SUMMARY OF MAJOR CHANGES TO

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SUMMARY OF MAJOR CHANGES TO Powered By Docstoc
					             SUMMARY OF MAJOR CHANGES TO
          H.R. 1350, 108th CONGRESS, APRIL 30, 2003
   (Reauthorization: Individuals with Disabilities Education Act)


DEFINITIONS:

             Free Appropriate Public Education (FAPE) –
              emphasizes access to the general curriculum

             Highly Qualified – defines “qualified” special
              education teacher to align with No Child Left
              Behind Act (NCLBA)

             Children with Disabilities – attempts to ensure
              greater consistency across states with definitions

ALLOCATION FORMULA PROVISIONS:

             Limits Number of SPED Students – caps count
                (ages 3-17) to 13.5% for funding

             Specifies Annual Increase in Funding –
                provides specific increases in funding through
                FY 2010; net gain of $14.1 billion over FY 2003

             Increase to Small State’s Administrative Set-
                Aside – from $500,000 to $750,000 for Hawaii

             Allows for cost sharing – up to 40% for state
              level activities may be used with low
              incidence, high cost disabilities


Board of Education, Special Services Comm.   1
May 14, 2003
Presentation Summary
STATE AND LOCAL ELIGIBILITY:

             Allows for Supplemental Educational Services
              – aligns IDEA funds with NCLBA provision

             Permits use of IDEA funds for prereferral
              services – up to 15% of Part B funds


EVALUATIONS AND IEPs:

             Redefines Specific Learning Disability –
              prohibits use of discrepancy model between
              achievement and intellectual ability

             Gives LEA’s more flexibility if parent does not
              consent or does not respond – LEA may
              proceed with initial evaluation; LEA need not
              do IEP or hold IEP meeting

             Makes significant changes to IEP requirements
              – paperwork reduction for teachers/schools:

                     Effective SY 05-06, no benchmarks (goals)
                      or short-term objectives; aligns with
                      NCLBA where all parents will receive
                      report cards on progress re standards

                     Limits participation of reg. ed. teacher

                     Allows excuse of any member of IEP team
                      by mutual consent



Board of Education, Special Services Comm.   2
May 14, 2003
Presentation Summary
                     Allows amending IEP without reconvening
                      the IEP meeting by mutual consent

                     Allows for multi-year IEP, not to exceed 3
                      years by mutual consent

                     Allows for other means of IEP
                      participation, e.g., conference call, etc.


PROCEDURAL SAFEGUARDS:

             Adds statute of limitations to the rights to
              present complaints for a violation to one year

             Curbs when the school must give a copy of the
              procedural safeguards to: the initial referral or
              request for an evaluation, annually, at the
              beginning of school, and upon written request
              by the parent

             Modifies the requirement to provide a “full
              explanation” of the procedural safeguards to
              providing a description of them

             Adds voluntary binding arbitration to the
              complaints resolution process

             Expands use of mediation to any time

             Adds a “resolution session” requirement to
              help resolve issues in a more timely manner



Board of Education, Special Services Comm.   3
May 14, 2003
Presentation Summary
             Permits the Governor to set the rates of
              attorneys’ fees that could be awarded, instead
              of at the court’s discretion

DISCIPLINE ISSUES:

             Does not require determination of whether the
              child’s action is a result of the disability; may
              transfer child to alternative setting for up to 45
              days, if same treatment applies to a non-
              disabled child for the same violation

             Adds provision to section on personnel
              preparation to include high quality
              professional development for principals,
              superintendents and other administrators

             Requires states to track the number of
              students with disabilities who are subject to
              long-term suspensions and expulsions by
              demographics; data on disproportionality


MONITORING, ETC:

             Changes monitoring process to “focused
              monitoring,” which concentrates on improving
              educational results for children with
              disabilities, while ensuring compliance

             Requires the Secretary of Education to publish
              model forms for IEPs, procedural safeguard
              notices, and the prior written notice

Board of Education, Special Services Comm.   4
May 14, 2003
Presentation Summary

				
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