November, 2005 Special Educator e-Journal

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IDEA–Reauthorized Statute

CHANGES IN INITIAL EVALUATION AND REEVALUATION

This section addresses the changes to the IDEA provisions regarding initial evaluation and reevaluation that took effect on July 1, 2005.  It does not address any changes that may be made by the final regulations.

IDEA 2004:

1.  Provides for parental consent for initial evaluation of children who are wards of the state.

If the child is a ward of the state and is not residing with the child’s parent, the agency shall make reasonable efforts to obtain the informed consent from the parent (as defined in Section 602(23)) of the child for an initial evaluation to determine whether the child is a child with a disability (as defined in Section 602(3)).  The agency shall not be required to obtain informed consent from the parent of a child for an initial evaluation to determine if the child is a child with a disability if:

  • Despite reasonable efforts to do so, the agency cannot discover the hereabouts of the parent of the child;
  • The rights of the parents of the child have been terminated in accordance with state law; or 
  • The rights of the parent to make educational decisions have been subrogated by a judge in accordance with state law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the child.
    [614(a)(1)(D)(iii)]

Definition of “ward of the state.”
The term “ward of the state” means a child who, as determined by the state where the child resides, is a foster child, is a ward of the state, or is in the custody of a public child welfare agency. The term does not include a foster child who has a foster parent who meets the definition of a parent in Section 602(23).  [602(36)]

2.  Adds a 60-day timeline to complete initial evaluation (unless the state has an established timeline).

An initial evaluation shall consist of procedures to determine whether a child is a child with a disability (as defined in Section 602(3)) within 60 days of receiving parental consent for the evaluation, or, if the state establishes a timeframe within which the evaluation must be conducted, within such timeframe; and to determine the educational needs of such child.

The relevant timeframe above shall not apply to a local education agency (LEA) if:

  • A child enrolls in a school served by the LEA after the relevant timeframe has begun and prior to a determination by the child’s previous LEA as to whether the child is a child with a disability, but only if the subsequent LEA is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent LEA agree to a specific time when the evaluation will be completed; or
  • The parent of a child repeatedly fails or refuses to produce the child for the evaluation.
    [614(a)(1)(C)]

3.  Authorizes procedures in case of an absence of consent for an initial evaluation.

If the parent of a child for which the agency is proposing to conduct an initial evaluation does not provide consent for an initial evaluation, or the parent fails to respond to a request to provide the consent, the LEA may pursue the initial evaluation of child by utilizing the procedures described in Section 615, except to the extent inconsistent with state law relating to such parental consent.  [614(a)(1)(D)(ii)(I)]

4.  Establishes procedures for evaluating a child suspected of having a specific learning disability.

Notwithstanding Section 607(b), when determining whether a child has a specific learning disability as defined in Section 602:

  • An LEA shall not be required to take into consideration whether a child has a severe discrepancy between achievement and intellectual ability in oral expression, listening comprehension, written expression, basic reading skill, reading comprehension, mathematical calculation, or mathematical reasoning.
  • An LEA may use a process that determines if the child responds to scientific, research-based intervention as a part of the evaluation procedures.
    [614(b)(6)]

5.  Revises procedures for reevaluations.

An LEA shall ensure that a reevaluation of each child with a disability is conducted in accordance with Sections 614(b) and 614(c) if:

  • The LEA determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation; or
  • The child’s parents or teacher requests a reevaluation.

A reevaluation conducted under Section 614(a)(2)(A) shall occur not more frequently than once a year, unless the parent and the LEA agree otherwise; and at least once every three years, unless the parent and the LEA agree that a reevaluation is unnecessary.  [614(a)(2)]

6.  Exception to requirements for evaluation before a change in eligibility.

An evaluation is not required before the termination of a child’s eligibility under Part B due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for a free appropriate public education (FAPE) under state law.  [614(c)(5)(B)(i)]

For a child whose eligibility under Part B terminates under circumstances described above, an LEA shall provide the child with a summary of the child’s academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child’s postsecondary goals.  [614(c)(5)(B)(ii)]

7.  Adds a requirement to evaluate the child’s present levels of academic achievement and the related developmental needs of the child.

As part of an initial evaluation (if appropriate) and as part of any reevaluation under Section 614, the individualized education program (IEP) team and other qualified professionals, as appropriate, shall review existing evaluation data on the child … and, on the basis of that review, and input from the child’s parents, identify what additional data, if any, are needed to determine:

  • Whether the child is a child with a disability as defined in Section 602(3),
    and the educational needs of the child, or, in the case of a reevaluation of a child, whether the child continues to have such a disability and such educational needs; and
  • The present levels of academic achievement and related developmental needs of the child….
    [614(c)(1)(A) and (B)(i)-(ii)]

Update from NICHCY– Early Intervention

What is Early Intervention?

If you’re asking the question “what’s effective in delivering early intervention services?” then you probably don’t need an intro to what early intervention is. But we don’t like to presume what anyone might already know (or not know) when they come to these Foundations pages. So we’ll start with the basics. Skip this section if you already know them.

• EI: What is it? How to find it.
www.nichcy.org/pubs/parent/pa2txt.htm
Start with NICHCY’s Finding Help for Young Children with Disabilities (Birth-5). Early intervention services are explained, as well as how to access them for infants and toddlers. This publication will also connect you with many of the major organizations who can tell you more.

• What’s the law have to say?
www.nectac.org/idea/idea.asp
The legal basis for early intervention services comes from the Individuals with Disabilities Education Act (IDEA). The link above takes you to the National Early Childhood Technical Assistance Center’s (NECTAC) pages on the IDEA’s early childhood provisions.

• The lowdown on “service coordination.”
www.nectac.org/topics/scoord/scoord.asp
“Early intervention service coordination is a mandated service under Part C of IDEA, provided at no cost to families. Service coordination is defined as an active, ongoing process that assists and enables families to access services and assures their rights and procedural safeguards.” So begins the service coordination page at NECTAC, where you’ll find IDEA’s definition of service coordination, how different states are addressing service coordination, training resources, and links to the Research and Training Center on Service Coordination (described more below) and other resources on this topic.

• Go straight to the RTC, if you like.
www.uconnucedd.org/Projects/RTC/Default.htm
If the above item interested you, and in particular if the availability of the Research and Training Center on Service Coordination interested you, we provide the link to the RTC to speed you on your way there. (But make sure to visit NECTAC, who has boatloads of information on early intervention policy and practice. We’ve cited a goodly portion of it throughout this Foundations page, as you’ll see.)

• Benefits?
www.nectac.org/~pdfs/pubs/econbene.pdf
The Long Term Economic Benefits Of High Quality Early Childhood Intervention Programs – Minibibliography answers one aspect of the benefits question. An extensive body of research indicates that high quality early intervention for at-risk infants, toddlers, and young children and their families is a sound economic investment. Courtesy of NECTAC, 2004, 9 pages.

Early Intervention in Your State
• Is early intervention available in my state?
www.nichcy.org/states.htm
Oh yes, EI services are available in your state. Visit NICHCY’s state resource sheets page, click on your state, and look for the heading “Programs for Infants and Toddlers with Disabilities: Ages Birth through 2.” You’ll find the contact info for the early intervention system in your state. That’s just the starting place. There’s an incredible EI network in most states and a great deal of online information about early intervention services in general, a state’s system in specific, training modules, and… be sure to visit your state’s online EI resources, which will lead you into the heart of the system where you live.

• How does my state define who’s eligible for services?
www.nectac.org/~pdfs/pubs/nnotes18.pdf
Find the answer in State and Jurisdictional Eligibility Definitions for Infants and Toddlers With Disabilities Under IDEA.

• And how does my state define “developmental delay” under Part B of IDEA?
www.nectac.org/~pdfs/pubs/nnotes15.pdf
Find the answer in Eligibility Policies and Practices for Young Children Under Part B of IDEA.

• State definitions matter.
www.tracecenter.info/snapshots/snapshots_vol1_no4.pdf
This 6-page article, States’ Part C Eligibility Definitions Account for Differences in the Percentage of Children Participating in Early Intervention Programs, comes from TRACE (Tracking, Referral and Assessment Center for Excellence).

• What is (and who’s on) my state’s ICC?
www.nectac.org/contact/iccchair.asp
As required by the IDEA, each state has what’s known as an Interagency Coordinating Council, or ICC. Its role in the state’s early intervention system is suggested by its title—to address the coordination of the efforts of the various agencies involved in providing or supervising the provision of EI services. Find out about your state’s ICC at the link above—its composition and membership, parent roles and participation, structure and organization, and roles and functions.

• If you live in California (and even if you don’t)…
www.wested.org/cpei
WestEd’s Center for Prevention & Early Intervention (CPEI) provides training, technical assistance and resource development and provision supporting early intervention services for California infants and toddlers with disabilities and at-risk conditions and their families. For those of us who don’t live in CA, there’s still lots of info at CPEI, including the online Early Start Library, a specialized collection of more than 4,200 items you can check out—videotapes, training kits, latest research studies, and much more.

Who’s Who in Early Intervention

How long a list would you like? In the interests of efficiency, we’re going to give you the short and to-the-point list to get you started (we apologize to all those organizations we haven’t listed here). This starter list will definitely lead you into the wider network and keep you informed in the ongoing work in early intervention.

• National Early Childhood Technical Assistance Center (NECTAC).
www.nectac.org/
NECTAC supports the implementation of the early childhood provisions of the Individuals with Disabilities Education Act (IDEA). Its mission is to strengthen service systems to ensure that children with disabilities (birth through five) and their families receive and benefit from high quality, culturally appropriate, and family-centered supports and services. The center addresses this mission by working primarily with the state agencies responsible for ensuring EI services.

• CLAS, the Early Childhood Research Institute on Culturally and Linguistically Appropriate Services.
www.clas.uiuc.edu
CLAS identifies, evaluates, and promotes effective and appropriate early intervention practices and preschool practices that are sensitive and respectful to children and families from culturally and linguistically diverse backgrounds. You won’t believe how many materials they offer to guide early intervention practice—and in multiple languages as well. We mention quite a few of them in these Foundations pages, but you’ll want to visit anyway and see how much more there is.

• Research and Training Center (RTC) on Early Childhood Development.
www.researchtopractice.info
The RTC on Early Childhood Development is conducting applied research on knowledge and practice that improves interventions associated with the healthy mental, behavioral, communication, preliteracy, social-emotional, and interpersonal development of infants, toddlers, and preschoolers with or at risk for developmental disabilities. You’ll find a wealth of information about effective early childhood intervention practices based on research on the RTC’s Web site.

• Early Childhood Research Institute on Measuring Growth and Development (ECRI-MGD).
https://ici2.umn.edu/ecri/index.html
The ECRI-MGD was launched in October 1996 with a mission to produce a comprehensive system for continuously measuring the skills and needs of individual children with disabilities from birth to eight years of age. A wide range of reports and manuals encapsulating their results are available at the link above.

• The ECO Center.
www.the-ECO-center.org
ECO is the Early Childhood Outcomes Center: Demonstrating Results for Infants, Toddlers, and Preschoolers with Disabilities and Their Families. If you’re looking for research-based info on how to measure outcomes and the success of your efforts, you’ll soon find yourself at ECO.

• TRACE.
www.tracecenter.info/
TRACE stands for Tracking, Referral and Assessment Center for Excellence. The major goal of TRACE is to identify and promote the use of evidence-based practices and models for improving child find, referral, early identification, and eligibility determination for infants, toddlers, and young children with developmental delays or disabilities who are eligible for early intervention or preschool special education. Lots of great stuff here!

• Division for Early Childhood (DEC).
www.dec-sped.org/
DEC is especially for individuals who work with or on behalf of children with special needs, birth through age eight, and their families. DEC promotes polices and advances evidence-based practices that support families and enhance the optimal development of young children who have or are at risk for developmental delays and disabilities. Visit DEC’s publications page to connect with (for-sale but on-point) DEC’s Recommended Practices series.

• IDEA Infant and Toddler Coordinators Association.
www.ideainfanttoddler.org/index.htm
This association promotes the mutual assistance, cooperation, and exchange of information and ideas in the administration of the IDEA Infant and Toddler Program. It also provides support to the state coordinators. Membership in the Association is open to the agency within each state or jurisdiction that has been designated as the Part C lead agency. Membership fees are established in relation to the Federal Part C allocation.

Pediatrics and Health Care

It is difficult to discuss early intervention and early childhood development in the absence of discussing health care concerns. Health issues, health care, the role of the pediatrician in diagnosing developmental delays or disabilities, how to address health costs…the list goes on and on. All are topics worthy of stand-alone Foundations pages. Lacking that at this moment, we will list several “starter” resources below, with the clear recognition that there is much, much more to say. We will, in the future. For now…start with these resources, which will lead you to more.

• For pediatricians: Intro to early intervention.
www.medicalhomeinfo.org/health/Downloads/EIBrochureF.pdf
Pediatricians are often among the first professionals to see and work with children who have special health care needs. As such, they are invaluable links in the system of referral to early intervention for families. This 12-page brief explains the early intervention system to pediatricians, from the legal basis for EI to an excellent overview of how the system works and what it is intended to accomplish.

• For early interventionists: Intro to “the medical home.”
www.medicalhomeinfo.org/health/Downloads/EIBrochureF.pdf
The brief described in the bullet above is also intended for early intervention programs. It will help programs learn about the role of the medical home in providing comprehensive, coordinated, collaborative care in concert with the family and other medical and non-medical service providers; The brief also provides strategies for effective collaboration and communication between the pediatric clinician and early intervention programs in the provision of quality, comprehensive care.

• What’s a “medical home,” and why is it so important for children with special health care needs?
www.medicalhomeinfo.org/index.html
The National Center for Medical Home Initiatives will answer this question in spades. Through the National Center, physicians, parents, administrators, and other health care professionals have access to educational, resource, and advocacy materials, guidelines for care, evaluation tools, and technical assistance. At the link above, you have access to a wealth of info, including (but NOT limited to):

The federal government funds many programs intended to improve maternal and child health (MCH). Many of these can offer valuable assistance to children with special health care needs. To find out more about what services and programs are available to address health-related concerns, visit the link above, or any of these listed below:

Some topics you might want to investigate in the MCH library: Access to health care, Child development, Child health insurance, Children with special health care needs, Community-based services, Culturally competent services and culturally sensitive materials, Developmental screening, Family resource centers…and that’s just through the beginning of F!

  • For pediatricians: Your role in developing the IFSP.
    pediatrics.aappublications.org/cgi/content/abstract/104/1/124
    From the American Academy of Pediatrics, Committee on Children with Disabilities.
  • For pediatricians: Your role in family-centered EI services.
    pediatrics.aappublications.org/cgi/content/abstract/107/5/1155
    Another from the American Academy of Pediatrics, Committee on Children with Disabilities.
  • University Centers for Excellence in Developmental Disabilities.
    www.aucd.org/index.htm
    Heard of the University Centers? That’s a network of 61 university-based programs with the telling name of “University Centers for Excellence in Developmental Disabilities Education, Research, and Service (UCEDD).” University Centers have four broad tasks: conduct interdisciplinary training, promote community service programs, provide technical assistance at all levels (from local service delivery to community and state governments), and conduct research and dissemination activities. The link above takes you to the main page of the network. If you click on “UCEDDs” on the left menu, you’ll go to a description of the UCEDD network. At the top of the page, dead-center, is “Link to UCEDD Directory,” which you can choose if you’d like to identify the university center in your state.
  • For more “Resources Within the Medical/Healthcare Community”…
    www.nichcy.org/enews/foundations/healthcare.asp
    Find out more about specific disabilities, find a doctor or a health care center, find insurance for uninsured children, and more at NICHCY’s Connections page entitled… can you guess?

Child Find Matters

Child Find operates in each state to identify children who have disabilities or who are at risk of developmental delay. This includes infants and toddlers who may be eligible for early intervention services. All on its own, Child Find is a gigantic undertaking. With this very young target population, Child Find must raise awareness across a range of caregivers as to the “warning signs” of disabilities or developmental delays in young children–and often in multiple languages, too.

If you’re looking for ways to address the effectiveness of your area’s Child Find system, here are some resources you may find helpful.

Child find info aplenty.
www.childfindidea.org/
In 1999, the Office of Special Education Programs (OSEP) funded Child Find Demonstration projects, and the Web site above has emerged to distill and disseminate their collective experiences. For the purposes of sharing information about conducting a child find effort, they’ve broken down child find into seven elements: Definition of Target Population, Public Awareness, Referral/Intake, Screening and Identification, Eligibility Determination, Tracking, and Interagency Coordination. Enter the site through the link above, find out more about each element, and connect with resources on that element.

The research base on child find: What works.
www.tracecenter.info/childfind.php
A review and content analysis of the child-find-related literatures indicate that the following seven categories of practices have special relevance for improving early intervention and preschool special education child find practices. Research syntheses in each of the subcategories are being completed by TRACE investigators with a primary focus on the characteristics of practices that are most effective in identifying children who are or may be eligible for early intervention or preschool special education.

Getting people to notice the “warning signs” of disabilities and know there’s help available.
www.clas.uiuc.edu/special/childfind/index.html
CLAS (Early Childhood Research Institute on Culturally and Linguistically Appropriate Services) searched for Child Find brochures, handbooks, and materials distributed in state and local efforts to raise awareness of families, medical professionals, and child care workers about the indicators or “warning signs” of disabilities or developmental delays in young children, as well the availability of early intervention services. These include such items as:
Prescreening or growth charts, brochures, and guidebooks for parents and professionals to use in considering a child’s developmental growth in key areas such as vision, hearing, motor skills, and language development.

Materials in languages such as Arabic, Chinese, Hmong, Italian, Japanese, Khmer, Korean, Laotian, Russian, Sioux, Spanish, Vietnamese, and Yiddish.

Did you notice all the languages in the item just above? Addressing diversity matters, too.

www.kihd.gmu.edu/mectt/trainingpackage.htm
Child Find must cut across all spectrums of society, since disability touches all of us. So, the ability to talk to and reach diverse audiences is critical—and, often, problemmatic. If it’s a problem within your system, or just a matter to continually address and improve, then check this resource out. It’ll help. From the Multicultural Early Childhood Team Training (MECTT) project at the Helen A. Kellar Institute for Human disAbilities comes a training curriculum to prepare parent and professional teams to work with diverse families of young children with disabilities. Module 3 deals with “Family Find,” and provides training on strategies and techniques for finding and establishing alliances with culturally diverse families. Module 4 talks about “Communication and Partnerships,” and addresses general principles of communication and specific cultural factors which influence interpersonal communication.

More on getting people to notice the warning signs.
There are numerous points along the way where someone may notice that a child is not developing as expected: parents, family members, child care providers, physicians, nurses, and so on. You may be frustrated by trying to develop materials to reach each of these audiences with the news about Child Find. Maybe these already-developed materials can help.

Parents.
www.newassessment.org/Public/Channels/default.cfm?CategoryID=1

Teachers, Childcare Personnel, and Interventionists.
www.newassessment.org/Public/Channels/default.cfm?CategoryID=2

Therapists and Medical Professionals.
www.newassessment.org/Public/Channels/default.cfm?CategoryID=4

Diagnosticians and Psychologists.
www.newassessment.org/Public/Channels/default.cfm?CategoryID=3

Need basic info on developmental milestones to share?
www.zerotothree.org/dev_miles.html
Take it from Zero to Three, the National Center For Infants, Toddlers and Families. The info is also available in Spanish, at:
www.zerotothree.org/Spanish/dev_miles_Sp.html

More on child development, developmental milestones—and an intro to developmental screening.
www.cdc.gov/ncbddd/child/devtool.htm
From the National Center on Birth Defects and Developmental Disabilities (NCBDDD). Good for parents with concerns about their child’s development. Fact sheets are currently available on several disabilities (cerebral palsy, autism, ADHD, vision loss, hearing loss, and mental retardation)—a description of the disability, early signs of the disability, what to look for, and what to do next.

Wanna join a Community of Practice?
www.tacommunities.org/ev_en.php?ID=1008_201&ID2=DO_COMMUNITY
The Office of Special Education Programs (OSEP) has formed several communities of practice (CoP) to improve implementation of IDEA. One focuses upon Child Identification. See what this CoP has to offer, at the link above.

How do you promote referral to early intervention programs?
www.tracecenter.info/referral.php
The methods and procedures that can be used by Part C/Part B(619) personnel to influence referrals to early intervention and preschool special education include different kinds of practices being reviewed and synthesized by TRACE investigators. Major emphasis is being placed on the practices that are most effective in promoting referrals to Part C and Part B(619) programs.
More from TRACE on “How-To” increase referrals.
www.tracecenter.info/endpoints/endpoints_vol1_no1.pdf
This 2-page distills TRACE’s findings from their research investigations (the point above).

And a “How-To” on encouraging health care professionals to include EI services on health care plans.
www.tracecenter.info/milemarkers/milemarkers_vol1_no10.pdf
This Milemarkers bibliography also comes from TRACE and identifies sources of information on points in time where early intervention staff to work with health care professionals to identify children eligible for early intervention and refer them to the EI system.

Assessment/Evaluation Practices

Once the Child Find system has gotten people’s attention and “found” children with disabilities or at risk of disabilities, the children must be assessed to see if they are eligible for services and, if so, what types of services and intervention are needed.. This is obviously a huge area within early intervention. If you’re looking for ways to address the effectiveness of your system’s assessment processes, here are some resources you may find helpful.

• Developmental and behavioral screening.
www.dbpeds.org/articles/detail.cfm?id=5
Screening children for developmental, behavioral, and emotional problems is an important responsibility for pediatricians. This online module provides information about screening techniques that can be used effectively and efficiently in the office setting, and includes an annotated list of Developmental and Behavioral/Emotional screening tools.

• Recommended screening tools, from First Signs.
www.firstsigns.org/screening/tools/rec.htm
First Signs, Inc. is a national non-profit organization dedicated to educating parents and pediatric professionals about the early warning signs of autism and other developmental disorders. Take advantage of their extensive review of current screening tools available and the recommendations they make about what to use.

• Assessing with solutions in mind.
https://ici2.umn.edu/ecri/index.html
The Early Childhood Research Institute on Measuring Growth and Development (ECRI-MGD) offers quite a range of reports intended to help EI systems use solutions-oriented assessments that allow families and early childhood and early elementary educators to identify features of classroom and home settings they can change to improve children’s developmental outcomes.

• Don’t overlook cultural or linguistic diversity during assessment.
www.nectac.org/~pdfs/pubs/earlyidmini.pdf
The multitude of linguistic and cultural variations that exist in the United States presents a special challenge to early interventionists. This mini-bibliography (annotated) from NECTAC is designed to put you in touch with resources on how to effectively address diversity concerns during early identification of children.

• Assessment practices: What’s recommended?
www.newassessment.org/
What are the recommended assessment practices in early childhood intervention? Find out at the New Assessment: Early Childhood Resources Web site, which includes info on innovative assessment models, processes, and resources that benefit young children and their families. There are materials for parents, too, and online training info for professionals.

• Assessment that guides intervention.
www.fpg.unc.edu/~eco/pdfs/IndivGrowthandDevelopment.pdf
Individual Growth and Development Indicators (IGDIs) are explained as a tool for measuring a child’s progress toward selected outcomes and, using that info, determining and refining intervention.

• Evaluation tools: “Special Collection.”
www.clas.uiuc.edu/special/evaltools/index.html
CLAS offers an online collection of evaluation tools, which they describe as a “listing of a variety of screening and diagnostic tools, and books about recommended practices in assessing the development of young children with and without disabilities from culturally and linguistically diverse groups.”

Interagency Efforts

Many agencies are typically involved in providing EI and preschool services to children with disabilities. Head Start, child care, health services, education…who might you bring to the table, unite forces with, share expenses with, and plan with to increase state capacity to address the needs of young children? Here are some resources to help you consider and design a unified, collaborative approach to this shared responsibility.

• The state ICC is key to many opened doors.
www.nectac.org/~pdfs/topics/OpeningDoors.pdf
Each state has what’s known as an Interagency Coordinating Council, or ICC. How do you build an ICC that works well and accomplishes its purposes? And what are the benefits of the service integration that the ICC pursues? Read all about it in “Opening Doors Through State Interagency Coordinating Councils: A Guide for Families, Communities and States.”

• Assembling a diverse ICC.
www.nectac.org/~pdfs/pubs/nnotes17.pdf
As required by IDEA, State ICCs must be composed of at least 20% parents of children with disabilities. Additionally, states often seek to recruit parent members from culturally diverse backgrounds to ensure that a variety of viewpoints are represented at the table. The document at the link above describes several ways ICCs can encourage and expand diverse parent representation on councils and committees. Although it specifically concerns parent members, this paper can also be useful for general recruitment of diverse members.

• Promoting early care and education partnerships: What can a state do?
https://ccf.edc.org/PDF/StateBrief.pdf
The Center for Children and Families has a lot to say on this topic, emerging from its Partnership Impact Research Project, an intensive six-year research investigation on the nature of partnerships among early education providers.

• Getting from here (separate systems) to there (collaborative systems).
https://ecrp.uiuc.edu/v6n1/clifford.html
This paper explores strategies for moving from independent and overlapping services toward a seamless system of early child care and nurturance provided by the four diverse players in the early childhood field: child care, Head Start, services for children with disabilities, and preschool programs.

• Developing partnership agreements.
www.nccic.org/quilt/checklist.html
Here’s a checklist for how to define each partner’s roles and responsibilities and many of the elements needed for the partnership to run smoothly. Courtesy of the National Child Care Information Center (NCCIC), which offers many more publications on the subject of partnering to improve services.

• Want an example?
www.nectac.org/topics/inclusion/collab/intagagree.asp
See what three states have done in their interagency agreements.

• Promoting collaborative teams at the community level.
www.nectac.org/~pdfs/topics/inclusion/TasksTipsTools.pdf
“Tasks, Tips and Tools for Promoting Collaborative Community Teams” is a product of the Collaborative Planning Project (CPP), based at The Center for Collaborative Educational Leadership in Denver, Colorado. The document is available online at NECTAC.

• Financing early childhood systems.
www.nectac.org/~pdfs/pubs/financemini.pdf
This annotated bibliography presents resources related to financing early childhood systems to support inclusive options for young children with disabilities.

• Interagency agreements for transitions.
https://facts.crc.uiuc.edu/facts1/facts1.html
The booklet you’ll find at the link above focuses on the role of interagency agreements in facilitating the transition of young children and their families from early intervention services to preschool services as children turn three years of age. It even closes with sample agreements!

The IFSP

IFSP stands for Individualized Family Service Plan, and it’s the cornerstone of family involvement and early intervention services provided to infants and toddlers with disabilities. Find out the basics and more about the IFSP below.

• What’s in an IFSP?
https://ericec.org/digests/e605.html
A brief overview.

• IFSPweb.
www.answers4families.org/ifspweb/
This online self-paced tutorial is designed to help families and professionals develop better IFSPs for young children with disabilities. It is specifically for Nebraska families and professionals, but we all can learn here, too.

• IFSPs in your state.
www.nichcy.org/states.htm
We refer you again to NICHCY’s state resource sheets, where you can find an entrance point into your state’s early intervention system. It’s amazing how many states have online modules and explanations for parents and professionals with respect to the state’s approach to IFSPs and service delivery. Just to name a few…to give you an idea of what a valuable resource you might find if you go looking via NICHCY’s state sheets…take a look at what several states offer. Kinda makes you wanna find out what your state offers!

Arizona: Early Intervention Program.
www.de.state.az.us/azeip/default.asp

Colorado: Early Childhood Connections.
www.cde.state.co.us/earlychildhoodconnections/

Connecticut: Birth to Three.
www.birth23.org/

Indiana: First Steps.
www.in.gov/fssa/first_step/info/index.html

Kansas.
Intro into the system: www.kdhe.state.ks.us/cds/index.html
Online inservice training for families & professionals: www.kskits.org/index.shtml

Maryland.
The IFSP Process Tutorial: https://cte.jhu.edu/courses/ifsp/

Missouri: First Steps.
https://dese.mo.gov/divspeced/FirstSteps/

Texas: Early Childhood Intervention.
www.dars.state.tx.us/ecis/index.shtml

Wisconsin: Birth to 3.
Intro into the system: https://dhfs.wisconsin.gov/bdds/birthto3/
But check out this next step: www.waisman.wisc.edu/birthto3/index.htmlx

Involving Families Effectively

Families, most particularly parents, are vital participants in early intervention programming, both at an organizational level determining policies and scope and at the individual level where they are intimately involved in determining the EI services that their own child will receive. How might the EI system promote the active involvement of families at either the organizational and individual levels? Both types of involvement drive directly to the effectiveness of the system overall and for individual children.

• Helping parents understand the assessment process.
www.zerotothree.org/newvisions.html
ZERO TO THREE, the National Center For Infants, Toddlers and Families, offers “New Visions for Parents,” a packet of materials that contains, among other things, (a) A Parent’s Guide to Understanding Developmental Assessment; (b) Planning and Preparing for Your Child’s Developmental Assessment; and (c) List of Terms: Terms Frequently Used in Developmental Assessment. Parents can read or download these materials online at the link above, and practitioners can download and share them with parents.

• More for families on assessment.
www.newassessment.org/Public/Channels/document.cfm?ID=2
Assessment Tips for Parents is short and sweet and to the point.

• Family-centered assessment practices.
www.kihd.gmu.edu/mectt/trainingpackage.htm
Above, under “Child Find,” we mentioned a training curriculum available from the Multicultural Early Childhood Team Training (MECTT) project at the Helen A. Kellar Institute for Human disAbilities. Well, Module 6 of the training curriculum focuses on family-centered assessment. Assessment is defined; family-centered assessment practices are described; and cultural factors influencing assessment are identified. The role of the family throughout the assessment process is discussed.

• Explaining rights and safeguards to families.
www.nectac.org/~pdfs/pubs/assuring.pdf
Assuring the Family’s Role on the Early Intervention Team: Explaining Rights and Safeguards provides a thorough discussions of what rights and safeguards we’re talking about and includes clear, easy-to-read materials that can be shared with parents.

• Involving Latino families.
www.fpg.unc.edu/products/product_detail.cfm?apubsid=513
Addressing the Needs of Latino Children: A National Survey of State Administrators of Early Childhood Programs (Executive Summary) examines the linguistically and culturally relevant practices that state administrators reported were recommended or being used by early education and intervention programs that enrolled Latino children and families.

• Working with culturally & linguistically diverse families.
https://ceep.crc.uiuc.edu/eecearchive/digests/2001/bruns01.html

• Walking the walk: A guide to diversity resources for trainers.
https://www.fpg.unc.edu/~walkingthewalk/pdfs/WTW_guide.pdf
This annotated listing of high quality resources includes videotapes, books, curricula, and other materials that can be used to assist in growing a more diverse and better prepared workforce to serve infants, toddlers, children and families who are culturally and linguistically diverse.

• Getting fathers involved.
https://ecrp.uiuc.edu/v5n2/green.html

• National Parent Leadership Development Project for ICCs.
www.iccparent.org/
Being a parent representative on an ICC can be a confusing but exhilarating experience. The leadership support project at the link above is designed to support parents of children with disabilities serving on their state ICC, offer leadership institutes, a network of fellow parents, and the opportunity to orient, learn, grow, and succeed in the role.
Influencing the interaction between parent and child.
www.clas.uiuc.edu/techreport/tech13.html

Transitioning to Preschool

• Out of EI and into preschool: What’s it all about?
www.handsandvoices.org/articles/education/law/transition.html
Here’s a decent explanation, including why it’s important to plan for this transition; the benefits to children, families, and teachers of such planning; and the chief differences between the EI system and preschool service system in terms of child find, referral, evaluation, eligibility, family involvement, the type of plan that’s written and the services that are delivered, and service coordination

• Pull a thread and find a minibibliography.
www.nectac.org/~pdfs/pubs/transition.pdf
Transitions From Infant Toddler Services to Preschool Education – Minibibliography is available online from NECTAC. This annotated bibliography presents resources related to transitions from infant-toddler services to preschool education.
2004, 8 pages.

• Parents! For Parents!
https://facts.crc.uiuc.edu/facts4/facts4.html
If you’re a parent and your child is going to soon be transition out of early intervention and into preschool services, you may find Planning Your Child’s Transition to Preschool: A Step-by-Step Guide for Families very helpful.

• Who’s in charge of preschool services, and what are they doing?
www.nectac.org/~pdfs/sec619_2005.pdf
Find out in the 2005 edition of this annual NECTAC publication, which contains information on state policies, programs, and practices under the Preschool Grants Program (Section 619 of Part B) of IDEA. Information supplied by the coordinators of state and jurisdictional Section 619 programs updates the following content areas: program administration, funding, and education reform; charter and private schools; interagency coordination; personnel; transition; programming; accreditation and monitoring; performance outcomes; public awareness; IEPs, IFSPs, and family-centered services; state preschool program data from www.ideadata.org; and contact information for state and jurisdictional program coordinators.

• Recommended transition practices.
www.clas.uiuc.edu/techreport/tech4.html
This paper from CLAS examines current transition practices within the context of culturally and linguistically diverse groups, highlighting the transition from early intervention services to preschool services. An overview of recommended practice indicators in EI/ECSE and ECE is presented.

• Have you visited the center that’s looking only at what makes for effective transitions?
www.ihdi.uky.edu/NECTC/default.asp
The National Early Childhood Transition Center (NECTC) is investigating and validating practices and strategies that enhance the early childhood transition process and support positive school outcomes for children with disabilities. Search NECTC’s transition literature database, tell your transition story, and keep track of NECTC’s emerging results and recommendations.

• And visit the The FACTS/LRE Project: Family and Child Transitions into Least Restrictive Environments.
https://facts.crc.uiuc.edu
Need suggestions or insights into how to ease transitions to preschool services? Visit FACTS/LRE.

• A preschool inclusion manual.
www.circleofinclusion.org/english/pim/index.html
Ten chapters of information and how-to’s.

• Wanna join the Preschool LRE Community of Practice?
www.tacommunities.org/ev_en.php?ID=1028_201&ID2=DO_COMMUNITY
The Office of Special Education Programs (OSEP) has formed several communities of practice (CoP) to improve implementation of IDEA. One focuses upon the Preschool LRE-Part B/619 Community. See what this CoP has to offer, at the link above.

Materials in Spanish

• Intervención temprana: What is it? How to find it.
www.nichcy.org/pubs/spanish/pa2stxt.htm
NICHCY offers a Spanish version of Finding Help for Young Children with Disabilities (Birth-5). Early intervention services are explained, as well as how to access them for infants and toddlers. This Spanish publication will also connect readers with many of the major organizations who can tell them more.

• Intervención temprana–States offering info in Spanish about EI.
Travel around to states with large Spanish speaking populations and you’ll find information in Spanish about early intervention in general and state EI services in particular.

California.
Offers many materials about its Early Start system, such as:
• “A Family Introduction to California’s Early Start Program for Infants and Toddlers with Disabilities and Their Families” in Spanish.
www.dds.ca.gov/EarlyStart/PDF/Family_Introduction_EarlyStart_Spanish.pdf
• Starting Out Together – An Early Intervention Guide for Families” in Spanish
www.dds.ca.gov/EarlyStart/PDF/StartingOut_Spanish.pdf
• Parents’ Rights: An Early Start Guide for Families” in Spanish.
www.dds.ca.gov/EarlyStart/PDF/Parents_Rights_Spanish.pdf

• Colorado.
www.cde.state.co.us/earlychildhoodconnections/Sp_parents.htm

• Florida.
www.firn.edu/doe/commhome/pdf/pikspanf.pdf

• Nevada.
https://health2k.state.nv.us/BEIS/ChildFindBrochureSpan2005.pdf

• New Mexico.
www.health.state.nm.us/ltsd/fit/earlyint.html

• New York.
www.vesid.nysed.gov/lsn/HowIGrow/crezco.htm

• Puerto Rico.
www.salud.gov.pr/Dsh/

• Rhode Island.
www.dhs.state.ri.us/dhs/famchild/ei_forms/ei_central_directory_sp.pdf

• Texas.
www.dars.state.tx.us/ecis/premium-publications/SpanishHandbook.pdf

• Virginia.
www.infantva.org/documents/fam-OfficalRightsBookletSpanish.pdf

• La importancia del hogar médico para los niños con necesidades especiales de salud: The medical home.
www.medicalhomeinfo.org/tools/spanishportal.html

Find out about the “medical home” so important to children with special health care needs. Training materials in Spanish, too–at:
www.medicalhomeinfo.org/training/manualspanish.html

• Detecting hearing loss early: Los programas de Detección Auditiva e Intervención Temprana.
www.cdc.gov/ncbddd/ehdi/spanish/default.htm
Los programas de Detección Auditiva e Intervención Temprana (EHDI, por sus siglas en inglés) están localizados en los estados y están diseñados para identificar a los niños con pérdida auditiva por medio de un examen universal. Esto permite que los niños que son identificados sean inscritos en un programa de intervención temprana. In other words: EHDI programs exist in the states to identify children with hearing loss as early as possible and to involve them in early intervention.

• Criando niños sordos: Raising children who are deaf.
www.raisingdeafkids.org/spanish/learning/ei/index.jsp
The link above takes you to a page describing in Spanish what early intervention is, how to access EI services, how the IFSP is designed, and much more.

• Intervención temprana y el síndrome de Down: EI and children with Down syndrome.
w ww.ndss.org/content.cfm?fuseaction=InfoRes.HechosDesarrolloarticle&article=181
An explanation of early intervention services, with specific focus upon EI for children with Down syndrome.

• Planificación de transiciones a preescolar: Planning transitions to preschool.
www.tsbvi.edu/Outreach/seehear/summer02/planning-span.htm
This article, available in both English and Spanish from the Texas School for the Blind and Visually Impaired, goes into some detail about how to plan for a child’s transition from EI to preschool services.

• Orientación y movilidad: O&M.
www.tsbvi.edu/Outreach/seehear/spring05/how-span.htm
Travel along with this parent as she learns what O&M services mean to her child who was diagnosed at 3 months with a cortical visual impairment. Cómo Aprendí Lo Que Significa O & M is also available in English (How I Learned What O&M Means).

Effective Interventions

While a great deal of information on effective early intervention practice is available at the resources already mentioned above, we would like to pull out and note a few resources in areas of common concern with delivery of early intervention services.

• Using assistive technology.
www.fape.org/pubs/FAPE-12.pdf
Research shows that using assistive technology can help young children with disabilities learn valuable skills. Find out more about AT for infants and toddlers at the link above.

• Really? Assistive technology for infants and toddlers with disabilities?
www.asu.edu/clas/tnt/
Yes, indeed, there are many ways in which AT can optimize such young children’s development and learning. Visit the Tots ‘n Tech Research Institute (TnT) and find out how. TnT has lots of materials and guidance for families and early interventionists alike.

• Funding assistive technology.
www.nectac.org/~pdfs/pubs/atfunding.pdf
This annotated bibliography from NECTAC presents resources exploring the various assistive technology funding sources for infants, toddlers and young children with disabilities.

• Helping children learn that there’s a relationship between their behavior and its consequences.
www.researchtopractice.info/productBridgesBBPecl.php
The RTC on Early Childhood Development describes what’s effective in “early contigency” learning and how disability or developmental delays affect a child’s speed in learning the connection between their behavior and the consequences it may have. Implications for practice are described in terms of the environmental arrangements most likely to optimize the greatest amount of positive social responding. And hey! There’s info in Spanish: ¡Sí! ¡Hice que pasará! (YES! I made it happen!) and ¡No hay apuro! Las investigaciones comprueban que vale el ser paciente (No rush! Research proves it pays to be patient).

• Promoting the social development of young children and addressing challenging behavior.
https://challengingbehavior.fmhi.usf.edu/handouts/ProgramPractices.pdf
Evidence-based program practices are provided in this fact sheet from Center for Evidence-Based Practice: Young Children with Challenging Behavior. A comprehensive model of universal, secondary, and indicated prevention and intervention practices are described.

• Addressing challenging behavior in general.
https://challengingbehavior.fmhi.usf.edu
If this is your area of interest and concern, then, really, crawl all over the Web site of the Center for Evidence-Based Practice: Young Children with Challenging Behavior. You’ll find handouts, research, and training materials galore. Here are just a few titles to whet your appetite:

  • Research Synthesis on Effective Intervention Procedures
  • Systems of Service Delivery: A Synthesis of Evidence
    Relevant to Young Children With or At Risk of Challenging Behavior
  • Supporting Infants and Toddlers with Challenging Behavior
  • Comprehensive Evidence-Based Social-Emotional Curricula for Young Children

• Young children with disruptive behavior disorders and Parent-Child Intervention Therapy (PCIT).
www.researchtopractice.info/productBridgesBBPtbi.php
Here’s another research-based resource from the RTC on Early Childhood Development. This one focuses upon Parent-Child Intervention Therapy (PCIT). Implications for practice are described in terms of core relationship-building and skills that parents can implement in order to optimize child behavior functioning.

• Autism and Pivotal Response Training (PRT).
www.evidencebasedpractices.org/bridges/bridges_vol2_no4.pdf
The RTC on Early Childhood Development strikes again. This resource from the RTC focuses upon improving the social and emotional behaviors of young children with autism. Implications for practice suggest a set of six strategies that encourage the social-emotional development in young children.

• Solutions Tool Kits: Practice guides for parents and early childhood staff alike.
www.researchtopractice.info/productSolutions.php
The RTC on Early Childhood Development just keeps on comin’ with materials you can use. Their Solutions Tool Kits include collections of practice guides for promoting child development and learning. Any of these interest you?

Games for growing: Teaching your baby using early learning games.
www.researchtopractice.info/productSolutionsGG.php

Lap It Up: Early learning through parent-child lap games.
www.researchtopractice.info/productSolutionsLU.php

Powerful Playtime: Toys and learning for the very young child.
www.researchtopractice.info/productSolutionsPP.php

Literacy for Little Ones: Activities to boost beginning reading, writing, and much more!
www.researchtopractice.info/productSolutionsLLO.php

Up Close and Personal: Strengthening the parent-child relationship.
www.researchtopractice.info/productSolutionsUCP.php

Accentuate the Positive: Strengthening positive child behaviors.
www.researchtopractice.info/productSolutionsAP.php

• Promising Practices.
www.promisingpractices.net/benchmark.asp?benchmarkid=26
With the benchmark of “Increase the percentage of children 0-5 who exhibit age-appropriate mental and physical development,” the Promising Practices Network link above will provide you with a list of “proven programs” and “promising programs.”

Staff Training and Development

Here are some resources you can use in professional development. We also recommend that you use NICHCY’s state resource sheets as a starting place to enter the EI system in your state and see what training modules or other training materials may be online for professional development purposes (see discussion above about state resources, under the section “IFSP”.) There are quite a few. Even those from other states can be useful in developing staff knowledge and competencies.

• Selected early childhood/early intervention training materials.
www.fpg.unc.edu/~scpp/pdfs/rguide.pdf
Walking the Walk: A Guide to Diversity Resources for Trainers is an annotated listing of high quality videotapes, books, curricula, and other materials that can be used to assist in growing a more diverse and better prepared workforce to serve infants, toddlers, children and families who are culturally and linguistically diverse.

• Assistive technology: Training staff and families.
https://asu.edu/clas/tnt/appendix/ATtrainingbrief2-8-05.pdf
Find out how in Assistive Technology Training for Providers & Families of Children in Early Intervention, courtesy of Tots ‘n Tech Research Institute (TnT). And while you’re there, you may want to read Evidence Based Practice in Assistive Technology, available online at:
https://asu.edu/clas/tnt/appendix/EBPBrieffinal9-28-04.pdf

• Diversity on your staff, diversity in the families you serve.
www.fpg.unc.edu/~walkingthewalk/pdfs/WTW_guide.pdf
Walking the Walk: A Guide to Diversity Resources for Trainers is an annotated listing of high quality videotapes, books, curricula, and other materials that can be used to assist in growing a more diverse and better prepared workforce to serve infants, toddlers, children and families who are culturally and linguistically diverse.

• Hook up with others in your shoes at the Early Childhood Education online.
www.umaine.edu/eceol/
The Early Childhood Education On Line Web site exists to promote and facilitate information management and exchange, and to serve as a resource and benefit for all children, their families, and all people who help them grow and learn. There, you’ll find a listserv, a Treasure Hunt that functions as a Internet training exercise for Early Childhood educators, and a host of resources and connections across the spectrum of early childhood work.

• And here’s another community online.
www.atsweb.neu.edu/cp/ei/index.html
The Global Early Intervention Network (GEIN) is an online informational resource and discussion community. It’s dedicated to helping parents, service providers, students, faculty and others learn more about early intervention.

• Wanna join OSEP’s Community of Practice for “Settings Part C Community?”
www.tacommunities.org/ev_en.php?ID=1029_201&ID2=DO_COMMUNITY
The Office of Special Education Programs (OSEP) has formed several communities of practice (CoP) to improve implementation of IDEA. This one focuses on Part C settings. The welcome screen says, “Enhancing Services in Natural Environments/ Part C Settings: PEOPLE– CONVERSATIONS– CONTENT– GET INVOLVED!”

• Designing an effective TA system to pass the word through your network.
www.nectac.org/pubs/titlelist.asp#design
NECTAC offers a three-part workbook that’s intended to serve as a planning resource for state officials to help them think strategically about their technical assistance (TA) systems—how to design it, how to use it to improve capacity throughout the system. For the small cost of $5.00…read what you’ll get at the link above.

• Staff development, as a stand-alone topic.
www.nichcy.org/enews/foundations/stafftraining.asp
Visit NICHCY’s eNews Foundations page on “Effective Practices and Resources in Staff Development” for an indepth exploration of this critical topic.

• Dealing with specific disabilities.
While professional practice guidelines are generally available within the individual professional disciplines (e.g., speech-language pathology, mobility and orientation, hearing habilitation), here are some resources you might find useful for working with children (or parents) who have specific disabilities.

o Cerebral palsy.
www.ucp.org/ucp_generalsub.cfm/1/4/24
The UCP Research and Educational Foundation produces Research Fact Sheets to inform professionals and the public about recent research findings, about the cause, diagnosis, and treatment of cerebral palsy and related developmental disabilities.
o Down syndrome.
www.altonweb.com/cs/downsyndrome/index.htm?page=eieffective.html
The link above will take you to one chapter online from a 1997 Paul H. Brookes book about the effectiveness of early intervention. This chapter focuses on the effectiveness of EI with children who have Down syndrome and describes in detail a number of interventions and their impact upon cognitive development, language and communication, parent-child interactions, and motor and physical development.
o Down syndrome and speech-language treatment.
www.ds-health.com/speech.htm
Here’s another chapter from a 1998 book, this one called Down Syndrome: A Promising Future, Together, which appears online with permission of Wiley-Liss, Inc., a subsidiary of John Wiley & Sons, Inc. Title of the chapter? “Comprehensive Speech and Language Treatment for Infants, Toddlers, and Children with Down Syndrome.” More articles can be accessed via the home page (www.ds-health.com/), including “Why Physical Therapy?” and “Occupational Therapy and DS.”
o Epilepsy.
https://professionals.epilepsy.com/homepage/index.html
The epilepsy.com/professionals Resource Library is an online epilepsy resource offering a comprehensive library of materials available for download that will help healthcare professionals better help those living with epilepsy. Find articles such as “Giving Medicine to Infants and Toddlers,” “Classification of Epilepsies & Epilepsy Syndromes,” and “First Aid for Seizures.”
o Fragile X syndrome.
www.fpg.unc.edu/~ncedl/PDFs/ED8_2.pdf
Summer 2004, Volume 8, #2, of Early Developments, from the National Center for Early Development & Learning at the FPG Child Development Institute.
o Hearing impairments: Online training for EI professionals.
https://center.uncg.edu/index.asp
CENTe-R stands for Collaborative Early Intervention National Training e-Resource. CENTe-R’s mission is to inform and support graduate-level professionals serving families with infants and toddlers who are deaf/hard of hearing through web-based training that embraces transdisciplinary approaches and connections among ongoing learners.
o Motor skill impairments and interventions.
www.clas.uiuc.edu/techreport/tech1.html
“Culturally and Linguistically Sensitive Practices in Motor Skills Intervention for Young Children,” from CLAS.
o Visual impairment: Training modules online.
https://www.fpg.unc.edu/~edin/
The Early Intervention Training Center for Infants and Toddlers with Visual Impairments offers multimedia training modules that provide the basic knowledge and skills required to work with young children with visual impairments. Training modules at present include the following topics: Family-Centered Practices; Visual Conditions and Functional Vision: Early Intervention Issues; Communication and Emergent Literacy; Developmentally Appropriate Orientation and Mobility; and Assessment.
o Visual impairment.
https://ericec.org/digests/e636.html
The title of this online article speaks for itself—“Infants and Toddlers with Visual Impairments: Suggestions for Early Interventionists.”
o More on visual impairment.
www.clas.uiuc.edu/techreport/tech7.html
From CLAS, “Visual Impairment In Young Children: A Review Of The Literature With Implications For Working With Families Of Diverse Cultural And Linguistic Backgrounds.”
o For more on specific disabilities, don’t forget NICHCY’s info.
We didn’t mention the disability you’re concerned with? We DID mention it, but you need more? Try these two places on NICHCY’s site, which will help you identify organizations on specific disabilities who offer indepth knowledge about the disability in question.
Disability fact sheets.
www.nichcy.org/disabinf.asp

“Search for Info” page.
www.nichcy.org/search.htm
o Still looking for info?
www.brookespublishing.com/dictionary/index.htm
Try Paul H. Brookes Publishing’s online and searchable dictionary of disabilities. Enter your search term and get back definitions of disabilities, related disability organizations, medical terms, and more.
Materials from Commercial Publishers
Depending on your needs, you may wish to visit the Web sites of commercial publishers, who offer a very useful range of materials helpful in early intervention, including recommended practices for working with children with specific disabilities, DVDs, training guides, and much more. We’ve listed some of the “biggies” below to get you started. More are listed in NICHCY’s Connections…to Disability

Publishers.

• Paul H. Brookes Publishing.
www.brookespublishing.com/store/earlyintervention.htm

• Council for Exceptional Children (CEC).
www.cec.sped.org/bk/catalog2/early_child.html

• Pro-Ed, Inc.
www.proedinc.com/store/index.php?mode=subcategories
Scroll down to “Early Development and Intervention” and find books, materials, and tests.

• Sopris West.
www.sopriswest.com/

• Woodbine House.
www.woodbinehouse.com

• Thomson Delmar Learning.
www.delmarlearning.com

• Institute for Family-Centered Care.
www.familycenteredcare.org

• Love Publishing.
www.lovepublishing.com/
Just click on “special education” at this publisher’s Web site to find a categorical list of special-needs resources, including early intervention resources.

• Sensory Resources.
www.sensoryresources.com/

• Teaching Strategies.
www.teachingstrategies.com/
 
 
 

To top

IDEA–Reauthorized Statute


EARLY INTERVENING SERVICES

This section addresses the changes to the IDEA provisions regarding early intervening services that took effect on July 1, 2005.  It does not address any changes that may be made by the final regulations.

IDEA 2004:

1.  Adds “early intervening services” to the statute under local education agency (LEA) eligibility.

An LEA may not use more than 15 percent of the amount it receives under IDEA Part B for any fiscal year, less any amount reduced by the agency pursuant to Section 613(a)(2)(C), if any, in combination with other amounts (which may include amounts other than education funds), to develop and implement coordinated, early intervening services, which may include interagency financing structures, for students in kindergarten through grade 12 (with a particular emphasis on students in kindergarten through grade three) who have not been identified as needing special education or related services but who need additional academic and behavioral support to succeed in a general education environment.  [613(f)(1)]

Allows activities in implementing coordinated, early intervening services by LEAs.

  • Professional development (which may be provided by entities other than LEAs) for teachers and other school staff to enable such personnel to deliver scientifically based academic instruction and behavioral interventions, including scientifically based literacy instruction, and, where appropriate, instruction on the use of adaptive and instructional software; and
  • Providing educational and behavioral evaluations, services, and supports, including scientifically based literacy instruction.
    [613(f)(2)]

2.  Clarifies the relationship between free appropriate public education (FAPE) and early intervening services.

Nothing in Section 613(f) shall be construed to limit or create a right to FAPE under Part B.  [613(f)(3)]

3.  Establishes reporting requirements.

Each LEA that develops and maintains coordinated, early intervening services under Section 613(f) shall annually report to the state education agency (SEA) on:

  • The number of students served under Section 613(f); and
  • The number of students served under Section 613(f) who subsequently receive special education and related services under IDEA during the preceding two-year period.
    [613(f)(4)]

4.  Establishes coordination with the Elementary and Secondary Education Act (ESEA) of 1965.2

Funds made available to carry out Section 613(f) may be used to carry out coordinated, early intervening services aligned with activities funded by, and carried out under, ESEA if such funds are used to supplement, and not supplant, funds made available under ESEA for the activities and services assisted under Section 613(f).  [613(f)(5)]

5.  Permits the use of funds for early intervening services.

Notwithstanding Section 613(a)(2)(A) or Section 612(a)(17)(B) (relating to commingled funds), funds provided to the LEA under Part B may be used to develop and implement coordinated, early intervening educational services in accordance with Section 613(f).  [613(a)(4)(A)(ii)]

6.  Requires early intervening services in the case of significant disproportionality.

In the case of a determination of significant disproportionality with respect to the identification of children as children with disabilities, or the placement in particular educational settings of such children, in accordance with Section 618(d)(1), the state or the secretary of the interior, as the case may be, shall require any LEA identified under Section 618(d)(1) to reserve the maximum amount of funds under Section 613(f) to provide comprehensive coordinated early intervening services to serve children in the LEA, particularly children in those groups that were significantly overidentified under Section 618(d)(1).  [618(d)(2)(B)]

To top

IDEA–Reauthorized Statute


PROCEDURAL SAFEGUARDS:
DUE PROCESS HEARINGS

This section addresses the changes to the IDEA provisions regarding procedural safeguards related to due process hearings that took effect on July 1, 2005.  It does not address any changes that may be made by the final regulations.

IDEA 2004:

1.  Replicates current regulations regarding who may request a due process hearing.

Either the parent or the public agency may request an impartial due process hearing conducted by the state education agency (SEA) or local education agency (LEA), as determined by state law or the SEA, with respect to any matter relating to the identification, evaluation or educational placement of the child, or the provision of a free appropriate public education (FAPE) to such child.  [615(b)(6)(A), (f)(1)(A); 34 CFR 300.507(a)(1)]

2.  Specifies the timeline for requesting a due process hearing.


The procedures required by Section 615 shall include … an opportunity for any party to request a due process hearing regarding an alleged violation that occurred not more than two years before the date the parent or public agency knew or should have known about the alleged action that forms the basis of the request for a due process hearing, or, if the state has an explicit time limitation for presenting such a request under Part B, in such time as the state law allows, except that the exceptions to the timeline described in Section 615(f)(3)(D) shall apply….  [615(b)(6)(B)]

A parent or agency shall request an impartial due process hearing within two years of the date the parent or agency knew or should have known about the alleged action that forms the basis of the request for a due process hearing, or, if the state has an explicit time limitation for requesting such a hearing under Part B, in such time as the state law allows.  [615(f)(3)(C)]

The timeline described in Section 615(f)(3)(C) shall not apply to a parent if the parent was prevented from requesting the hearing due to:

  • Specific misrepresentations by the local education agency (LEA) that it had resolved the problem forming the basis of the request for a due process hearing; or
  • The LEA’s withholding of information from the parent that was required under Part B to be provided to the parent.
    [615(f)(3)(D)]

3.  Requires either party to provide notice to the other party.

The procedures required by Section 615 shall include … procedures that require either party, or the attorney representing a party, to provide a request for a due process hearing notice in accordance with Section 615(c)(2) (which shall remain confidential) to the other party in the request for a due process hearing filed under Section 615(b)(6), and forward a copy of such notice to the state education agency (SEA); and that shall include:

  • The name of the child, the address of the residence of the child (or available contact information in the case of a homeless child) and the name of the school the child is attending;
  • In the case of a homeless child or youth (within the meaning of Section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)), available contact information for the child and the name of the school the child is attending;
  • A description of the nature of the problem of the child relating to such proposed initiation or change, including facts relating to such problem; and
  • A proposed resolution of the problem to the extent known and available to the party at the time.
    [615(b)(7)(A)]

The procedures required by Section 615 must include … a requirement that a party may not have a due process hearing until the party, or the attorney representing the party, files a notice that meets the requirements of Section 615(b)(7)(A)(ii).  [615(b)(7)(B)]

The request for a due process hearing notice required under Section 615(b)(7)(A) shall be deemed to be sufficient unless the party receiving the notice notifies the hearing officer and the other party, in writing, that the receiving party believes the notice has not met the requirements of Section 615(b)(7)(A).  [615(c)(2)(A)]

4.  Specifies timelines for actions related to a request for a due process hearing.

If the LEA has not sent a prior written notice to the parent regarding the subject matter contained in the parent’s request for a due process hearing, such LEA shall, within 10 days of receiving the request for a due process hearing, send to the parent a response that shall include:

  • An explanation of why the agency proposed or refused to take the action raised in the request for a due process hearing;
  • A description of other options that the individualized education program (IEP) team considered and the reasons why those options were rejected;
    A description of each evaluation procedure, assessment, record or report the agency used as the basis for the proposed or refused action; and
  • A description of the factors that are relevant to the agency’s proposal or refusal.
    [615(c)(2)(B)(i)(I)]

A response filed by an LEA pursuant to Section 615(c)(2)(B)(i)(I) shall not be construed to preclude such LEA from asserting that the parent’s request for a due process hearing notice was insufficient when appropriate.  [615(c)(2)(B)(i)(II)]

Except as provided in Section 615(c)(2)(B)(i), the non-complaining party shall, within 10 days of receiving the notice of request for a due process hearing, send to the other party a response that specifically addresses the issues raised in the request for a due process hearing.  [615(c)(2)(B)(ii)]

The party providing a hearing officer notification under Section 615(c)(2)(A) shall provide the notification within 15 days of receiving the request for a due process hearing.  [615(c)(2)(C)]

Within five days of receipt of the notification provided under Section 615(c)(2)(C), the hearing officer shall make a determination on the face of the notice of whether it meets the requirements of Section 615(b)(7)(A), and shall immediately notify the parties in writing of such determination.  [615(c)(2)(D)]

A party may amend its request for a due process hearing notice only if:

  • The other party consents in writing to such amendment and is given the opportunity to resolve the complaint through a meeting held pursuant to Section 615(f)(1)(B) (resolution session); or 
  • The hearing officer grants permission, except that the hearing officer may only grant such permission at any time not later than five days before a due process hearing occurs.

The applicable timeline for a due process hearing under this part shall recommence at the time the party files an amended notice, including the timeline under Section 615(f)(1)(B).  [615(c)(2)(E)]

5.  Adds provisions regarding hearing officers.

A hearing officer conducting a hearing pursuant to Section 615(f)(1)(A) shall, at a minimum:

  • Not be an employee of the SEA or the LEA involved in the education or care of the child, or a person having a personal or professional interest that conflicts with the person’s objectivity in the hearing;
  • Possess knowledge of, and the ability to understand, the provisions of IDEA; federal and state regulations pertaining to IDEA; and legal interpretations of IDEA by federal and state courts;
  • Possess the knowledge and ability to conduct hearings in accordance with appropriate, standard legal practice; and
  • Possess the knowledge and ability to render and write decisions in accordance with appropriate, standard legal practice.
    [615(f)(3)(A)]

6.  Sets guidelines for issues raised at a due process hearing.

The party requesting the due process hearing shall not be allowed to raise issues at the due process hearing that were not raised in the notice filed under Section 615(b)(7), unless the other party agrees otherwise.  [615(f)(3)(B)]

7.  Specifies parameters for hearing officer decisions.

Subject to Section 615(f)(3)(E)(ii), a decision made by a hearing officer shall be made on substantive grounds based on a determination of whether the child received a free appropriate public education (FAPE).  [615(f)(3)(E)(i)]

In matters alleging a procedural violation, a hearing officer may find that a child did not receive FAPE only if the procedural inadequacies:

  • Impeded the child’s right to FAPE;
  • Significantly impeded the parents’ opportunity to participate in the decision-making process regarding the provision of FAPE to the parents’ child; or
  • Caused a deprivation of educational benefits.
    [615(f)(3)(E)(ii)]

Rule of construction—Nothing in Section 615(f)(3)(E) shall be construed to preclude a hearing officer from ordering an LEA to comply with procedural requirements under Section 615.  [615(f)(3)(E)(iii)]

Rule of construction—Nothing in Section 615(f)(3)(E) shall be construed to affect the right of a parent to file a complaint with the SEA.  [615(f)(3)(F)]

8.  Specifies a timeline for bringing a civil action.

The party bringing the civil action shall have 90 days from the date of the decision of the hearing officer to bring such an action or, if the state has an explicit time limitation for bringing such action under Part B, in such time as the state law allows.  [615(i)(2)(B)]

9.  Adds provisions regarding the awarding of attorneys’ fees.

In any action or proceeding brought under this section, the court, in its discretion, may award reasonable attorneys’ fees as part of the costs:

  • To a prevailing party who is an SEA or an LEA against the attorney of a parent who files a request for a due process hearing or subsequent cause of action that is frivolous, unreasonable, or without foundation, or against the attorney of a parent who continued to litigate after the litigation clearly became frivolous, unreasonable, or without foundation; or
  • To a prevailing SEA or LEA against the attorney of a parent, or against the parent, if the parent’s request for a due process hearing or subsequent cause of action was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cost of litigation.
    [615(i)(3)(B)(i)(II)-(III)]

10.  Clarifies that parents may file separate due process requests on additional issues.

Nothing in Section 615 shall be construed to preclude a parent from filing a separate request for a due process hearing on an issue separate from a request for a due process hearing already filed.   [615(o)]

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IDEA–Reauthorized Statute


DISPROPORTIONALITY AND OVERIDENTIFICATION

This section addresses the changes to the IDEA provisions regarding disproportionality and overidentification that took effect on July 1, 2005.  It does not address any changes that may be made by the final regulations.

IDEA 2004:

1.  Requires policies and procedures.

The state has in effect, consistent with the purposes of IDEA and with Section 618(d), policies and procedures designed to prevent the inappropriate overidentification or disproportionate representation by race and ethnicity of children as children with disabilities, including children with disabilities with a particular impairment described in Section 602(3).  [612(a)(24)]

2.  Requires collection and examination of data regarding disproportionality.

Each state that receives assistance under IDEA, and the secretary of the interior, shall provide for the collection and examination of data to determine if significant disproportionality based on race and ethnicity is occurring in the state and the local education agencies (LEAs) in the state with respect to:

  • The identification of children as children with disabilities, including the identification of children as children with disabilities in accordance with a particular impairment as described in Section 602(3);
  • The placement in particular educational settings of such children; and
  • The incidence, duration, and type of disciplinary actions, including suspensions and expulsions.
    [618(d)(1)]

3.  Establishes requirements when reviewing policies and procedures.

In the case of a determination of significant disproportionality with respect to the identification of children as children with disabilities, or the placement in particular educational settings of such children … the state, or the secretary of the interior, as the case may be, shall:

  • Provide for the review and, if appropriate, revision of the policies, procedures, and practices used in such identification or placement to ensure that such policies, procedures, and practices comply with the requirements of IDEA;
  • Require any LEA identified under Section 618(d)(1) to reserve the maximum amount of funds under Section 613(f) to provide comprehensive coordinated early intervening services to serve children in the LEA, particularly children in those groups that were significantly overidentified under Section 618(d)(1); and
  • Require the LEA to publicly report on the revision of policies, practices, and procedures described under Section 618(d)(1)(A).
    [618(d)(2)]

4.  Authorizes technical assistance, demonstration projects, dissemination of information, and implementation of scientifically based research.

Activities that may be carried out under Section 663 include activities to improve services provided under IDEA, including the practices of professionals and others involved in providing such services to children with disabilities, that promote academic achievement and improve results for children with disabilities through… demonstrating models of personnel preparation to ensure appropriate placements and services for all students, and to reduce disproportionality in eligibility, placement, and disciplinary actions for minority and limited English proficient children and disseminating information on how to reduce inappropriate racial and ethnic disproportionalities identified under Section 618.  [663(c)(9)-(10)]

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IDEA–Reauthorized Statute


STATEWIDE AND DISTRICTWIDE ASSESSMENTS

This section addresses the changes to the IDEA provisions regarding statewide and districtwide assessments that took effect on July 1, 2005.  It does not address any changes that may be made by the final regulations.

IDEA 2004:

1.  Removes the IDEA’s reference to “modifications in administration” regarding the assessment of children’s academic achievement and functional performance.

An individualized education program (IEP) must include a statement of any “appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child,” rather than a statement of individual modifications in the administration of state or districtwide student assessments.  [612(d)(1)(A)(VI)(aa) of IDEA]

2.  Adds a reference to No Child Left Behind (NCLB).

All children with disabilities are included in all general state and districtwide assessment programs, including assessments described under Section 1111 of the Elementary and Secondary Education Act (ESEA) of 1965,2 with appropriate accommodations and alternate assessments where necessary and as indicated in their respective individualized education programs (IEPs).   [612(a)(16)(A) of IDEA]

3.  Adds specific requirements for state guidelines regarding alternate assessments.

State (or, in the case of a districtwide assessment, the local education agency (LEA)) guidelines developed and implemented under Section 612(a)(16)(c)(i) of IDEA must provide for alternate assessments that:

  • Are aligned with the state’s challenging academic content standards and challenging student academic achievement standards; and
  • If the state has adopted alternate academic achievement standards permitted under the regulations promulgated to carry out Section 1111(b)(1) of the ESEA, measure the achievement of children with disabilities against those standards.

The state conducts the alternate assessments described above.  [612(a)(16)(C)(ii), (iii) of IDEA]

4.  Expands requirements for reporting.

The state education agency (SEA) (or, in the case of a districtwide assessment, the LEA) makes available to the public and reports to the public with the same frequency and in the same detail as it reports on the assessment of nondisabled children, the following:

  • The numbers of children with disabilities participating in regular assessments, and the number of those children who were provided accommodations in order to participate in those assessments; 
  • The number of children with disabilities participating in alternate assessments that are aligned with the state’s challenging academic content standards and challenging student academic achievement standards; and the number of children with disabilities participating in alternate assessments aligned with alternate achievement standards; and
  • The performance of children with disabilities on regular assessments and on alternate assessments (if the number of children with disabilities participating in those assessments is sufficient to yield statistically reliable information and reporting that information will not reveal personally identifiable information about an individual student), compared with the achievement of all children, including children with disabilities, on those assessments.
    [612(a)(16)(D) of IDEA]

5.  Includes changes to the individualized education program (IEP).

The IEP must include the following:

  • For children with disabilities who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives (within the required statement of a child’s present levels of academic achievement and functional performance);
  • A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on state and districtwide assessments consistent with Section 612(a)(16)(A) of IDEA; and
  • If the IEP team determines that the child shall take an alternate assessment on a particular state or districtwide assessment of student achievement, a statement of why the child cannot participate in the regular assessment, and the particular alternate assessment selected is appropriate for the child.
    [614(d)(1)(A)(i)(I)(cc), (VI)(aa)-(bb) of IDEA]

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IDEA – Reauthorized Statute


SECONDARY TRANSITION

This document addresses only the changes to the IDEA provisions regarding secondary transition that took effect on July 1, 2005.  It does not address any changes that may be made by the final regulations.

IDEA 2004:

1.  Adds “further education” of children with disabilities to the IDEA’s purposes.

The purpose of IDEA is to ensure that all children with disabilities have available to them a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment and independent living.  [601(d)(1)(A)]

2.  Changes language from the term “transition services” now refers to a “child” instead of a “student,”

The definition of “transition services” is changed to refer to a “child,” rather than a “student,” with a disability.  [602(34)]

3.  Changes the definition of “transition services.”

The term “transition services” means a coordinated set of activities for a child with a disability that:

  • Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including postsecondary education; vocational education; integrated employment (including supported employment); continuing and adult education; adult services; independent living or community participation;
  • Is based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and
  • Includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives and, when appropriate, acquisition of daily living skills and functional vocational evaluation.
    [602(34)]

4.  Requires changes to performance goals and indicators.

The state has established goals for the performance of children with disabilities in the state that … address graduation rates and dropout rates, as well as such other factors as the state may determine.  [612(a)(15)(A)(iii)]

5.  Exception to requirements for evaluation before a change in eligibility.

The evaluation described in Section 612(c)(5)(A) shall not be required before the termination of a child’s eligibility under Part B due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for FAPE under state law.  [614(c)(5)(B)(i)

For a child whose eligibility under Part B terminates under circumstances described above, an LEA shall provide the child with a summary of the child’s academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child’s postsecondary goals.  [614(c)(5)(B)(ii)]

6.  Changes the secondary transition requirements in the individualized education program (IEP).

Beginning not later than the first IEP to be in effect when the child is 16 and updated annually thereafter, the IEP must include:

  • Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment and, where appropriate, independent living skills; 
  • The transition services (including courses of study) needed to assist the child in reaching those goals; and
  • Beginning not later than one year before the child reaches the age of majority under state law, a statement that the child has been informed of the child’s rights under IDEA, if any, that will transfer to the child on reaching the age of majority under Section 615(m).
    [614(d)(1)(A)(VIII)]

7.  Adds a rule of construction.

Nothing in Section 614 shall be construed to require (1) that additional information be included in a child’s IEP beyond what is explicitly required in Section 614; and (2) the IEP team to include information under one component of a child’s IEP that is already contained under another component of such IEP.  [614(d)(1)(A)(ii)]
 

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IDEA–Reauthorized Statute

PROCEDURAL SAFEGUARDS:

SURROGATES, NOTICE AND CONSENT

This document addresses the changes to IDEA provisions regarding procedural safeguards related to notice to parents, surrogate parents and parental consent that took effect on July 1, 2005.  It does not address any changes that may be made by the final regulations.

IDEA 2004:

1.  Adds to the procedures for the appointment of a surrogate parent.

In the case of a child who is a ward of the state, a surrogate parent may alternatively be appointed by the judge overseeing the child’s care, provided that the surrogate meets the requirements of Section 615(b)(2).  [615(b)(2)(A)(i)]

In the case of an unaccompanied homeless youth as defined in Section 725(6) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(6)), the local education agency (LEA) shall appoint a surrogate in accordance with Section 615(b)(2).  [615(b)(2)(A)(ii)]

The state shall make reasonable efforts to ensure the assignment of a surrogate not more than 30 days after there is a determination by the agency that the child needs a surrogate.  [615(b)(2)(B)]

2.  Revises requirements regarding the provision of procedural safeguards notices to parents.

A copy of the procedural safeguards available to the parents of a child with a disability shall be given to the parents only one time a year, except that a copy also shall be given to the parents:

  • Upon initial referral or parental request for evaluation; 
  • Upon the first occurrence of the filing of a complaint under Section 615(b)(6); and
  • Upon request by a parent.

An LEA may place a current copy of the procedural safeguards notice on its Internet Web site if such Web site exists.  [615(d)(1)]

3.  Adds to required notice content, requirements for due process hearing requests and civil actions.

The procedural safeguards notice shall include a full explanation of the procedural safeguards…relating to…

• The opportunity to present and resolve complaints, including:
       o The time period in which to make a complaint;
       o The opportunity for the agency to resolve the complaint;
       o The availability of mediation; and
• Civil actions, including the time period in which to file such actions.
[615(d)(2)(E), (K)] 

4.  Allows a new method of providing notices required under Section 615.

A parent of a child with a disability may elect to receive notices required under Section 615 by an electronic mail (e-mail) communication, if the agency makes such option available.  [615(n)]

5.  Specifies that LEAs may not use Section 615 remedies to obtain consent for services.

If the parent of a child for whom an agency is seeking consent to provide special education and related services refuses to consent to services under Section 614(a)(1)(D)(i)(II), the LEA shall not provide special education and related services to the child by utilizing the procedures described in Section 615.  [614(a)(1)(D)(ii)(II)]

If the parent of such child refuses to consent to the receipt of special education and related services, or if the parent fails to respond to a request to provide such consent:

  • The LEA shall not be considered to be in violation of the requirement to make available a free appropriate public education (FAPE) to the child for the failure to provide such child with the special education and related services for which the LEA requests such consent; and 
  • The LEA shall not be required to convene an individualized education program (IEP) meeting or develop an IEP under this section for the child for the special education and related services for which the LEA requests such consent.
    [614(a)(1)(D)(ii)(III)]

6.  Mandates consent for wards of the state.

If the child is a ward of the state (See Section 602(36)) and is not residing with the child’s parent, the agency shall make reasonable efforts to obtain the informed consent from the parent (as defined in Section 602) of the child for an initial evaluation to determine whether the child is a child with a disability.  The agency shall not be required to obtain informed consent from the parent of a child for an initial evaluation to determine whether the child is a child with a disability if:

  • Despite reasonable efforts to do so, the agency cannot discover the whereabouts of the parent of the child; 
  • The rights of the parents of the child have been terminated in accordance with state law; or
  • The rights of the parent to make educational decisions have been subrogated by a judge in accordance with state law, and consent for an initial evaluation has been given by an individual appointed by the judge to represent the child.
    [614(a)(1)(D)(iii)]

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IDEA–Reauthorized Statute-

CHILDREN ENROLLED BY THEIR

 PARENTS  IN PRIVATE SCHOOLS

This section addresses the changes to the IDEA provisions regarding children with disabilities enrolled by their parents in private schools that took effect on July 1, 2005.  It does not address any changes that may be made by the final regulations.

IDEA 2004:

1.  Defines the manner in which services are provided to children enrolled in private schools.

To the extent consistent with the number and location of children with disabilities in the state who are enrolled by their parents in private elementary schools and secondary schools in the school district served by a local education agency (LEA), provision is made for the participation of those children in the program assisted or carried out under the requirements of Part B by providing for such children special education and related services in accordance with Section 612(a)(10) unless the secretary has arranged for services to those children under Section 612(f).  [612(a)(10)(A)(i)]

2.  State and local funds must supplement and not supplant proportionate amount.

State and local funds may supplement and in no case shall supplant the proportionate amount of federal funds required to be expended under Section 612(a)(10)(A).  [612(a)(10)(A)(i)(IV)]

3.  Requires maintenance of records on number of children evaluated and number found eligible as part of child find.

Each LEA shall maintain in its records and provide to the SEA the number of children evaluated under Section 612(a)(10)(A), the number of children determined to be children with disabilities, and the number of children served under Section 612(a)(10)(A).  [612(a)(10)(A)(i)(V)]

4.  Adds requirements for the provision of services to this population.

The provision of services pursuant to Section 612(a)(10) shall be provided by employees of a public agency; or through contract by the public agency with an individual, association, agency, organization, or other entity.  [612(a)(10)(A)(vi)]

5.  Adds requirements for control of funds and property.

The control of funds used to provide special education and related services under Section 612(a)(10), and title to materials, equipment, and property purchased with those funds, shall be in a public agency for the uses and purposes provided in IDEA, and a public agency shall administer the funds and the property.  [612(a)(10)(A)(vii)]

Child Find:

6.  Requires child find in private schools.

In calculating the proportionate amount of federal funds, the LEA, after timely and meaningful consultation with representatives of private schools as described in Section 612(a)(10)(A)(iii), shall conduct a thorough and complete child find process to determine the number of parentally placed children with disabilities attending private schools located in the LEA.  [612(a)(10)(A)(i)(II)]

7.  Equitable participation.

The child find process shall be designed to ensure the equitable participation of parentally placed private school children with disabilities and an accurate count of such children.  [612(a)(10)(A)(ii)(II)]

8.  Activities.

In carrying out Section 612(a)(10)(A)(ii) [child find requirements], the LEA, or where applicable, the state education agency (SEA), shall undertake activities similar to those activities undertaken for the agency’s public school children.  [612(a)(10)(A)(ii)(III)]

9.  Cost.

The cost of carrying out Section 612(a)(10)(A)(ii) [child find requirements], including individual evaluations, may not be considered in determining whether an LEA has met its obligations under Section 612(a)(10)(A)(i).  [612(a)(10)(A)(ii)(IV)]

10.  Completion period.

Such child find process shall be completed in a time period comparable to that for other students attending public schools in the LEA.  [612(a)(10)(A)(ii)(V)]

Consultation:

11.  Adds additional consultation requirements.

To ensure timely and meaningful consultation, an LEA, or where appropriate, an SEA, shall consult with private school representatives and representatives of parents of parentally placed private school children with disabilities during the design and development of special education and related services for the children, including regarding:

  • The child find process and how parentally placed private school children suspected of having a disability can participate equitably, including how parents, teachers, and private school officials will be informed of the process;
  • The determination of the proportionate amount of federal funds available to serve parentally placed private school children with the disabilities under Section 612(a)(10), including the determination of how the amount was calculated;
  • The consultation process among the LEA, private school officials, and representatives of parents of parentally placed private school children with disabilities, including how such process will operate throughout the school year to ensure that parentally placed private school children with disabilities identified through the child find process can meaningfully participate in special education and related services; 
  • How, where, and by whom special education and related services will be provided for parentally placed private school children with disabilities, including a discussion of types of services, including direct services and alternate service delivery mechanisms, how such services will be apportioned if funds are insufficient to serve all children, and how and when these decisions will be made; and 
  • How, if the LEA disagrees with the views of the private school officials on the provision of services or the types of services, whether provided directly or through a contract, the LEA shall provide to the private school officials a written explanation of the reasons why the LEA chose not to provide services directly or through a contract.
    [612(a)(10)(A)(iii)]

12.  Requires written affirmation.

When timely and meaningful consultation as required by Section 612(a)(10)(A)(iii) has occurred, the LEA shall obtain a written affirmation signed by the representatives of participating private schools, and if such representatives do not provide such affirmation within a reasonable period of time, the LEA shall forward the documentation of the consultation process to the SEA.  [612(a)(10)(A)(iv)]

13.  Provides a right to complain to the SEA and appeal to the secretary.

A private school official shall have the right to submit a complaint to the SEA that the LEA did not engage in consultation that was meaningful and timely, or did not give due consideration to the views of the private school official.  [612(a)(10)(A)(v)(I)]

If the private school official wishes to submit a complaint, the official shall provide the basis of the noncompliance with Section 612(a)(10)(A)(iii) by the LEA to the SEA, and the LEA shall forward the appropriate documentation to the SEA.  If the private school official is dissatisfied with the decision of the SEA, such official may submit a complaint to the secretary by providing the basis of the noncompliance with Section 612(a)(10)(A)(iii) by the LEA to the secretary, and the SEA shall forward the appropriate documentation to the secretary.  [612(a)(10)(A)(v)(II)]

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IDEA–Reauthorized Statute


PART C OPTION: AGE 3 TO KINDERGARTEN AGE

This section addresses the changes to the IDEA provisions regarding the Part C option to make Part C services available to children after age 3 that became effective on July 1, 2005.  It does not address any changes that may be made by the final regulations.

IDEA 2004:

1.  Allows flexibility to make Part C services available to children from age 3 until eligible to enter kindergarten or elementary school.

A statewide system described in Section 633 may include a state policy, developed and implemented jointly by the lead agency and the state education agency (SEA), under which parents of children with disabilities who are eligible for services under Section 619, and previously received services under Part C, may choose the continuation of early intervention services (which shall include an educational component that promotes school readiness and incorporates preliteracy, language and numeracy skills) for such children under Part C until such children enter, or are eligible under state law to enter, kindergarten.  [635(c)(1)]

2.  Expands the definition of “infants and toddlers.”

The term “infant or toddler with a disability” may also include, at a state’s discretion, … children with disabilities who are eligible for services under Section 619 and who previously received services under Part C until such children enter, or are eligible under state law to enter, kindergarten or elementary school, as appropriate, provided that any programs under Part C serving such children shall include:

  • An educational component that promotes school readiness and incorporates preliteracy, language, and numeracy skills; and
  • A written notification to parents of their rights and responsibilities in determining whether their child will continue to receive services under Part C or participate in preschool programs under Section 619.
    [632(5)(B)(ii)]

3.  Adds requirements in implementing this option.

If a statewide system includes the option under Section 635(c)(1), the statewide system shall ensure that:

  • Parents of children with disabilities served pursuant to Section 635(c) are provided annual notice that contains:
  • A description of the rights of such parents to elect to receive early     intervention services pursuant to Section 635(c) or under Part B; and
  • An explanation of the differences between services provided pursuant to Section 635(c) and services provided under Part B, including:  (1) types of services and the locations at which the services are provided; (2) applicable procedural safeguards; and (3) possible costs (including any fees to be charged to families as described in Section 632(4)(B)), if any, to parents of infants or toddlers with disabilities;
  • Services provided pursuant to Section 635(c) include an educational component that promotes school readiness and incorporates preliteracy, language and numeracy skills;
  • The state policy will not affect the right of any child served pursuant to Section 635(c) to instead receive a free appropriate public education (FAPE) under Part B;
  • All early intervention services outlined in the child’s individualized family service plan (IFSP) under Section 636 are continued while any eligibility determination is being made for services under Section 635(c);
  • The parents of infants or toddlers with disabilities (as defined in Section 632(5)(A)) provide informed written consent to the state, before such infants or toddlers reach 3 years of age, as to whether such parents intend to choose the continuation of early intervention services pursuant to Section 635(c) for such infants or toddlers;
  • The requirements under Section 637(a)(9) shall not apply with respect to a child who is receiving services in accordance with Section 635(c) until not less than 90 days (and at the discretion of the parties to the conference, not more than nine months) before the time the child will no longer receive those services; and
  • There will be a referral for evaluation for early intervention services of a child who experiences a substantiated case of trauma due to exposure to family violence (as defined in Section 320 of the Family Violence Prevention and Services Act).
    [635(c)(2)]

4.  Adds a reporting requirement.

If a statewide system includes the option under Section 635(c)(1), the state shall submit to the secretary, in the state’s report under Section 637(b)(4)(A), a report on the number and percentage of children with disabilities who are eligible for services under Section 619 but whose parents choose for such children to continue to receive early intervention services under Part C.  635(c)(3)]

5.  Requires identification of funding sources in the state’s policy.

If a statewide system includes the option under Section 635(c)(1), the policy shall describe the funds (including an identification as federal, state or local funds) that will be used to ensure that the option described in Section 635(c)(1) is available to eligible children and families who provide the consent described in Section 635(c)(2)(E), including fees, if any, to be charged to families as described in Section 632(4)(B).  [635(c)(4)]

6.  Creates rules of construction on state flexibility.

If a statewide system includes the option under Section 635(c)(1), a state that provides services in accordance with Section 635(c) to a child with a disability who is eligible for services under Section 619 shall not be required to provide the child with FAPE under Part B for the period of time in which the child is receiving services under Part C.  Nothing in Section 635(c) shall be construed to require a provider of services under Part C to provide a child served under Part C with FAPE.  [635(c)(5)]

A state that provides early intervention services in accordance with Part C to a child who is eligible for services under Section 619, is not required to provide such child with FAPE.  [612(a)(1)(C)]

7.  Allows the use of funds for the Part C option.

In addition to using funds provided under Section 633 to maintain and implement the statewide system required by Section 633, a state may use such funds … with the written consent of the parents, to continue to provide early intervention services under Part C to children with disabilities from their third birthday until such children enter, or are eligible under state law to enter, kindergarten, in lieu of FAPE provided in accordance with Part B.  [638(4)]

For any fiscal year for which the amount appropriated pursuant to the authorization of appropriations under Section 644 exceeds $460,000,000, the secretary shall reserve 15 percent of such appropriated amount to provide grants to states that are carrying out the policy described in Section 635(c) in order to facilitate the implementation of such policy.  [643(e)(1)]

Each state shall use any funds the state reserves under Section 619(d) (reservation for state activities) and does not use for administration under Section 619(e) (state administration) … to conduct the specific activities authorized under Section 619(f) including: providing early intervention services (which shall include an educational component that promotes school readiness and incorporates preliteracy, language and numeracy skills) in accordance with Part C to children with disabilities who are eligible for services under Section 619 and who previously received services under Part C until such children enter, or are eligible under state law to enter, kindergarten; or at the state’s discretion, to continue service coordination or case management for families who receive services under Part C.  [619(f)(5)-(6)]

Any state eligible to receive a grant under Section 619 may use funds made available under Sections 611(e)(1)(A) (611 funds for state administration), 611(f)(3) (local education agency (LEA) funds available for reallocation) or 619(f)(5) (619 funds for state level activities) to develop and implement a state policy jointly with the lead agency under Part C and the SEA to provide early intervention services (which shall include an educational component that promotes school readiness and incorporates preliteracy, language and numeracy skills) in accordance with Part C to children with disabilities who are eligible for services under Section 619 and who previously received services under Part C, until such children enter, or are eligible under state law to enter, kindergarten, or elementary school as appropriate.  [611(e)(7)]
 

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IDEA–Reauthorized Statute


Part C Amendments in IDEA 2004

This document addresses only the major substantive changes to Part C of IDEA that took effect on July 1, 2005.  It does not address any changes that may be made by the final regulations.

IDEA 2004:

1.  Adds new criteria related to the development of the individualized family service plan (IFSP).

A statewide system described in Section 633 shall include, at a minimum: 

  • A policy that ensures that appropriate early intervention services are based on scientifically based research and are available to all infants and toddlers and their families, including … infants and toddlers with disabilities who are homeless children and their families.
    The IFSP shall be in writing and contain:
  • A statement of specific early intervention services based on peer-reviewed research, to the extent practicable….; 
  • A statement of the measurable results or outcomes … including preliteracy and language skills, as developmentally appropriate for the child; and
  • A description of the appropriate transition services.
    [635(a)(2), 636(a)(3), and 636(d)(3)-(4)]

2.  Adds new Child Find criteria with emphasis on specific subpopulations, including at-risk populations.

Congress finds that there is an urgent and substantial need to enhance the capacity of state and local agencies and service providers to identify, evaluate, and meet the needs of all children, particularly … infants and toddlers with disabilities in foster care.  [631(a)(5)]

In order to be eligible for a grant under Section 633, a state shall provide assurances to the secretary that the state has adopted a policy that appropriate early intervention services are available to all infants and toddlers with disabilities in the state and their families, including … infants and toddlers with disabilities and their families who are homeless and … those who are wards of the state (See Section 602(36)).  [634(1)]

A statewide system described in Section 633 shall include, at a minimum, the following components: … a public awareness program … including the preparation and dissemination by the lead agency… of information to be given to parents, especially to inform parents with premature infants, or infants with other physical risk factors associated with learning or developmental complications, on the availability of early intervention services under Part C and of services under Section 619….  [635(a)(6)]

A state desiring to receive a grant under Section 633 shall submit an application to the secretary.…  The application shall contain: … A description of the state policies and procedures that require the referral for early intervention services under Part C of a child under the age of 3 who is involved in a substantiated case of child abuse or neglect; or is identified as affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure.  [637(a)(6)]

If a statewide system includes a state policy allowing the continuation of early intervention services for children 3 years of age until entrance into elementary school, the statewide system shall ensure that: … there will be a referral for evaluation for early intervention services of a child who experiences a substantial case of trauma due to exposure to family violence (as defined in Section 320 of the Family Violence Prevention and Services Act).  [635(c)(1), 635(c)(2)(G)]

3.  Adds new provisions for Early Childhood Transition.

New option under Part C:  The term “infant or toddler with a disability” may also include, at a state’s discretion … children with disabilities who are eligible for services under Section 619 and who previously received services under Part C until such children enter, or are eligible under state law to enter, kindergarten or elementary school, as appropriate.…  [632(5)(B)(ii)]

A statewide system described in Section 633 shall provide … a written IFSP … including a description of the appropriate transition services….  [636(a)(3)]

A state’s application for a grant under Section 633 shall contain a description of the policies and procedures to be used to ensure a smooth transition for toddlers receiving early intervention services under Part C (and children receiving those services under Section 635(c)) to preschool, school, other appropriate services, or exiting the program, including a description of how the lead agency designated or established under Section 635(a)(10) will, in the case of a child who may be eligible for preschool services, with the approval of the family of the child, convene a conference … not less than 90 days (and at the discretion of all parties, not more than nine months) before the child is eligible for the preschool services….  [637(a)(9)(A)(ii)(II)]

A state’s application for a grant under Section 633 shall contain a description of the policies and procedures to be used to establish a transition plan, including, as appropriate, steps to exit from the program.  [637(a)(9)(C)]

A state’s application for a grant under Section 633 shall contain a description of state efforts to promote collaboration among Early Head Start programs under Section 645A of the Head Start Act, early education and child care programs, and services under Part C.  [637(a)(10)]

4.  Establishes additional dispute resolution options under Procedural Safeguards.

Mediation:  The procedural safeguards required to be included … under Section 635(a)(13) shall provide … the right of parents to use mediation in accordance with Section 615….  Section 615(e) specifies that mediation shall be available upon request regarding any matter, including matters arising prior to the filing of a due process complaint.  If mediation results in resolution of a complaint, the parties must execute a legally binding agreement … that is signed by the parent and agency representative, and is enforceable in any state court of competent jurisdiction or in a district court of the United States.  For those Part C agencies that use Part B due process hearing procedures, revised provisions of Sections 615(b)-(d), (f), (i), (n) and (o) that relate to due process hearing requests and civil actions are also relevant.  [Part C at 639(a)(8) and Part B at 615(e)(1) and (e)(2)(F)]

Adoption of Part B Due Process Procedures:  If a lead agency has adopted under 34 CFR §303.420, the Part B due process hearing procedures, those procedures must be revised in accordance with the changes made to the due process procedures in Section 615.  [Part C at 635(a)(13), 639 and Part B at 615]

5.  Adds definitions and clarifications.

A statewide system described in Section 633 shall include:

  • A rigorous definition of the term “developmental delay” that will be used by the state …; and policies and procedures to ensure that, consistent with Section 636(d)(5), … the provision of early intervention services … occurs in a setting other than the natural environment that is most appropriate, as determined by the parent and the IFSP team, only when early intervention cannot be achieved satisfactorily … in a natural environment.
    [635(a)(1), 635(a)(16)(B)]

“Early Intervention Services.”  The term “early intervention services” means developmental services that

• Include:
     o Sign language and cued language services;
     o Screening; and
• Are provided by qualified personnel, including:
     o Vision specialists, including ophthalmologists and optometrists; and
     o Registered dieticians.
[632(4)(E)(iii) and (ix) and 632(4)(F)(viii) and (x)]

Section 602 adds new definitions of “assistive technology,” “homeless,” “parent,” and “ward of the state.”

Findings amended to read:  Congress finds that there is an urgent and substantial need … to enhance the development of infants and toddlers with disabilities … and to recognize the significant brain development that occurs during a child’s first 3 years of life.  [631(a)(1)]

6.  Adds new members to the State Interagency Coordinating Council (SICC) and eliminates the Federal Interagency Coordinating Council (FICC).

The SICC shall be composed as follows:

  • Not less than one member shall be from the agency responsible for the state Medicaid program;
  • Not less that one member shall be a representative designated by the Office of Coordinator for Education of Homeless Children and Youths;
  • Not less than one member shall be a representative from the state child welfare agency responsible for foster care; and 
  • Not less that one member shall be a representative from the state agency responsible for children’s mental health.
  • The authority for the FICC at 644, IDEA 1997, has been deleted.
    [641(b)(1)(G), (K)-(M) and deletion of the FICC at 644, IDEA 1997]

7.  Revises the requirements for the Part C application.

A state’s application for a grant under Section 633 shall provide satisfactory assurance to the secretary that policies and procedures have been adopted to ensure the meaningful involvement of underserved groups, including … homeless and rural families and children with disabilities who are wards of the state (See Section 602(36)), in the planning and implementation of all the requirements of Part C.  [637(a) and (b)(7)]

The requirement to establish financial responsibility for services may be met through:

  • State statute or regulation;
  • Signed agreements between respective agency officials that clearly identify the responsibilities of each agency relating to the provision of services; or
  • Other appropriate written methods as determined by the chief executive officer of the state or designee of the officer and approved by the secretary through the review and approval of the state’s application pursuant to Section 637.
    [640(b)(3)]

8.  Ensures the application of Sections 616-618 to Part C.

Section 642 states that Sections 616, 617 and 618 shall, to the extent not inconsistent with Part C, apply to the program authorized by Part C.  See these sections of the statute for relevant changes.   [642]

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IDEA–Reauthorized Statute


ALIGNMENT WITH THE NO CHILD LEFT BEHIND ACT

This section addresses the changes to the IDEA provisions regarding the alignment between IDEA and No Child Left Behind, referred to in this document as the Elementary and Secondary Education Act (ESEA) of 1965, that took effect on July 1, 2005.  It does not address any changes that may be made by the final regulations.

IDEA 2004:

1.  Adds new definitions.

“Core academic subjects.”  The term “core academic subjects” means English, reading or language arts; mathematics; science; foreign languages; civics and government; economics; arts; history; and geography.  [9101(11) of ESEA] [602(4) of IDEA]

“Limited English proficient.”  The term “limited English proficient,” when used with respect to an individual, means an individual:

  • Who is aged 3 through 21;
  • Who is enrolled or preparing to enroll in an elementary school or secondary school;
  • Either of who was not born in the United States or whose native language is a language other than English;or 
  • Who is a Native American, Alaska Native, or a native resident of the outlying areas; and who comes from an environment where a language other than English has had a significant impact on the individual’s level of English language proficiency; or
  • who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and
  • Whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual:
  • The ability to meet the state’s proficient level of achievement on state assessments described in Section 1111(b)(3) of ESEA;
  • The ability to successfully achieve in classrooms where the language of instruction is English; or
  • The opportunity to participate fully in society.
    [9101(25) of ESEA] [602(18) of IDEA]

“Highly qualified.”  For a complete definition of the term “highly qualified,” refer to the “Highly Qualified Teachers” topic brief.  [9101(23) of ESEA] [602(10) of IDEA]

2.  Allows funds reserved to carry out state-level activities to be used:

… to support the development and provision of appropriate accommodations for children with disabilities, or the development and provision of alternate assessments that are valid and reliable for assessing the performance of children with disabilities, in accordance with Sections 1111(b) and 6111 of ESEA.  [611(e)(2)(C)(x) of IDEA]

3.  Allows the use of funds in schoolwide programs.

… [A] local education agency (LEA) may use funds received under Part B for any fiscal year to carry out a schoolwide program under Section 1114 of ESEA, except that the amount so used in any such program shall not exceed:

  • The number of children with disabilities participating in the schoolwide program, multiplied by
  • The amount received by the LEA under this part for that fiscal year, divided by
  • The number of children with disabilities in the jurisdiction of that agency.
    [613(a)(2)(D)(i) and (ii)(I)-(II) of IDEA]

4.  Allows the use of funds to carry out activities under ESEA.

If an LEA exercises the authority under Section 613(a)(2)(C)(i) of IDEA, the agency shall use an amount of local funds equal to the reduction in expenditures under Section 613(a)(2)(C)(i) of IDEA to carry out activities authorized under ESEA.  [613(a)(2)(C)(ii) of IDEA]

5.  Requires performance goals and indicators.

The state has established goals for the performance of children with disabilities in the state that:

  • Promote the purposes of IDEA as stated in Section 601(d);
  • Are the same as the state’s definition of adequate yearly progress (AYP), including the state’s objectives for progress by children with disabilities, under Section 1111(b)(2)(C) of ESEA;
  • Address graduation rates and dropout rates, as well as such other factors as the state may determine; and
  • Are consistent, to the extent appropriate, with any other goals and standards for children established by the state.

In addition, the state has established performance indicators it will use to assess progress toward achieving the goals described in Section 612(a)(15)(A) of IDEA, including measurable annual objectives for progress by children with disabilities under Section 1111(b)(2)(C)(v)(II)(cc) of ESEA.  [612(a)(15)(A) and (B) of IDEA]

6.  Requires reporting.

[The state] will annually report to the secretary and the public on the progress of the state, and of children with disabilities in the state, toward meeting the goals established under Section 612(a)(15)(A) of IDEA, that may include elements of the reports required under Section 1111(h) of ESEA.  [612(a)(15)(C) of IDEA]

7.  Provides for the measurement of the achievement of children with disabilities on alternate assessments against alternate achievement standards.

If the state has adopted alternate academic achievement standards permitted under the regulations promulgated to carry out Section 1111(b)(1) of ESEA, the guidelines developed and implemented under Section 612(a)(16)(c)(i) of IDEA shall provide for alternate assessments that … measure the achievement of children with disabilities against those standards.   [612(a)(16)(C)(ii)(II) of IDEA]

8.  Requires linking records of migratory children among states.

The LEA shall cooperate in the secretary’s efforts under Section 1308 of ESEA to ensure the linkage of records pertaining to migratory children with a disability for the purpose of electronically exchanging, among the states, health and educational information regarding such children.  [613(a)(9) of IDEA]

9.  Establishes a limitation on eligibility determination.

In making a determination of eligibility under Section 614(b)(4)(A) of IDEA, a child shall not be determined to be a child with a disability if the determinant factor for such determination is lack of appropriate instruction in reading, including in the essential components of reading instruction (as defined in Section 1208(3) of ESEA); lack of instruction in math; or limited English proficiency.  [614(b)(5) of IDEA]

 
10.  Alignment of personnel development plans.

The application [for a state personnel development grant] shall include a plan that identifies and addresses state and local needs for preparation and professional development of personnel, as well as individuals who provide direct supplementary aids and services to children with disabilities, and that … is integrated and aligned, to the maximum extent possible, with state plans and activities under ESEA, the Rehabilitation Act of 1973, and the Higher Education Act of 1965.  [653(a)(2)(C) of IDEA]

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IDEA – Reauthorized Statute

NATIONAL INSTRUCTIONAL

MATERIALS

ACCESSIBILITY STANDARD

(NIMAS)

This section addresses the changes to the IDEA provisions regarding NIMAS that took effect on July 1, 2005.  It does not address any changes that may be made by the final regulations.

IDEA 2004:

1.  Adds definitions related to NIMAS.

  • “NIMAS.” “NIMAS” has the meaning given the term in Section 674(e)(3)(B).  NIMAS means the standard established by the secretary to be used in the preparation of electronic files suitable and used solely for efficient conversion into specialized formats.  [612(a)(23)(E)(ii)] 
  • “Specialized formats.”  “Specialized formats” has the meaning given the term in Section 674(e)(3)(D), which specifies that “specialized formats” has the meaning given the term in 17 U.S.C. Section 121(d)(3) [but the term is now in Section 121(d)(4)].  “Specialized formats” means Braille, audio or digital text which is exclusively for use by blind or other persons with disabilities….  [612(a)(23)(E)(iii)]
  • “Print instructional materials.”  “Print instructional materials” means printed textbooks and related printed core materials that are written and published primarily for use in elementary school and secondary school instruction and are required by a state education agency (SEA) or local education agency (LEA) for use by students in the classroom.  [674(e)(3)(C)]
  • “Blind or other persons with print disabilities.”  “Blind or other persons with print disabilities” means children served under IDEA and who may qualify in accordance with the act entitled “An Act to provide books for the adult blind,” approved March 31, 1931 (2 U.S.C. 135a; 46 Stat. 1487) to receive books and other publications produced in specialized formats.  [674(e)(3)(A)] 
  • “National Instructional Materials Access Center (NIMAC).”  “NIMAC” means the center established pursuant to Section 674(e), which specifies that the secretary shall establish and support, through the American Printing House for the Blind, a center to be known as the NIMAC not later than one year after the date of enactment of IDEA 2004.  [(674(e)(1), 612(a)(23)(E)(i)]

2.  Establishes the basis for adoption of NIMAS.

The state adopts NIMAS for the purposes of providing instructional materials to blind persons or other persons with print disabilities in a timely manner after the publication of NIMAS in the Federal Register.  [612(a)(23)(A)]

3.  Mandates access to instructional materials.

Nothing in Section 612(a)(23) shall be construed to require any state education agency (SEA) to coordinate with NIMAC.  If an SEA chooses not to coordinate with NIMAC, such agency shall provide an assurance to the secretary that the agency will provide instructional materials to blind persons or other persons with print disabilities in a timely manner.

If an SEA chooses to coordinate with NIMAC, not later than two years after the date of enactment of IDEA 2004, the agency, as part of any print instructional materials adoption process, procurement contract, or other practice or instrument used for purchase of print instructional materials, shall enter into a written contract with the publisher of the print instructional materials to: 

Require the publisher to prepare, and, on or before delivery of the print instructional materials, provide to NIMAC electronic files containing the contents of the print instructional materials using NIMAS; or
o Purchase instructional materials from the publisher that are produced in, or may be rendered in, specialized formats.
[612(a)(23)(B)-(C)]

4.  Mandates collaboration with assistive technology programs.

In carrying out Section 612(a)(23), the SEA, to the maximum extent possible, shall work collaboratively with the state agency responsible for assistive technology programs.  [612(a)(23)(D)]

5.  Establishes a deadline regarding coordination with NIMAC.

Not later than two years after the date of the enactment of IDEA 2004, an LEA that chooses to coordinate with NIMAC, when purchasing print instructional materials, shall acquire the print instructional materials in the same manner and subject to the same conditions as an SEA acquires print instructional materials under Section 612(a)(23).

Nothing in Section 613(a)(6) shall be construed to require an LEA to coordinate with NIMAC.  If an LEA chooses not to coordinate with NIMAC, the LEA shall provide an assurance to the SEA that the LEA will provide instructional materials to blind persons or other persons with print disabilities in a timely manner.
[613(a)(6)(A)-(B)]

6.  Establishes the duties of NIMAC.

The duties of NIMAC are the following:

  • To receive and maintain a catalog of print instructional materials prepared in NIMAS, as established by the secretary, made available to NIMAC by the textbook publishing industry, SEAs and LEAs; 
  • To provide access to print instructional materials, including textbooks, in accessible media, free of charge, to blind or other persons with print disabilities in elementary schools and secondary schools in accordance with such terms and procedures as the NIMAC may prescribe; and
    To develop, adopt and publish procedures to protect against copyright infringement, with respect to the print instructional materials provided under Sections 612(a)(23) and 613(a)(6).   [674(e)(2)]

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IDEA–Reauthorized Statute

PROCEDURAL SAFEGUARDS:

MEDIATION AND RESOLUTION

 SESSIONS

This section addresses the changes to the IDEA provisions regarding procedural safeguards related to mediation and resolution sessions that took effect on July 1, 2005.  It does not address any changes that may be made by the final regulations.

IDEA 2004:

1.  Requires that mediation  is available whether or not there is a request for a due process hearing.

Any state education agency (SEA) or local education agency (LEA) that receives assistance under Part B shall ensure that procedures are established and implemented to allow parties to disputes involving any matter, including matters arising prior to the filing of a due process hearing request pursuant to Section 615(b)(6), to resolve such disputes through a mediation process.  [615(e)(1)]

2.  Provides parents and schools the opportunity to meet with a disinterested party.

An LEA or SEA may establish procedures to offer to parents and schools that choose not to use the mediation process an opportunity to meet, at a time and location convenient to the parents, with a disinterested party who is under contract with:

  • A parent training and information center or community parent resource center in the state, established under Section 671 or 672; or 
  • An appropriate alternative dispute resolution entity
    to encourage the use, and explain the benefits, of the mediation process to the parents.  
    [615(e)(2)(B)]

3.  Adds mediation requirements.

In the case that a resolution is reached to resolve the issues in the request for a due process hearing through the mediation process, the parties shall execute a legally binding agreement that sets forth such resolution and that:

  • States that all discussions that occurred during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding;
  • Is signed by both the parent and a representative of the agency who has the authority to bind such agency; and
  • Is enforceable in any state court of competent jurisdiction or in a district court of the United States.
    [615(e)(2)(F)]

4.  Adds “resolution sessions.”

Prior to the opportunity for an impartial due process hearing under Section 615(f)(1)(A), the LEA shall convene a meeting with the parents and the relevant member or members of the individualized education program (IEP) team who have specific knowledge of the facts identified in the request for a due process hearing:

  • Within 15 days of receiving notice of the parents’ request for a due process hearing;
  • Which shall include a representative of the agency who has decision-making authority on behalf of such agency;
  • Which may not include an attorney of the LEA unless the parent is accompanied by an attorney; and
  • Where the parents of the child discuss their request for a due process hearing, and the facts that form the basis of the request for a due process hearing, and the LEA is provided the opportunity to resolve the request for a due process hearing, unless the parents and the LEA agree in writing to waive such meeting, or agree to use the mediation process described in Section 615(e). [615(f)(1)(B)(i)]

If the LEA has not resolved the issues that are the subject of the request for the due process hearing to the satisfaction of the parents within 30 days of the receipt of the request for a due process hearing, the due process hearing may occur, and all of the applicable timelines for a due process hearing under Part B shall commence.  [615(f)(1)(B)(ii)]

In the case that a resolution is reached to resolve the issues that are the subject of the request for a due process hearing at a meeting described in Section 615(f)(1)(B)(i), the parties shall execute a legally binding agreement that is:

  • Signed by both the parent and a representative of the agency who has the authority to bind such agency; and
  • Enforceable in any state court of competent jurisdiction or in a district court of the United States.
    [615(f)(1)(B)(iii)]

If the parties execute an agreement pursuant to Section 615(f)(1)(B)(iii), a party may void such agreement within three business days of the agreement’s execution.  [615(f)(1)(B)(iv)]

5.  Provides that attorneys’ fees are not available for the resolution session meetings required by Section 615(f)(1)(B)(I).

A meeting conducted pursuant to Section 615(f)(1)(B)(i) (a resolution session’s preliminary meeting) shall not be considered:

  • A meeting convened as a result of an administrative hearing or judicial action; or
  • An administrative hearing or judicial action for purposes of Section 615(i).
    [615(i)(3)(D)(iii)]

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IDEA–Reauthorized Statute

INDIVIDUALIZED EDUCATION

 PROGRAM (IEP) TEAM MEETINGS

AND CHANGES TO THE IEP

This section addresses the changes to the IDEA provisions regarding individualized education program (IEP) team meetings and changes to the IEP that took effect on July 1, 2005.  It does not address any changes that may be made by the final regulations.

IDEA 2004:

1.  Revises language regarding members of the IEP team.

The term “IEP team” means a group of individuals composed of:

  • The parents of a child with a disability; 
  • Not less than one regular education teacher of such child (if the child is, or may be, participating in the regular education environment); 
  • Not less than one special education teacher, or where appropriate, not less than one special education provider of such child; 
  • A representative of the local education agency (LEA) who is: qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities; knowledgeable about the general education curriculum; and knowledgeable about the availability of resources of the LEA; 
  • An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described above; 
  • At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and 
  • Whenever appropriate, the child with a disability.
    [614(d)(1)(B)]

2.  Identifies when IEP team meeting attendance is not necessary.

A member of the IEP team shall not be required to attend an IEP meeting, in whole or in part, if the parent of a child with a disability and the LEA agree that the attendance of such member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed in the meeting.  A parent’s agreement shall be in writing.  [614(d)(1)(C)(i), (iii)]

3.  Authorizes excusals from IEP meetings.

A member of the IEP team may be excused from attending an IEP meeting, in whole or in part, when the meeting involves a modification to or discussion of the member’s area of the curriculum or related services if:

  • The parent and the LEA consent to the excusal; and
  • The member submits, in writing to the parent and the team, input into the development of the IEP prior to the meeting.
  • The parent’s consent shall be in writing.  [614(d)(1)(C)(ii), (iii)]

4.  Adds new provisions for making changes to the IEP.

In making changes to a child’s IEP after the annual IEP meeting for a school year, the parent of a child with a disability and the LEA may agree not to convene an IEP meeting for the purposes of making such changes and, instead, may develop a written document to amend or modify the child’s current IEP.  [614(d)(3)(D)]

Changes to the IEP may be made either by the entire IEP team or, as provided in Section 614(d)(3)(D), by amending the IEP rather than by redrafting the entire IEP. Upon request, a parent shall be provided with a revised copy of the IEP with the amendments incorporated.  [614(d)(3)(F)]

5.  Encourages consolidation of IEP meetings.

To the extent possible, the LEA shall encourage the consolidation of reevaluation meetings and other IEP team meetings for the child.  [614(d)(3)(E)]

6.  Authorizes alternative means of meeting participation.

When conducting IEP team meetings and placement meetings pursuant to Sections 614, 615(e), and 615(f)(1)(B), and carrying out administrative matters under Section 615 (such as scheduling, exchange of witness lists and status conferences), the parent of a child with a disability and an LEA may agree to use alternative means of meeting participation, such as video conferences and conference calls.  [614(f)]

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IDEA–Reauthorized Statute

INDIVIDUALIZED EDUCATION

PROGRAM (IEP)

This section addresses the changes to the IDEA provisions regarding the content of individualized education programs (IEPs) that took effect on July 1, 2005.  It does not address any changes that may be made by the final regulations.

IDEA 2004:

1.  Changes provisions regarding present levels of educational performance, short-term objectives or benchmarks, and annual goals.

The IEP must include:

  • A statement of the child’s present levels of academic achievement and functional performance; including, for children who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives; and
  • A statement of measurable annual goals, including both academic and functional goals….
    [614(d)(1)(A)(i)(I)-(II)]

2.  Changes provisions regarding assessments.

The IEP must include a statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on state and districtwide assessments consistent with Section 612(a)(16)(A).  [614(d)(1)(A)(i)(VI)(aa)]

If the IEP team determines that the child shall take an alternate assessment on a particular state or districtwide assessment of student achievement, the IEP must include a statement of why the child cannot participate in the regular assessment and why the particular alternate assessment selected is appropriate for the child.  [614(d)(1)(A)(i)(VI)(bb)]

3.  Revises requirements for measuring progress and reporting progress to parents.

The IEP must include a description of:

  • How the child’s progress toward meeting the annual goals will be measured; and 
  • When periodic reports on the progress the child is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided.
    [614(d)(1)(A)(i)(III)]

4.  Changes provisions regarding the statement of services.

The IEP must include a statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided for the child.  [614(d)(1)(A)(i)(IV)]

5.  Changes the secondary transition requirements.

Beginning not later than the first IEP to be in effect when the child is 16, and updated annually thereafter, (note: eliminates age 14 requirements) the IEP must include:

  • Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment and, where appropriate, independent living skills; and
  • The transition services (including courses of study) needed to assist the child in reaching those goals.
    [614(d)(1)(A)(i)(VIII)]

6.  Adds requirements for children with disabilities transferring school districts within a state and between states.

Within-state transfers:  In the case of a child with a disability who transfers school districts within the same academic year, who enrolls in a new school, and who had an IEP that was in effect in the same state, the local education agency (LEA) shall provide such child with a free appropriate public education (FAPE), including services comparable to those described in the previously held IEP, in consultation with the parents, until such time as the LEA adopts the previously held IEP or develops, adopts, and implements a new IEP that is consistent with federal and state law.  [614(d)(2)(C)(i)(I)]

Between-state transfers:  In the case of a child with a disability who transfers school districts within the same academic year, who enrolls in a new school, and who had an IEP that was in effect in another state, the new LEA must provide such child with FAPE, including services comparable to those described in the previously held IEP, in consultation with the parents, until such time as the LEA conducts an evaluation pursuant to IDEA requirements at Section 614(a)(1), if determined to be necessary by such agency, and develops a new IEP, if appropriate, that is consistent with federal and state law.  [614(d)(2)(C)(i)(II)]

Transmittal of records:  To facilitate the transition for a child described above, the new school in which the child enrolls shall take reasonable steps to promptly obtain the child’s records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous school in which the child was enrolled, pursuant to 34 CFR Section 99.31(a)(2); and the previous school in which the child was enrolled shall take reasonable steps to promptly respond to such request from the new school.  [614(d)(2)(C)(ii)]

7.  Adds a rule of construction.

Nothing in Section 614 shall be construed to require:  (1) that additional information be included in a child’s IEP beyond what is explicitly required in Section 614; or (2) the IEP team to include information under one component of a child’s IEP that is already contained under another component of such IEP.  [614(d)(1)(A)(ii)]
 

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 IDEA–Reauthorized Statute


HIGHLY QUALIFIED TEACHERS

This section addresses the changes to the IDEA provisions regarding highly qualified teachers that took effect on Dec. 3, 2004 and personnel qualifications that took effect on July 1, 2005.  It does not address any changes that may be made by the final regulations.

IDEA 2004:

1.  Adds a new definition.

“Highly qualified.”  For any special education teacher, the term “highly qualified” has the meaning given the term in Section 9101 of the Elementary and Secondary Education Act (ESEA) of 1965,2 except that such term also:
• Includes the requirements described in Section 602(10)(B) of IDEA; and
• Includes the option for teachers to meet the requirements of Section 9101 of ESEA by meeting the requirements of Section 602(10)(C) or (D) of IDEA.
[602(10)(A) of IDEA]

2.  Specifies requirements for special education teachers.

When used with respect to any public elementary school or secondary school special education teacher teaching in a state, “highly qualified” means that:

  • The teacher has obtained full state certification as a special education teacher (including certification obtained through alternative routes to certification), or passed the state special education teacher licensing examination, and holds a license to teach in the state as a special education teacher, except that when used with respect to any teacher teaching in a public charter school, the term means that the teacher meets the requirements set forth in the state’s public charter school law;
  • The teacher has not had special education certification or licensure requirements waived on an emergency, temporary or provisional basis; and
  • The teacher holds at least a bachelor’s degree.
    [602(10)(B) of IDEA]

3.  Includes requirements for special education teachers teaching to alternate achievement standards.

When used with respect to a special education teacher who teaches core academic subjects exclusively to children who are assessed against alternate achievement standards established under the regulations promulgated under Section 1111(b)(1) of ESEA, “highly qualified” means the teacher, whether new or not new to the profession, may either:

  • Meet the applicable requirements of Section 9101 of ESEA for any elementary, middle or secondary school teacher who is new or not new to the profession; or
  • Meet the requirements of Section 9101(23)(B) or (C) of ESEA as applied to an elementary school teacher, or, in the case of instruction above the elementary level, has subject matter knowledge appropriate to the level of instruction being provided, as determined by the state, needed to effectively teach to those standards.
    [602(10)(C) of IDEA]

4.  Includes requirements for special education teachers teaching multiple subjects.

When used with respect to a special education teacher who teaches two or more core academic subjects exclusively to children with disabilities, “highly qualified” means that the teacher may either:

  • Meet the applicable requirements of Section 9101 of ESEA for any elementary, middle or secondary school teacher who is new or not new to the profession;
  • In the case of a teacher who is not new to the profession, demonstrate competence in all the core academic subjects in which the teacher teaches in the same manner as is required for an elementary, middle or secondary school teacher who is not new to the profession under Section 9101(23)(C)(ii) of ESEA, which may include a single, high objective uniform state standard of evaluation (HOUSSE) covering multiple subjects; or
  • In the case of a new special education teacher who teaches multiple subjects and who is highly qualified in mathematics, language arts or science, demonstrate competence in the other core academic subjects in which the teacher teaches in the same manner as is required for an elementary, middle or secondary school teacher under Section 9101(23)(C)(ii) of ESEA, which may include a single, HOUSSE covering multiple subjects, not later than two years after the date of employment.
    [602(10)(D) of IDEA]

5.  Adds a rule of construction.

Notwithstanding any other individual right of action that a parent or student may maintain under Part A, nothing in Section 602(10) of IDEA or Part A shall be construed to create a right of action on behalf of an individual student or class of students for the failure of a particular state education agency (SEA) or local education agency (LEA) employee to be highly qualified.  [602(10)(E) of IDEA]

6.  Aligns “Highly qualified” standards in IDEA with the standards of ESEA.

A teacher who is highly qualified under Section 602(10) of IDEA shall be considered highly qualified for purposes of ESEA.3  [602(10)(F) of IDEA]

7.  Adds a policy statement.

In implementing Section 612 of IDEA, a state shall adopt a policy that includes a requirement that LEAs in the state take measurable steps to recruit, hire, train and retain highly qualified personnel to provide special education and related services under Part B to children with disabilities.  [612(a)(14)(D) of IDEA]

8.  Adds a rule of construction.

Notwithstanding any other individual right of action that a parent or student may maintain under Part B, nothing in Section 612(a)(14) of IDEA shall be construed to create a right of action on behalf of an individual student for the failure of a particular SEA or LEA staff person to be highly qualified, or to prevent a parent from filing a complaint about staff qualifications with the SEA as provided for under Part B.  [612(a)(14)(E) of IDEA]

9.  Adds a requirement for state personnel development plans.

State personnel development plans must describe how the SEA will recruit and retain highly qualified teachers and other qualified personnel in geographic areas of greatest need.  [653(b)(7) of IDEA]

10.  Authorizes new personnel development grants to improve services and results for children with disabilities.

The secretary, on a competitive basis, shall award grants to, or enter into contracts or cooperative agreements with, eligible entities to carry out one or more of the following objectives:

  • To help address the needs identified in the state plan described in Section 653(a)(2) of IDEA for highly qualified personnel, as defined in Section 651(b) of IDEA, to work with infants or toddlers with disabilities, or children with disabilities, consistent with the qualifications described in Section 612(a)(14) of IDEA.
  • To ensure that those personnel have the necessary skills and knowledge, derived from practices that have been determined, through scientifically based research, to be successful in serving those children.
  • To encourage increased focus on academics and core content areas in special education personnel preparation programs.
  • To ensure that regular education teachers have the necessary skills and knowledge to provide instruction to students with disabilities in the regular education classroom.
  • To ensure that all special education teachers are highly qualified.
  • To ensure that preservice and in-service personnel preparation programs include training in the use of new technologies; the area of early intervention, educational, and transition services; effectively involving parents; and positive behavioral supports.
  • To provide high-quality professional development for principals, superintendents, and other administrators, including training in instructional leadership; behavioral supports in the school and classroom; paperwork reduction; promoting improved collaboration between special education and general education teachers; assessment and accountability; ensuring effective learning environments; and fostering positive relationships with parents. 

In carrying out Section 662(b)(1)(A) of IDEA, the secretary shall support not less than one of the following activities: … Developing, evaluating and disseminating innovative models for the recruitment, induction, retention and assessment of new, highly qualified teachers to reduce teacher shortages, especially from groups that are underrepresented in the teaching profession, including individuals with disabilities.  [662(a)(1)- (7) and 662(b)(2)(B) of IDEA]

11.  Establishes effective dates.

  • Except as noted, Parts A, B and C, and Subpart 1 of Part D of IDEA 2004 take effect on July 1, 2005.
  • Section 602(10)(A) and (C)-(F) (definition of a “highly qualified” special education teacher) and Subparts 2-4 of Part D of IDEA 2004 took effect on Dec. 3, 2004 for purposes of ESEA.
    [Title III, §302(a)-(b) of IDEA]

Personnel Qualifications (took effect on July 1, 2005):

12.  Adds personnel qualifications to state eligibility requirements.

The SEA has established and maintains qualifications to ensure that personnel necessary to carry out Part B are appropriately and adequately prepared and trained, including that those personnel have the content knowledge and skills to serve children with disabilities.   [612(a)(14)(A) of IDEA]

13.  Adds requirements for related services personnel and paraprofessionals.

The qualifications under Section 612(a)(14)(A) of IDEA include qualifications for related services personnel and paraprofessionals that:

  • Are consistent with any state-approved or state-recognized certification, licensing, registration or other comparable requirements that apply to the professional discipline in which those personnel are providing special education or related services;
  • Ensure that related services personnel who deliver services in their discipline or profession meet the requirements of Section 612(a)(14)(B)(i) of IDEA and have not had certification or licensure requirements waived on an emergency, temporary or provisional basis; and
  • Allow paraprofessionals and assistants who are appropriately trained and supervised, in accordance with state law, regulation or written policy, in meeting the requirements of Part B to be used to assist in the provision of special education and related services to children with disabilities.
    [612(a)(14)(B) of IDEA]

14.  Qualifications for special education teachers.

The qualifications described in Section 612(a)(14)(A) of IDEA shall ensure that each person employed as a special education teacher in the state who teaches elementary school, middle school or secondary school is highly qualified by the end of the 2005-06 school year.  [1119(a)(2) of ESEA]; [612(a)(14)(C) of IDEA].
 

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President’s Message

SPECIAL EDITION—Two Topic Issue

Dear NASET Member,
 
Welcome to the November 2005 edition of the NASETSpecial Educator e-Journal.  This issue of our e-journal is divided into two parts.  The first part covers the latest updates regarding IDEA 2004.  The second part provides you with the latest information on numerous topics in the field of early intervention.

Update & Implementation of the IDEA 2004 Provisions

From it’s beginning, NASET has been following the reauthorization of the Individuals with Disabilities Education Act very closely.  The reauthorized Individuals with Disabilities Education Act (IDEA) was signed into law on Dec. 3, 2004 by President George W. Bush.  Since that time, NASET has received numerous questions about how the reauthorized law will affect teachers, students, parents and all special education professionals.

Due to the overwhelming number of questions we received on IDEA 2004, NASET devoted its March, 2005 edition of the Special Educator e-Journal primarily to “Frequently Asked Questions about IDEA 2004.” 

The provisions of the act became effective on July 1, 2005, with the exception of some of the elements pertaining to the definition of a “highly qualified teacher” that took effect upon the signing of the act.  The Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education has prepared a series of documents that covered a variety of high-interest topics and brings together the statutory language related to those topics to support constituents in preparing to implement the new requirements. The documents do not address any changes that may be made, if any, by the final regulations. 

Questions about IDEA 2004 are by far one of the most common areas of interest to NASET members.  Recently, we have received numerous questions on IDEA 2004 and what we know about the IDEA provisions that took effect on July 1, 2005.  Based on your feedback, NASET felt that the November 2005 edition of the Special Educator e-Journal should be devoted primarily to the implementation of IDEA 2004. NASET thanks The Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education staff for providing us with the information necessary for our November 2005 Special Educator e-Journal.

The information in the November  Special Educator e-Journal relates to the latest reauthorization of IDEA–IDEA 2004—in other words, the statute as it was passed by Congress and signed by the President in 2004.  If there are any questions that you personally have about IDEA 2004 that are not addressed after reading this Special Educator e-Journal, please be sure to contact NASET so that we can provide you with the information you need.

Early Intervention

The second part of this e-journal directly relates to early intervention services.  The National Dissemination Center for Children and Youth with Disabilities (NICHCY) has created an up-to-date resource list covering all critical areas of the birth to three year old population.  NICHCY, the recipient of the NASET Excellence in Special Education Award for 2005, has provided us with the a truly comprehensive resource base, one which we think you will find everything you need regarding early intervention services.

What’s New at NASET?

NASET has spent considerable time updating its website with resources that our members have requested.  These include information on the following areas:

Transition Services -There are two common “crises” in the lives of children with disabilities and their families. The first turning point is when they enter the Special Education System. The second is when they leave it. This area on Transition Services Information is geared towards helping this population as they begin to prepare to leave the world of special education. As a professional in the field of special education, you will play a significant role in helping your students transition to adult life.

As a result, NASET has provided an extensive library of Transition Services resources which has been added to this site.

  • Lesson Plan Development- Expanded with new and great sites 
  • IEP Goals- New page which contains over 15 great sites to help you write IEPs, annual goals/ benchmarks and behavioral objectives.
  • Early Intervention Resources– This section has now been extensively updated with numerous topics and resources.

NASET Members: If you cannot find information on a certain topic let our Research Department do the work for you. They will find the information (if available) and inform you of the results. Contact the Research Department at: membersresearch@naset.org 

We hope you enjoy this special edition double topic issue of the November e-Journal

Sincerely,

Dr. Roger Pierangelo
President

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csm November 2005 Cover 3 53b3756730

Table of Contents

President’s Message

Changes to the IDEA provisions regarding initial evaluation and reevaluation

Changes to the IDEA provisions regarding Highly Qualified Teachers

Changes to the IDEA provisions regarding the content of individualized education program

Changes to the IDEA provisions regarding individualized education program (IEP) team meetings and changes to the IEP

Changes to the IDEA provisions regarding procedural safeguards related to mediation and resolution sessions

Changes to the IDEA provisions regarding the alignment between IDEA and No Child Left Behind, referred to in this document as the Elementary and Secondary Education Act (ESEA) of 1965

Changes to the IDEA provisions regarding NIMAS

Changes to Part C of IDEA

Changes to the IDEA provisions regarding the Part C option to make Part C services available to children after age 3

Changes to the IDEA provisions regarding children with disabilities enrolled by their parents in private schools

Changes to IDEA provisions regarding procedural safeguards related to notice to parents, surrogate parents and parental consent

Changes to the IDEA provisions regarding secondary transition

Changes to the IDEA provisions regarding state and district-wide assessmet

Changes to the IDEA provisions regarding Disproportionality and Overidentification

Changes to the IDEA provisions regarding Early Intervening Services

Update from NICHCY– Early Intervention

  • What is Early Intervention?
  • Early Intervention in Your State
  • Who’s Who in Early Intervention
  • Pediatrics and Health Care
  • Child Find Matters
  • Assessment/Evaluation Practices
  • Interagency Efforts
  • The IFSP
  • Involving Families Effectively
  • Transitioning to Preschool
  • Materials in Spanish
  • Effective Interventions
  • Staff Training and Development
  • Materials from Commercial Publishers

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