IDEA 2004 Core Messages
Individuals
with Disabilities Education Act, as amended in 2004
Core messages edited by Robert Morgan, EdD
The Individuals with Disabilities Education Improvement Act, or Public Law [P.L.] 108-446, was signed to law December 3, 2004, by President George W. Bush. This law extended the nation’s premier special education law. In exchange for federal funding, IDEA requires states to provide a free, appropriate public education (FAPE) in the least restrictive environment (LRE). The bill also includes children with disabilities in the education reform efforts of the No Child Left Behind Act. Five key changes to the law, as delineated by the House Education and Workforce Committee, strive to improve learning results for these students.
1. Making Special Education Stronger for Students and Parents
- Improving Education Results for Children with Disabilities
States must align their education accountability efforts for students with disabilities with that of other students.
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- Encouraging Innovative Approaches to Parental Involvement and
Parental Choice
This component in the new law provides parents with additional placement opportunities for their children.
- Addressing the Needs of Home-schooled Children
Provisions in the bill allow parents to refuse evaluation of and services for
their children.
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- Ensuring Equitable Participation for Students in Private Schools
This portion of the bill expands Child Find and consultation responsibilities for students with disabilities placed in private schools by their parents.
- Improving Early Intervention Strategies
A new emphasis is placed on helping students before they are identified as needing special education services.
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- Reducing Overidentification/Misidentification of Non-disabled Children, including Minority Youth
IDEA, as amended in 2004, requires school districts to reduce the overidentification of minority youth in special education.
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- Strengthening Accountability Measures for States
This provision complements accountability measures of the No Child Left Behind Act by extending them to students with disabilities.
2. Ensuring School Safety and Reasonable Discipline
- Giving Teachers
and Schools Greater Discretion to Exercise Reasonable Discipline and
Ensure Safety for All Students
This portion of the bill clarifies that, unless a disciplinary infraction is the result of a student’s disability, the student must be disciplined in the same manner as any non-disabled student.
3. Reducing Unnecessary Lawsuits and Litigation
- Restoring Trust and Reducing Litigation
4. Supporting Teachers and Schools
- Reducing the Paperwork Burden on Teachers
The bill streamlines and decreases paperwork associated with special education.
- Supporting General Education and Special Education Teachers
The new law emphasizes the need for professional development for all current and prospective teachers who will instruct students with disabilities.
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- Defining What It Means to be a “Highly Qualified” Special
Education Teacher
Expectations are delineated regarding the meaning of “highly qualified,” especially as they relate to teachers who instruct students with disabilities.
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5. Reforming Special Education Funding and Building on Historic Funding Increases
- Simplifying Special Education Finance and Building on Funding Increases
The new law simplifies federal financial support of special education and provides steps towards increasing promised levels of federal support.
- Giving Local Communities More Control
IDEA, as amended in 2004, offers additional support to local education agencies to implement special education provisions and provides yearly incremental increases towards reaching promised levels of federal support.
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Note:
Reauthorization of the IDEA 2004