the LEA may agree to excuse any member of the IEP Team from the meeting if the area is being addressed, but the Team member will be required to submit their input in writing to the parent and LEA prior to the meeting.
	The IEP can be amended without reconvening the entire team.
	The IEP Team is required to include benchmarks and short-term objectives in the IEP for students participating in alternate assessments.
	Districts are no longer required to consider special factors such as student's language needs when reviewing and revising IEPs.
	Districts must still consider these factors during the initial IEP development.
	The regulations explain when a district *can* conduct an IEP for a public school student even when a parent refused to consent to one.

	Due Process . The reauthorized I.D.E.A. establishes a statute of limitations of one year from the date of the violation to the time a complain must be filed.
	Exceptions include state statues which supersede federal criteria.
	Due process notice is an official complaint from the parent about their child's individuated educational plan or services under IDEA.
	It provides a means for pre-trail meeting where both parties can reiterate their positions and try to come to an amenable solution. It also decreases the possibility to new areas of concern being presented if the parties do go to court.

	Identification of Children with Specific Learning Disabilities The regulations allow states to prohibit districts from using IQ-discrepancy model when making a determination ,but it does not prohibit it entirely.
	States and LEAs are encouraged to look at research-based practices, especially response-to-intervention strategies, to determine whether a child has a specific learning disability.

	Discipline Procedures A hearing must occur within 20 school days of the request for one. The district must make a determination within 10 schools days of the hearing date.
	Before the hearing can occur, a resolution session must be held within 7 days of the request for a hearing.
	If a resolution is not reached within 15 days of the request, the matter must proceed to a hearing.
	A excessively violent student with an I.E.P. can be removed from school for up to 45 days while the I.E.P. team develops a plan of action.

New State Policies IDEA requires states to develop polices and procedures to prevent disproportionate representation by race and ethnicity of children having a disability or a particular disability.

	Medication for children IDEA prohibits each state and local educational agency personnel from requiring a child to obtain a prescription for a controlled substance as a condition of attending school, receiving services or receiving an evaluation for a disability.
	School personnel can share observations of the child's' academic achievement, functional performance, or behavior management with parents so they can use that information and consult with medical practitioners.

Funding IDEA provides an option for local educational agencies (LEAs) to use up to 15% of their total federal IDEA funding to provide service to student before they are identified as having disabilities.

Instructional Materials It states that instructional materials must be provided to students in a timely manner.

Professional Development It increased funding for professional development, both for educators and paraeducators.