Education
Fact Sheet: Individuals with Disabilities Education Act
On November 19, 2004, Congress passed HR 1350, the reauthorization of the federal Individuals with Disabilities Education Act (IDEA). The President signed the bill into law on December 2, 2004. This statute sets the conditions upon which states may receive federal funding for special education programs and services. This memo is a brief summary of some of the principal points in the new reauthorization of IDEA.
Paperwork Reduction
As you may know, one of the concerns of local school districts has been the extensive paperwork requirements in special education. The new IDEA affords us the opportunity to seek waivers from the U.S. Department of Education in order to pilot programs that have the prospect of reducing the volumes of paper local school districts are required to maintain to document compliance with IDEA’s requirements.
Multi-Year IEPs
Closely associated with the point above, the new IDEA will allow as many as 15 sates to authorize school districts to pilot multi-year IEPs, rather than the annual IEPs heretofore required. This process will be explored as a means of reducing the overall burdens faced by local districts on an annual basis as they provide services to students with disabilities.
Highly Qualified Teachers
In association with the No Child Left Behind Act (NCLB), the new IDEA sets forth, in detail, certification and training requirements for special education teachers including clarification regarding requirements for highly qualified special education teachers. Largely due to earlier efforts by ISBE and the General Assembly, we have already developed many requirements that are now outlined in the IDEA, although further changes are necessary.
Learning Disabilities
The new IDEA sets forth a different process by which districts may identify students with learning disabilities. As result of the new definition, districts may use a process that determines if the child responds to scientific, research-based intervention as part of the evaluation procedures. In addition, the new IDEA addresses the increasing phenomenon of misidentification of students, particularly among certain groups and classes of students.
Post-Secondary Transition
In an effort to better assist students who are approaching high school graduation, the new IDEA sets forth more explicit requirements for identifying services and supports for students aged 16 and above. There are more detailed requirements for local districts to identify courses and training opportunities that will prepare students for post-secondary education and/or work opportunities following graduation.
Dispute Resolution Procedures
The new IDEA contains new procedures for resolving disputes that may arise between parents and local districts. These procedures include an increased role for mediation and other conflict resolution mechanisms as a means of reducing the load of due process hearings. In addition, the new IDEA contains other provisions that revise the standards by which Due Process Hearing Officers adjudge violations of IDEA, as well as the standards by which attorneys’ fees are awarded.
The changes described above are to take effect as of July 1, 2005, with the exception of the provisions affecting "highly qualified teachers", which are to take immediate effect.
ISBE is working with the Illinois State Advisory Council for the Education of Children with Disabilities to develop an inclusive means by which organizations throughout the state can participate in the review of changes in IDEA. Reauthorization of IDEA will, no doubt, require some statutory changes as well as additional proposed changes to Illinois rules beyond those changes articulated by the State Advisory Council in October of 2004 in response to House Resolution 359. ISBE plans to incorporate all rulemaking changes within a single submission which will result from this reauthorization prior to July of 2005.
From Illinois State Board of Education (http://www.isbe.state.il.us)