Handouts - arksped.k12.ar.usHandouts for Theme A: Modules 1-2 5A NICHCY: Handout A-1 TAWG*...

Theme A: Welcome to IDEA!

Handouts

“Improving educational results for children with disabilities

is an essential element of our national policy of ensuring

equality of opportunity, full participation, independent

living, and economic self-sufficiency for individuals with

disabilities.”

Findings of Congress, Public Law 108-446. Section 601(c)(1).

These handouts are designed to accompany Modules 1-2.

This training curriculum is a product of NICHCYthe National Dissemination Center for Children with Disabilities.

NICHCY, PO Box 1492, Washington, DC 200131.800.695.0285 (V/TTY) [email protected] www.nichcy.org

NICHCY: www.nichcy.org 2A Handouts for Theme A: Modules 1-2

A Snapshot Look at This Training Curriculum

Cancelled, pending reauthorization of NCLB

Title of the CurriculumBuilding the Legacy: Individuals withDisabilities Education Act Amendments of 2004.

Purpose of the CurriculumTo provide authoritative information about,and training materials on, IDEA and its finalPart B regulations.

SourceThe Building the Legacy training curriculum is aproduct of the National Dissemination Centerfor Children with Disabilities (NICHCY),produced at the request of the Office ofSpecial Education Programs (OSEP) at theU.S. Department of Education.

Table of ContentsA snapshot table of contents for the trainingcurriculum is shown at the right. Modules areavailable online at NICHCY. Come and get ‘emat:

www.nichcy.org/training/contents.asp

Slide Shows, Details, Handouts!Materials for each module include:

• a PowerPoint® slide show for use intraining,

• detailed background text and explanationfor trainers,

• handouts for participants, and

• supplemental resources fortrainers.

All available online right now!

Download them from:www.nichcy.org/training/contents.asp

Table of ContentsBuilding the Legacy

Theme A—Welcome to IDEA1: Top 10 Basics of Special Education2: Key Changes in IDEA

Theme B—IDEA and General Education3: NCLB in Brief4: Statewide and Districtwide Assessments5: Disproportionality & Overrepresentation6: Early Intervening Services and Response

to Intervention7: Highly Qualified Teachers8: NIMAS

Theme C—Evaluating Children for Disability 9: Introduction to Evaluation10: Initial Evaluation and Reevaluation11: Identification of Children with Specific

Learning Disabilities

Theme D—Individualized Education Programs12: IEP Team: Who’s a Member?13: Content of the IEP14: Meetings of the IEP Team15: LRE Decision Making16: Children with Disabilities Placed by

Their Parents in Private Schools

Theme E—Procedural Safeguards17: Introduction to Procedural Safeguards18: Options for Dispute Resolution19: Key Issues in Discipline

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Handouts for Theme A: Modules 1-2 3A NICHCY: www.nichcy.org

Please feel free to copy and share these handouts.

Table of Contents: Handouts in Theme A

(continued)

Handout Title of Handout Regulation Page

A-1 TAWG ________ 5A(Opening Activity for Module 1)

A-2 The Basic Special Education Process ________ 7Aunder IDEA

A-3 5 Acronyms and 5 Terms, Defined §300.8 11A§300.17§300.22§300.34§300.39§300.42§300.43§300.114—300.120§300.320

A-4 Technical Assistance and Dissemination ________ 19A(TA&D) Network

A-5 Roll Over Beethoven ________ 25A(Opening Activity for Module 2)

A-6 Changes in IDEA’s Definitions §300.8(c)(9) 27A§300.10§300.18§300.34(b)§300.35

A-7 Early Intervening Services §300.226 31A

A-8 Key Changes in Evaluation Procedures §300.301 33A§300.303§300.307§300.502

A-9 Key Changes in IEP Provisions §300.321(e) 37A§300.307§300.324(a)(4) and (6)§300.320(a) and (b)§300.172


A-10 Key Changes in IDEA’s “Parentally- §300.131 41APlaced” Provisions §300.132

§300.133§300.134§300.137§300.138

A-11 Key Changes in IDEA’s Discipline §300.530 43AProvisions §300.530(g)

§300.530(i)(3)§300.530(e) and (f)§300.533§300.534

A-12 Bringing the Changes Home ________ 45A(Closing Activity for Module 2)

page 2 (of 2)

Table of Contents: Handouts in Theme A

Handout Title of Handout Regulation Page


Handout A-1

TAWG*

Instructions: This is the opening activity for the module Top 10 Basics of Special Education. Part of thatmodule is going to look at five key acronyms used in special education. Here are some acronyms lesscommonly used—these come from license tags on cars. Can you match the tag with the car owner’sprofession? Work with a partner.

License Plate Car Owner’s Profession

1. ____ CRIMPAYS

2. ____ DOC4JOX

3. ____ DR IIII

4. ____ EIEIO

5. ____ FOOTSY

6. ____ HUT ONE

7. ____ I I M8TY

8. ____ LOXMIF

9. ____ MAKMLAF

10. ____ STR8NR

11. ____ ICNCYDU

12. ____ SAY AHH

13. ____ STORK1

14. ____ T IT UP

15. ____ UP N D

16. ____ I SD8EM

17. ____ FAMFIXR

18. ____ FILLRUP

19. ____ CALQL8

20. ____ ID-BUGM

A. Elevator repairman

B. Radiologist

C. Anesthesiologist

D. Gas station owner

E. Pediatrician

F. Computer repair technician

G. Accountant

H. Orthodontist

I. Optometrist

J. Defense attorney

K. Podiatrist

L. Golfer

M. Football player

N. Farmer

O. Pirate

P. Obstetrician

Q. Family therapist

R. Comedian

S. Sports injury specialist

T. Locksmith

*Take a Wild Guess!


This page is included here to facilitate thetwo-sided photocopying of these handouts.


Handout A-2Page 1 (of 4)

The Basic Special Education Process Under IDEA

Child is identified aspossibly needingspecial education andrelated services.

“Child Find.” The State must identify, locate, and evaluate allchildren with disabilities in the State who need special educa-tion and related services. To do so, States conduct “ChildFind” activities. A child may be identified by “Child Find,”and parents may be asked if the “Child Find” system canevaluate their child. Parents can also call the “Child Find”system and ask that their child be evaluated. Or—

Referral or request for evaluation. A school professional may askthat a child be evaluated to see if he or she has a disability.Parents may also contact the child’s teacher or other schoolprofessional to ask that their child be evaluated. This requestmay be verbal or in writing. Parental consent is needed beforethe child may be evaluated. Evaluation needs to be com-pleted 60 days after the parent gives consent (or, if the Statehas established a timeframe, within the State’s timeframe).

Child is evaluated.The evaluation must assess the child in all areas related to thechild’s suspected disability. The evaluation results will be usedto decide the child’s eligibility for special education andrelated services and to make decisions about an appropriateeducational program for the child. If the parents disagree withthe evaluation, they have the right to take their child for anIndependent Educational Evaluation (IEE). They may ask thatthe school system pay for this IEE. They may also request adue process hearing to challenge the school’s evaluation.

Eligibility is decided.A group of qualified professionals and the parents look at thechild’s evaluation results. Together, they decide if the child is a“child with a disability,” as defined by IDEA. Parents may askfor a hearing to challenge the eligibility decision.

Child is found eligiblefor services.

If the child is found to be a “child with a disability,” asdefined by IDEA, he or she is eligible for special educationand related services. Within 30 calendar days after a child isdetermined eligible, the IEP Team must meet to write an IEPfor the child.

Here’s a brief look at how a child is identified as having a disability and needing special education andrelated services.

*This flow chart is adapted from Communicating with Your Child’s School Through Letter Writing: A Parent’s Guide, a 2002 publication ofthe National Dissemination Center for Children with Disabilities (NICHCY), 1.800.695-0285, [email protected], www.nichcy.org.




IEP meeting is scheduled.The school system schedules and conducts the IEP meeting.School staff must:

• contact the participants, including the parents;

• notify parents early enough to make sure they have anopportunity to attend;

• schedule the meeting at a time and place agreeable to parentsand the school;

• tell the parents the purpose, time, and location of the meet-ing;

• tell the parents who will be attending; and

• tell the parents that they may invite people to the meetingwho have knowledge or special expertise about the child.

IEP meeting is held andthe IEP is written.

The IEP Team gathers to talk about the child’s needs and writethe student’s IEP. Parents and the child (when appropriate) arepart of the Team. If the child’s placement is decided by a differ-ent group, the parents must be part of that group as well.

Before the school system may provide special education andrelated services to the child for the first time, the parents mustgive consent. The child begins to receive services as soon aspossible after the meeting.

If the parents do not agree with the IEP and placement, theymay discuss their concerns with other members of the IEP Teamand try to work out an agreement. If they still disagree, parentscan ask for mediation, or the school may offer mediation.Parents may file a complaint with the state education agencyand may request a due process hearing, at which time a resolu-tion session must be held and mediation must be available.

Once the student has been found eligible for services, the IEP must be written. The two steps belowsummarize what is involved in writing the IEP.




Services are provided.The school makes sure that the child’s IEP is being carried outas it was written. Parents are given a copy of the IEP. Each ofthe child’s teachers and service providers has access to the IEPand knows his or her specific responsibilities for carrying outthe IEP. This includes the accommodations, modifications,and supports that must be provided to the child in keepingwith the IEP.

IEP is reviewed.The child’s IEP is reviewed by the IEP Team at least once ayear, or more often if the parents or school ask for a review. Ifnecessary, the IEP is revised. Parents, as Team members, mustbe invited to attend these meetings. Parents can make sugges-tions for changes, can agree or disagree with the IEP goals,and agree or disagree with the placement.

If parents do not agree with the IEP and placement, they maydiscuss their concerns with other members of the IEP Teamand try to work out an agreement. There are several options,including additional testing, an independent evaluation, orasking for mediation or a due process hearing. They may alsofile a complaint with the state education agency.

Progress is measured andreported to parents.

The child’s progress toward the annual goals is measured, asstated in the IEP. His or her parents are regularly informed ofthe child’s progress and whether that progress is enough forthe child to achieve the goals by the end of the year. Progressreports are provided to parents in keeping with the IEP.

Here is a brief summary of what happens after the IEP is written.

Child is reevaluated.At least every three years the child must be reevaluated, unlessthe parents and school agree that a reevaluation is unneces-sary. This evaluation is often called a “triennial.” Its purpose isto find out if the child continues to be a “child with a disabil-ity,” as defined by IDEA, and what the child’s educationalneeds are. However, the child must be reevaluated more oftenif conditions warrant or if the child’s parent or teacher asksfor a new evaluation.






Handout A-3

IDEA 2004’s Final Regulations

5 Acronyms and 5 Key Terms, Defined

This module looks at five acronyms and five keyterms commonly used in special education. IDEA’sdefinitions of all 10 are provided on this handout.The acronyms come first and are listed in alpha-betical order. These are followed by the key terms,again in alphabetical order.

§300.17Free appropriate public education

Free appropriate public education or FAPE meansspecial education and related services that—

(a) Are provided at public expense, underpublic supervision and direction, and withoutcharge;

(b) Meet the standards of the SEA, includingthe requirements of this part;

(c) Include an appropriate preschool, elemen-tary school, or secondary school education in theState involved; and

(d) Are provided in conformity with an indi-vidualized education program (IEP) that meetsthe requirements of §§300.320 through 300.324.

Individuals with Disabilities Education Act

Editor’s note: IDEA is the acronym for a law andhas no definition per se. Public Law 108-446 iscalled the “Individuals with Disabilities EducationImprovement Act of 2004.” Its “short title” isIndividuals with Disabilities Education Act.

§300.22Individualized education program

Individualized education program or IEP means awritten statement for a child with a disability thatis developed, reviewed, and revised in accordancewith §§300.320 through 300.324.

§§300.114—300.120Least restrictive environment

Editor’s note: IDEA’s provisions with respect toLRE are not a “definition” per se, but they arenonetheless very important to know. Theseprovisions appear in the final Part B regulations at§§300.114 through 300.120, as part of IDEA’sprovisions addressing “State Eligibility.” Theconceptual core of IDEA’s LRE provisions are at§300.114, cited below.

§300.114 LRE requirements.

(a) General. (1) Except as provided in§300.324(d)(2) (regarding children with disabili-ties in adult prisons), the State must have in effectpolicies and procedures to ensure that publicagencies in the State meet the LRE requirementsof this section and §§300.115 through 300.120.

(2) Each public agency must ensure that—

(i) To the maximum extent appropriate, chil-dren with disabilities, including children in publicor private institutions or other care facilities, areeducated with children who are nondisabled; and

(over)

FAPE

IDEA

IEP

LRE


(ii) Special classes, separate schooling, or otherremoval of children with disabilities from theregular educational environment occurs only ifthe nature or severity of the disability is such thateducation in regular classes with the use ofsupplementary aids and services cannot beachieved satisfactorily.

(b) Additional requirement—State funding mecha-nism—(1) General. (i) A State funding mechanismmust not result in placements that violate therequirements of paragraph (a) of this section; and

(ii) A State must not use a funding mechanismby which the State distributes funds on the basisof the type of setting in which a child is servedthat will result in the failure to provide a childwith a disability FAPE according to the uniqueneeds of the child, as described in the child’s IEP.

(2) Assurance. If the State does not have policiesand procedures to ensure compliance with para-graph (b)(1) of this section, the State must pro-vide the Secretary an assurance that the State willrevise the funding mechanism as soon as feasibleto ensure that the mechanism does not result inplacements that violate that paragraph.

Technical Assistance and DisseminationNetwork

Editor’s note: IDEA’s provisions with respect tothe Technical Assistance and Dissemination(TA&D) network of OSEP do not contain a“definition” of TA&D but, rather, authorize theSecretary of Education to fund projects intendedto improve the education of children withdisabilities. In Section 663 of the statute (PublicLaw 108-446), the following authorizationappears:

“(e) LINKING STATES TO INFORMATION SOURCES.—In carrying out this section, the Secretaryshall support projects that link States to



technical assistance resources, includingspecial education and general educationresources, and shall make research andrelated products available through libraries,electronic networks, parent training projects,and other information sources, includingthrough the activities of the National Centerfor Education Evaluation and RegionalAssistance established under part D of theEducation Sciences Reform Act of 2002.”

5 Key Terms, Defined

And to round out this handout on 10 keyterms in special education you should know, hereare the last 5 key terms defined, listed in alpha-betical order.

§300.8Child with a disability

(a) General. (1) Child with a disability means achild evaluated in accordance with §§300.304through 300.311 as having mental retardation, ahearing impairment (including deafness), a speechor language impairment, a visual impairment(including blindness), a serious emotional distur-bance (referred to in this part as ‘‘emotionaldisturbance’’), an orthopedic impairment, autism,traumatic brain injury, an other health impair-ment, a specific learning disability, deaf-blindness,or multiple disabilities, and who, by reasonthereof, needs special education and relatedservices.

(2)(i) Subject to paragraph (a)(2)(ii) of thissection, if it is determined, through an appropri-ate evaluation under §§300.304 through 300.311,that a child has one of the disabilities identified inparagraph (a)(1) of this section, but only needs arelated service and not special education, the childis not a child with a disability under this part.

(continued on next page)

TA&D

Term #6


(ii) If, consistent with §300.39(a)(2), therelated service required by the child is consideredspecial education rather than a related serviceunder State standards, the child would be deter-mined to be a child with a disability under para-graph (a)(1) of this section.

(b) Children aged three through nine experiencingdevelopmental delays. Child with a disability forchildren aged three through nine (or any subsetof that age range, including ages three throughfive), may, subject to the conditions described in§300.111(b) [see box below], include a child—

(1) Who is experiencing developmental delays, asdefined by the State and as measured by appro-priate diagnostic instruments and procedures, inone or more of the following areas: Physicaldevelopment, cognitive development, communi-cation development, social or emotional develop-ment, or adaptive development; and

(2) Who, by reason thereof, needs specialeducation and related services.

(c) Definitions of disability terms.The terms used in this definition ofa child with a disability are definedas follows:

(1)(i) Autism means a develop-mental disability significantlyaffecting verbal and nonverbalcommunication and social interac-tion, generally evident before agethree, that adversely affects a child’seducational performance. Othercharacteristics often associated withautism are engagement in repetitiveactivities and stereotyped move-ments, resistance to environmentalchange or change in daily routines,and unusual responses to sensoryexperiences.

(ii) Autism does not apply if achild’s educational performance isadversely affected primarily because

the child has an emotional disturbance, as definedin paragraph (c)(4) of this section.

(iii) A child who manifests the characteristics ofautism after age three could be identified ashaving autism if the criteria in paragraph (c)(1)(i)of this section are satisfied.

(2) Deaf-blindness means concomitant hearingand visual impairments, the combination ofwhich causes such severe communication andother developmental and educational needs thatthey cannot be accommodated in special educa-tion programs solely for children with deafness orchildren with blindness.

(3) Deafness means a hearing impairment that isso severe that the child is impaired in processinglinguistic information through hearing, with orwithout amplification that adversely affects achild’s educational performance.



Provisions at §300.111(b)Relevant to “Developmental Delay”

(b) Use of term developmental delay. The following provisionsapply with respect to implementing the child find requirementsof this section:

(1) A State that adopts a definition of developmental delayunder §300.8(b) determines whether the term applies to chil-dren aged three through nine, or to a subset of that age range(e.g., ages three through five).

(2) A State may not require an LEA to adopt and use the termdevelopmental delay for any children within its jurisdiction.

(3) If an LEA uses the term developmental delay for childrendescribed in §300.8(b), the LEA must conform to both theState’s definition of that term and to the age range that has beenadopted by the State.

(4) If a State does not adopt the term developmental delay, anLEA may not independently use that term as a basis for estab-lishing a child’s eligibility under this part.

(over)


(4)(i) Emotional disturbance means acondition exhibiting one or more ofthe following characteristics over along period of time and to a markeddegree that adversely affects a child’seducational performance:

(A) An inability to learn thatcannot be explained by intellectual,sensory, or health factors.

(B) An inability to build or main-tain satisfactory interpersonal relation-ships with peers and teachers.

(C) Inappropriate types of behavior or feelingsunder normal circumstances.

(D) A general pervasive mood of unhappinessor depression.

(E) A tendency to develop physical symptomsor fears associated with personal or school prob-lems.

(ii) Emotional disturbance includes schizophre-nia. The term does not apply to children who aresocially maladjusted, unless it is determined thatthey have an emotional disturbance under para-graph (c)(4)(i) of this section.

(5) Hearing impairment means an impairment inhearing, whether permanent or fluctuating, thatadversely affects a child’s educational performancebut that is not included under the definition ofdeafness in this section.

(6) Mental retardation means significantly subav-erage general intellectual functioning, existingconcurrently with deficits in adaptive behaviorand manifested during the developmental period,that adversely affects a child’s educational perfor-mance.

(7) Multiple disabilities means concomitantimpairments (such as mental retardation-blind-ness or mental retardation-orthopedic impair-ment), the combination of which causes such

severe educational needs that they cannot beaccommodated in special education programssolely for one of the impairments. Multipledisabilities does not include deaf-blindness.

(8) Orthopedic impairment means a severeorthopedic impairment that adverselyaffects a child’s educational performance.

The term includes impairments caused by acongenital anomaly, impairments caused by

disease (e.g., poliomyelitis, bone tuberculo-sis), and impairments from other causes (e.g.,

cerebral palsy, amputations, and fractures orburns that cause contractures).

(9) Other health impairment means havinglimited strength, vitality, or alertness, including aheightened alertness to environmental stimuli,that results in limited alertness with respect to theeducational environment, that—

(i) Is due to chronic or acute health problemssuch as asthma, attention deficit disorder orattention deficit hyperactivity disorder, diabetes,epilepsy, a heart condition, hemophilia, leadpoisoning, leukemia, nephritis, rheumatic fever,sickle cell anemia, and Tourette syndrome; and

(ii) Adversely affects a child’s educationalperformance.

(10) Specific learning disability—(i) General.Specific learning disability means a disorder inone or more of the basic psychological processesinvolved in understanding or in using language,spoken or written, that may manifest itself in theimperfect ability to listen, think, speak, read,write, spell, or to do mathematical calculations,including conditions such as perceptual disabili-ties, brain injury, minimal brain dysfunction,dyslexia, and developmental aphasia.

(ii) Disorders not included. Specific learningdisability does not include learning problems thatare primarily the result of visual, hearing, or motordisabilities, of mental retardation, of emotional





disturbance, or of environmental, cultural, oreconomic disadvantage.

(11) Speech or language impairment means acommunication disorder, such as stuttering,impaired articulation, a language impairment, or avoice impairment, that adversely affects a child’seducational performance.

(12) Traumatic brain injury means an acquiredinjury to the brain caused by an external physicalforce, resulting in total or partial functional dis-ability or psychosocial impairment, or both, thatadversely affects a child’s educational perfor-mance. Traumatic brain injury applies to open orclosed head injuries resulting in impairments inone or more areas, such as cognition; language;memory; attention; reasoning; abstract thinking;judgment; problem-solving; sensory, perceptual,and motor abilities; psychosocial behavior; physi-cal functions; information processing; and speech.Traumatic brain injury does not apply to braininjuries that are congenital or degenerative, or tobrain injuries induced by birth trauma.

(13) Visual impairment including blindness meansan impairment in vision that, even with correc-tion, adversely affects a child’s educational perfor-mance. The term includes both partial sight andblindness.

§300.34Related services

§300.34 Related services.

(a) General. Related services means transportationand such developmental, corrective, and othersupportive services as are required to assist a childwith a disability to benefit from special education,and includes speech-language pathology andaudiology services, interpreting services, psycho-logical services, physical and occupational therapy,recreation, including therapeutic recreation, earlyidentification and assessment of disabilities in



(over)

children, counseling services, including rehabilita-tion counseling, orientation and mobility services,and medical services for diagnostic or evaluationpurposes. Related services also include schoolhealth services and school nurse services, socialwork services in schools, and parent counselingand training.

(b) Exception; services that apply to children withsurgically implanted devices, including cochlearimplants.

(1) Related services do not include a medicaldevice that is surgically implanted, the optimiza-tion of that device’s functioning (e.g., mapping),maintenance of that device, or the replacement ofthat device.

(2) Nothing in paragraph (b)(1) of this sec-tion—

(i) Limits the right of a child with a surgicallyimplanted device (e.g., cochlear implant) toreceive related services (as listed in paragraph (a)of this section) that are determined by the IEPTeam to be necessary for the child to receive FAPE.

(ii) Limits the responsibility of a public agencyto appropriately monitor and maintain medicaldevices that are needed to maintain the healthand safety of the child, including breathing,nutrition, or operation of other bodily functions,while the child is transported to and from schoolor is at school; or

(iii) Prevents the routine checking of an exter-nal component of a surgically implanted device tomake sure it is functioning properly, as required in§300.113(b).

Editor’s note: Individual definitions of therelated services listed at §300.34(a) are providedin IDEA at §300.34(c) but have not beenincluded on this handout due to their length.

Term #7


§300.39Special education

(a) General. (1) Special education means speciallydesigned instruction, at no cost to the parents, tomeet the unique needs of a child with a disability,including—

(i) Instruction conducted in the classroom, inthe home, in hospitals and institutions, and inother settings; and

(ii) Instruction in physical education.

(2) Special education includes each of the fol-lowing, if the services otherwise meet the require-ments of paragraph (a)(1) of this section—

(i) Speech-language pathology services, or anyother related service, if the service is consideredspecial education rather than a related serviceunder State standards;

(ii) Travel training; and

(iii) Vocational education.

(b) Individual special education terms defined. Theterms in this definition are defined as follows:

(1) At no cost means that all specially-designedinstruction is provided without charge, but doesnot preclude incidental fees that are normallycharged to nondisabled students or their parentsas a part of the regular education program.

(2) Physical education means—

(i) The development of—

(A) Physical and motor fitness;

(B) Fundamental motor skills and patterns; and

(C) Skills in aquatics, dance, and individual andgroup games and sports (including intramural andlifetime sports); and

(ii) Includes special physical education, adaptedphysical education, movement education, andmotor development.

(3) Specially designed instruction means adapting,as appropriate to the needs of an eligible childunder this part, the content, methodology, ordelivery of instruction—

(i) To address the unique needs of the childthat result from the child’s disability; and

(ii) To ensure access of the child to the generalcurriculum, so that the child can meet the educa-tional standards within the jurisdiction of thepublic agency that apply to all children.

(4) Travel training means providing instruction,as appropriate, to children with significant cogni-tive disabilities, and any other children withdisabilities who require this instruction, to enablethem to—

(i) Develop an awareness of the environment inwhich they live; and

(ii) Learn the skills necessary to move effectivelyand safely from place to place within that environ-ment (e.g., in school, in the home, at work, and inthe community).

(5) Vocational education means organized educa-tional programs that are directly related to thepreparation of individuals for paid or unpaidemployment, or for additional preparation for acareer not requiring a baccalaureate or advanceddegree.

§300.42Supplementary aids and services

Supplementary aids and services means aids,services, and other supports that are provided inregular education classes, other education-related




Term #8

Term #9




settings, and in extracurricular and nonacademicsettings, to enable children with disabilities to beeducated with nondisabled children to the maxi-mum extent appropriate in accordance with§§300.114 through 300.116.

§300.43Transition services

(a) Transition services means a coordinated setof activities for a child with a disability that—

(1) Is designed to be within a results-orientedprocess, that is focused on improving the aca-demic and functional achievement of the childwith a disability to facilitate the child’s movementfrom school to post-school activities, includingpostsecondary education, vocational education,integrated employment (including supportedemployment), continuing and adult education,adult services, independent living, or communityparticipation;

(2) Is based on the individual child’s needs,taking into account the child’s strengths, prefer-ences, and interests; and includes—

(i) Instruction;

(ii) Related services;

(iii) Community experiences;

(iv) The development of employment andother post-school adult living objectives; and

(v) If appropriate, acquisition of daily livingskills and provision of a functional vocationalevaluation.

(b) Transition services for children with disabili-ties may be special education, if provided asspecially designed instruction, or a related service,if required to assist a child with a disability tobenefit from special education.

And Here’s A Bonus Term!

In addition to the brief definition of the termindividualized education program at §300.22, IDEAincludes this much longer, much more descriptivedefinition at §300.320.

§300.320 Definition of individualizededucation program.

(a) General. As used in this part, the termindividualized education program or IEP means awritten statement for each child with a disabilitythat is developed, reviewed, and revised in ameeting in accordance with §§300.320 through300.324, and that must include—

(1) A statement of the child’s present levels ofacademic achievement and functionalperformance, including—

(i) How the child’s disability affects the child’sinvolvement and progress in the generaleducation curriculum (i.e., the same curriculum asfor nondisabled children); or

(ii) For preschool children, as appropriate, howthe disability affects the child’s participation inappropriate activities;

(2)(i) A statement of measurable annual goals,including academic and functional goals designedto—

(A) Meet the child’s needs that result from thechild’s disability to enable the child to be involvedin and make progress in the general educationcurriculum; and

(B) Meet each of the child’s other educationalneeds that result from the child’s disability;

(ii) For children with disabilities who takealternate assessments aligned to alternateachievement standards, a description ofbenchmarks or short-term objectives;

(over)

Term #10


(3) A description of—

(i) How the child’s progress toward meetingthe annual goals described in paragraph (2) ofthis section will be measured; and

(ii) When periodic reports on the progress thechild is making toward meeting the annual goals(such as through the use of quarterly or otherperiodic reports, concurrent with the issuance ofreport cards) will be provided;

(4) A statement of the special education andrelated services and supplementary aids andservices, based on peer-reviewed research to theextent practicable, to be provided to the child, oron behalf of the child, and a statement of theprogram modifications or supports for schoolpersonnel that will be provided to enable thechild—

(i) To advance appropriately toward attainingthe annual goals;

(ii) To be involved in and make progress in thegeneral education curriculum in accordance withparagraph (a)(1) of this section, and to participatein extracurricular and other nonacademicactivities; and

(iii) To be educated and participate with otherchildren with disabilities and nondisabledchildren in the activities described in this section;

(5) An explanation of the extent, if any, towhich the child will not participate withnondisabled children in the regular class and inthe activities described in paragraph (a)(4) of thissection;

(6)(i) A statement of any individualappropriate accommodations that are necessary tomeasure the academic achievement and functionalperformance of the child on State and districtwideassessments consistent with §612(a)(16) of theAct; and

(ii) If the IEP Team determines that the childmust take an alternate assessment instead of aparticular regular State or districtwide assessmentof student achievement, a statement of why—

(A) The child cannot participate in the regularassessment; and

(B) The particular alternate assessment selectedis appropriate for the child; and

(7) The projected date for the beginning of theservices and modifications described in paragraph(a)(4) of this section, and the anticipatedfrequency, location, and duration of thoseservices and modifications.

(b) Transition services. Beginning not later thanthe first IEP to be in effect when the child turns16, or younger if determined appropriate by theIEP Team, and updated annually, thereafter, theIEP must include—

(1) Appropriate measurable postsecondarygoals based upon age appropriate transitionassessments related to training, education,employment, and, where appropriate,independent living skills; and

(2) The transition services (including courses ofstudy) needed to assist the child in reaching thosegoals.

(c) Transfer of rights at age of majority. Beginningnot later than one year before the child reachesthe age of majority under State law, the IEP mustinclude a statement that the child has beeninformed of the child’s rights under Part B of theAct, if any, that will transfer to the child onreaching the age of majority under §300.520.

(d) Construction. Nothing in this section shallbe construed to require—

(1) That additional information be included ina child’s IEP beyond what is explicitly required insection 614 of the Act; or

(2) The IEP Team to include information underone component of a child’s IEP that is alreadycontained under another component of thechild’s IEP.





The Technical Assistance & Dissemination (TA&D) network includes over 40 projects funded by theOffice of Special Education Programs (OSEP) at the U.S. Department of Education. These projects offerinformation and technical assistance on a broad range of disability and special education issues. Contactinformation for the projects, current as of June 2007,* is provided below. Information on the resources(publications, videos, CDs, Web sites, etc.) made available by these projects is maintained by NICHCY, theNational Dissemination Center for Children with Disabilities (an OSEP-funded TA&D project itself).Search NICHCY’s online Resource Library at: www.nichcy.org/search.htm

The list below of TA&D projects is included as a handout, courtesy of the Federal Resource Center forSpecial Education (also a TA&D project), and is divided into the following categories:

• Regional Resource and Federal Centers

• Data Management

• Deaf-Blind

• Dissemination

• Early Childhood

• Instruction/Behavior

• Leadership

• Learning Disabilities Initiative

• Minorities/Diversity

• Outcomes

• Professional Development/Personnel

• Secondary/Postsecondary

• Technical Assistance ALLIANCE for ParentCenters

• Technology

Regional Resourceand Federal Centers

North Central Regional Resource Center (NCRRC)University of Minnesota, Minneapolis, MN 55455Phone: 612.624.9722 | TTY: 800.627.3529Email: [email protected]: www.rrfcnetwork.org/ncrrc

Mountain Plains RRC (MPRRC)Utah State University, Logan, UT 84341Phone: 435.752.0238 | TTY: 435.753.9750Email: [email protected]: www.rrfcnetwork.org/mprrc

Western RRC (WRRC)University of Oregon, Eugene, OR 97403-1268Phone: 541.346.5641 | TTY: 541.346.0367Email: [email protected]: www.rrfcnetwork.org/wrrc

Federal Resource Center for Special Education(FRC), Washington, DC 20009.Phone: 202.884.8215 | TTY: 202.884.8200Email: [email protected]: www.rrfcnetwork.org

Northeast Regional Resource Center (NERRC)Williston, VT 05495.Phone: 802.951.8226 | TTY: 802.951.8213Email: [email protected]: www.rrfcnetwork.org/nerrc/* Ongoing updates of TA&D projects are available at:

http://www.rrfcnetwork.org/content/view/137/192/

*Need updated contact info for the TA&D?

The TA&D Network


Mid-South Regional Resource Center (MSRRC)University of Kentucky, Lexington, KY 40507Phone: 859.257.4921 | TTY: 859.257.2903Email: [email protected]: www.rrfcnetwork.org/msrrc

Southeast Regional Resource Center (SERRC)Auburn University, Montgomery, AL 36124-4023Phone: 334.244.3100Email: [email protected]: www.rrfcnetwork.org/serrc

Data Management

National Center for Special Education AccountabilityMonitoring (NCSEAM), Louisiana State UniversityHealth Sciences Center, New Orleans, LA 70112Phone: 504.556.7559Email: [email protected]: www.monitoringcenter.lsuhsc.edu

Technical Assistance in Data Collection, Analysis,and Report PreparationWestat, Rockville, MD 20850Phone: 888.819.7024Email: [email protected]: www.IDEAdata.org

Deaf-Blind

National Consortium on Deaf-Blindness (NCDB)Western Oregon University, Monmouth, OR 97361Phone: 800.438.9376 | TTY: 800.854.7013Email: [email protected]: www.nationaldb.org

Helen Keller National CenterSands Point, NY 11050Phone: 516.944.8900 | TTY: 516.944.8637Email: [email protected]: www.hknc.org

Dissemination

National Dissemination Center for Children withDisabilities (NICHCY), Washington, DC 20013-1492Voice/TTY: 800.695.0285; 202.884.8200Email: [email protected]: www.nichcy.org

Reading RocketsWETA, Arlington, VA 22206Phone: 703.998.2001Email: [email protected]: readingrockets.org

Early Childhood

Center for Early Literacy LearningAsheville, NC 28806Phone: (828) 255-0470Email: [email protected]

National Early Childhood Technical AssistanceCenter (NECTAC)University of North Carolina, Chapel Hill, NC 27599Phone: 919.962.2001 | TTY: 919.843.3269Email: [email protected]: www.nectac.org

Instruction/Behavior

The Access Center: Improving Outcomes for AllStudents K-8Washington, DC 20007-3835Phone: 202.403.5300 | TTY: 877.334.3499Email: [email protected]: www.k8accesscenter.org

Center on Positive Behavioral Interventions andSupports (PBIS)University of Oregon, Eugene, OR 97403Phone: 541.346.2505Email: [email protected]: www.pbis.org


The TA&D Network



National Center on Student Progress MonitoringWashington, DC 20007Phone: 866.770.6111 | TTY: 877.334.3499Email: [email protected]: www.studentprogress.org

National Institute for Urban School ImprovementUniversity of Colorado, Denver, CO 80204Phone: 303.556.3990Email: [email protected]: www.urbanschools.org

Consortium for Appropriate Dispute Resolution inSpecial Education (CADRE)Eugene, OR 97405-0906Phone: 541.686.5060Toll-free: 800.695.0285 (NICHCY)Email: [email protected]: www.directionservice.org/cadre

Project ForumNational Association of State Directors of SpecialEducation (NASDSE), Alexandria, VA 22314-2840Phone: 703.519.3800Email: [email protected]: www.projectforum.org

Leadership

IDEA PartnershipNational Association of State Directors of SpecialEducation (NASDSE), Alexandria, VA 22314-2840Phone: 877.IDEA.INFO; 703.519.3800TDD: 703.519.7008Email: [email protected]: www.ideapartnership.org

NIUSI-LeadScape, The Principal ProfessionalDevelopment CenterArizona State University, Tempe, AZ 85287-2011Phone: 480. 727-8642Email: [email protected]

Learning Disabilities Initiative

National Research Center on Learning Disabilities(NRCLD)Vanderbilt University, Nashville, TN 37203-5701Phone: 615.322.8150Email: [email protected]: nrcld.org

Minorities/Diversity

Linking Academic Scholars to Educational Resources(Project LASER)University of South Florida, Tampa, FL 33620Phone: 813.974.3195Email: [email protected]: www.coedu.usf.edu/laser

National Center for Culturally Responsive Educa-tional Systems (NCCRESt)University of Colorado, Denver, CO 80204Phone: 303.556.3990Email: [email protected]: www.nccrest.org

National Center for Personnel Preparation in SpecialEducation at Minority Institutions of Higher Educa-tion (Monarch Center)University of Illinois, Chicago, IL 60608Phone: 866.323.7648Email: [email protected]: www.monarchcenter.org

Outcomes

The Early Childhood Outcomes CenterSRI International, Menlo Park, CA 94025-3493Phone: 530.758.7483Email: [email protected]: www.the-eco-center.org

National Center on Educational Outcomes (NCEO)University of Minnesota, Minneapolis, MN 55455Phone: 612.626.1530Email: [email protected]: www.nceo.info


The TA&D Network

(over)


National Post-School Outcomes CenterUniversity of Oregon, Eugene, OR 97403-1268Phone: 541.346.5641 | TTY: 541.346.0367Email: [email protected]: psocenter.org

Professional Development/Personnel

Center for Improving Teacher QualityCouncil of the Chief State School Officers, Washington,DC 20001-1431Phone: 202.336.7058Email: [email protected]: www.centerforteacherquality.org

IRIS Center for Faculty EnhancementVanderbilt University, Nashville, TN 37203Phone: 866.831.6134Email: [email protected]: iris.peabody.vanderbilt.edu

National Center for Special Education Personneland Related Service Providers (Personnel Center)National Association of State Directors of SpecialEducation (NASDSE), Alexandria, VA 22314Phone: 866.BECOME1Email: [email protected]: www.personnelcenter.org

National Professional Development Center onInclusion (NPDCI)University of North Carolina, Chapel Hill, NC 27599Phone: 919.843.5418Email: [email protected]: www.fpg.unc.edu/~npdci/

Professional Development in Autism (PDA) CenterUniversity of Washington, Seattle, WA 98195Phone: 206.543.4011Email: [email protected]: www.pdacenter.org

Secondary/Postsecondary

National Dropout Prevention Center for Studentswith DisabilitiesClemson University, Clemson, SC 29631-1555Phone: 864.656.2599Email: [email protected]: www.ndpc-sd.org

National Secondary Transition Technical AssistanceCenterUNC Charlotte, Charlotte, NC 28223-0001Phone: 704.687.8606Email: [email protected]: www.nsttac.org

Northeast Regional CenterRochester Institute of Technology, Rochester, NY 14623Phone: 585.475.6433 | TTY: 585.475.6433Email: [email protected]: www.netac.rit.edu

PEPNet MidwestSaint Paul College, St. Paul, MN 55102Phone: 651.846.1337 | TTY: 651.846.1537Email: [email protected]: www.pepnet.org

PEPNet-SouthUniversity of Tennessee, Knoxville, TN 37996-3442Phone: 865.974.0607 | TTY: 865.974.0607Email: [email protected]: www.pepnet.org

PEPNet-WestCalifornia State University, Northridge, CA 91330Phone: 888.684.4695TTY: 888.684.4695; 818.677.2099Email: [email protected]: www.pepnet.org


The TA&D Network



Technical Assistance ALLIANCE forParent Centers

National Technical Assistance CenterPACER Center, Minneapolis, MN 55437-1044Phone: 952.838.9000 | TTY: 952.838.0190Email: [email protected]: www.taalliance.org

Statewide Parent Advocacy Network (SPAN)Newark, NJ 07102Phone: 973.642.8100Email: [email protected]: www.neparentcenters.org

Exceptional Children’s Assistance Center (ECAC)Davidson, NC 28036Phone: 800.962.6817Email: [email protected]: www.ecac-parentcenter.org

Ohio Coalition for the Education of Children withDisabilities (OCECD)Marion, OH 43302-3741Phone: 800.374.2806Email: [email protected]: www.ocecd.org

PEAK Parent CenterColorado Springs, CO 80903Phone: 719.531.9400Email: [email protected]: www.peakparent.org

Matrix Parent Network and Resource CenterNovato, CA 94949Phone: 415.884.3535Email: [email protected]: www.matrixparents.org

Technology

Center for Implementing Technology in EducationWashington, DC 20007-3835Phone: 202.403.5000 | fax: 202.403.5001Email: [email protected]: www.citeducation.org

Family Center on Technology and Disability (FCTD)Academy for Educational Development, Washington,DC 20009-5721Phone: 202.884.8068Email: [email protected]: www.fctd.info

NIMAS Development and Technical AssistanceCentersCAST, Wakefield, MA 01880Phone: 781.245.2212 | TTY: 781.245.9320Email: [email protected]: nimas.cast.org


The TA&D Network




Handout A-5

Roll Over Beethoven

Instructions: Answer the questions below. Then talk with a partner about the answers each of you gave.

1. What does the acronym IDEA stand for?

2. Which of the following illustrations best describes how much you know aboutrequirements in IDEA ‘97?

3. Rate your knowledge of IDEA in these specific areas:

A—IDEA’s Definitions of Disabilities

B—What IDEA requires when evaluating children to determine if they have a disability and, by reasonthereof, need special education and related services

C—What IDEA requires when developing an IEP for a child with a disability

4. What’s the main reason you need to know how IDEA has changed? (In other words, how does yourwork or life intersect with IDEA’s requirements?)

A B C D

Call me theAtlantic Ocean

One drip fromthe faucet

A teacupful A bucketful I’m theRio Grande










(over)

§300.8 Child with a disability.

(a) General. (1) Child with adisability means a child evaluated inaccordance with §§300.304 through300.311 as having...

(b) Children aged three through nineexperiencing developmental delays...

(c) Definitions of disability terms.The terms used in this definition of achild with a disability are defined as follows:

(9) Other health impairment means havinglimited strength, vitality, or alertness, including aheightened alertness to environmental stimuli,that results in limited alertness with respect to theeducational environment, that—

(i) Is due to chronic or acute health problemssuch as asthma, attention deficit disorder orattention deficit hyperactivity disorder, diabetes,epilepsy, a heart condition, hemophilia, leadpoisoning, leukemia, nephritis, rheumatic fever,sickle cell anemia, and Tourette syndrome; and

(ii) Adversely affects a child’s educationalperformance.

§300.34 Related services.

(a) General. Related services means transportationand such developmental, corrective, and othersupportive services as are required to assist a childwith a disability to benefit from special education,and includes speech-language pathology andaudiology services, interpreting services, psycho-logical services, physical and occupational therapy,recreation, including therapeutic recreation, earlyidentification and assessment of disabilities in



Changes in IDEA’s Definitions

children, counseling services, includingrehabilitation counseling, orientationand mobility services, and medicalservices for diagnostic or evaluationpurposes. Related services also includeschool health services and school nurseservices, social work services in schools,and parent counseling and training.

(b) Exception; services that apply tochildren with surgically implanted devices,including cochlear implants.

(1) Related services do not include a medicaldevice that is surgically implanted, the optimiza-tion of that device’s functioning (e.g., mapping),maintenance of that device, or the replacement ofthat device.

(2) Nothing in paragraph (b)(1) of this sec-tion—

(i) Limits the right of a child with a surgicallyimplanted device (e.g., cochlear implant) toreceive related services (as listed in paragraph (a)of this section) that are determined by the IEPTeam to be necessary for the child to receive FAPE.

(ii) Limits the responsibility of a public agencyto appropriately monitor and maintain medicaldevices that are needed to maintain the healthand safety of the child, including breathing,nutrition, or operation of other bodily functions,while the child is transported to and from schoolor is at school; or

(iii) Prevents the routine checking of an exter-nal component of a surgically implanted device tomake sure it is functioning properly, as required in§300.113(b).





§300.18 Highly qualified specialeducation teachers.

(a) Requirements for specialeducation teachers teaching coreacademic subjects. For any publicelementary or secondary schoolspecial education teacher teachingcore academic subjects, the termhighly qualified has the meaninggiven the term in section 9101 of the ESEA and 34CFR 200.56, except that the requirements forhighly qualified also—

(1) Include the requirements described inparagraph (b) of this section; and

(2) Include the option for teachers to meet therequirements of section 9101 of the ESEA bymeeting the requirements of paragraphs (c) and(d) of this section.

(b) Requirements for special education teachers ingeneral. (1) When used with respect to any publicelementary school or secondary school specialeducation teacher teaching in a State, highlyqualified requires that—

(i) The teacher has obtained full State certifica-tion as a special education teacher (includingcertification obtained through alternative routesto certification), or passed the State special educa-tion teacher licensing examination, and holds alicense to teach in the State as a special educationteacher, except that when used with respect to anyteacher teaching in a public charter school, highlyqualified means that the teacher meets the certifi-cation or licensing requirements, if any, set forthin the State’s public charter school law;

(ii) The teacher has not had special educationcertification or licensure requirements waived onan emergency, temporary, or provisional basis;and

(iii) The teacher holds at least a bachelor’sdegree.

(2) A teacher will be consideredto meet the standard in paragraph(b)(1)(i) of this section if thatteacher is participating in analternative route to specialeducation certification programunder which—

(i) The teacher—

(A) Receives high-quality professional develop-ment that is sustained, intensive, and classroom-focused in order to have a positive and lastingimpact on classroom instruction, before and whileteaching;

(B) Participates in a program of intensivesupervision that consists of structured guidanceand regular ongoing support for teachers or ateacher mentoring program;

(C) Assumes functions as a teacher only for aspecified period of time not to exceed three years;and

(D) Demonstrates satisfactory progress towardfull certification as prescribed by the State; and

(ii) The State ensures, through its certificationand licensure process, that the provisions inparagraph (b)(2)(i) of this section are met.

(3) Any public elementary school or secondaryschool special education teacher teaching in aState, who is not teaching a core academic subject,is highly qualified if the teacher meets the require-ments in paragraph (b)(1) or the requirements in(b)(1)(iii) and (b)(2) of this section.

(c) Requirements for special education teachersteaching to alternate achievement standards. Whenused with respect to a special education teacherwho teaches core academic subjects exclusively tochildren who are assessed against alternateachievement standards established under 34 CFR


200.1(d), highly qualified means theteacher, whether new or not new tothe profession, may either—

(1) Meet the applicable require-ments of section 9101 of the ESEAand 34 CFR 200.56 for any elemen-tary, middle, or secondary schoolteacher who is new or not new to theprofession; or

(2) Meet the requirements of paragraph (B) or(C) of section 9101(23) of the ESEA as applied toan elementary school teacher, or, in the case ofinstruction above the elementary level, meet therequirements of paragraph (B) or (C) of section9101(23) of the ESEA as applied to an elementaryschool teacher and have subject matter knowledgeappropriate to the level of instruction beingprovided and needed to effectively teach to thosestandards, as determined by the State.

(d) Requirements for special education teachersteaching multiple subjects. Subject to paragraph (e)of this section, when used with respect to aspecial education teacher who teaches two ormore core academic subjects exclusively to chil-dren with disabilities, highly qualified means thatthe teacher may either—

(1) Meet the applicable requirements of section9101 of the ESEA and 34 CFR 200.56(b) or (c);

(2) In the case of a teacher who is not new tothe profession, demonstrate competence in all thecore academic subjects in which the teacherteaches in the same manner as is required for anelementary, middle, or secondary school teacherwho is not new to the profession under 34 CFR200.56(c) which may include a single, high objec-tive uniform State standard of evaluation(HOUSSE) covering multiple subjects; or

(3) In the case of a new special educationteacher who teaches multiple subjects and who ishighly qualified in mathematics, language arts, or

science, demonstrate, not later thantwo years after the date of employ-ment, competence in the other coreacademic subjects in which theteacher teaches in the same manneras is required for an elementary,middle, or secondary school teacherunder 34 CFR 200.56(c), which mayinclude a single HOUSSE coveringmultiple subjects.

(e) Separate HOUSSE standards for special educa-tion teachers. Provided that any adaptations of theState’s HOUSSE would not establish a lowerstandard for the content knowledge requirementsfor special education teachers and meets all therequirements for a HOUSSE for regular educationteachers—

(1) A State may develop a separate HOUSSE forspecial education teachers; and

(2) The standards described in paragraph (e)(1)of this section may include single HOUSSE evalu-ations that cover multiple subjects.

(f) Rule of construction. Notwithstanding anyother individual right of action that a parent orstudent may maintain under this part, nothing inthis part shall be construed to create a right ofaction on behalf of an individual student or classof students for the failure of a particular SEA orLEA employee to be highly qualified, or to pre-vent a parent from filing a complaint under§§300.151 through 300.153 about staff qualifica-tions with the SEA as provided for under this part.

(g) Applicability of definition to ESEA; and clarifi-cation of new special education teacher. (1) A teacherwho is highly qualified under this section isconsidered highly qualified for purposes of theESEA.

(2) For purposes of §300.18(d)(3), a fullycertified regular education teacher who subse-quently becomes fully certified or licensed as a





special education teacher is a new specialeducation teacher when first hired as aspecial education teacher.

(h) Private school teachers not covered. Therequirements in this section do not applyto teachers hired by private elementaryschools and secondary schools includingprivate school teachers hired or contractedby LEAs to provide equitable services toparentally-placed private school childrenwith disabilities under §300.138.

§300.10 Core academic subjects.

Core academic subjects means English,reading or language arts, mathematics,science, foreign languages, civics and gov-ernment, economics, arts, history, andgeography.

§300.35 Scientifically basedresearch.

Scientifically based research has the mean-ing given the term in section 9101(37) of theESEA.

ESEA’s Definition ofScientifically Based Research

Scientifically based research—

(a) Means research that involves the applica-tion of rigorous, systematic, and objective proce-dures to obtain reliable and valid knowledgerelevant to education activities and programs; and

(b) Includes research that—

1. Employs systematic, empirical methods thatdraw on observation or experiment;

2. Involves rigorous data analyses that areadequate to test the stated hypotheses and justifythe general conclusions drawn;

3. Relies on measurements or observationalmethods that provide reliable and valid dataacross evaluators and observers, across multiplemeasurements and observations, and acrossstudies by the same or different investigators;

4. Is evaluated using experimental or quasi-experimental designs in which individuals,entities, programs, or activities are assigned todifferent conditions and with appropriatecontrols to evaluate the effects of the condition ofinterest, with a preference for random-assignmentexperiments, or other designs to the extent thatthose designs contain within-condition or across-condition controls;

5. Ensures that experimental studies are presentedin sufficient detail and clarity to allow for replica-tion or, at a minimum, offer the opportunity tobuild systematically on their findings; and

6. Has been accepted by a peer-reviewed journalor approved by a panel of independent expertsthrough a comparably rigorous, objective, andscientific review.




§300.226 Early intervening services.

(a) General. An LEA may not usemore than 15 percent of the amountthe LEA receives under Part B of the Actfor any fiscal year, less any amountreduced by the LEA pursuant to§300.205, if any, in combination withother amounts (which may includeamounts other than education funds),to develop and implement coordi-nated, early intervening services, whichmay include interagency financing structures, forstudents in kindergarten through grade 12 (with aparticular emphasis on students in kindergartenthrough grade three) who are not currently identi-fied as needing special education or related ser-vices, but who need additional academic andbehavioral support to succeed in a general educa-tion environment. (See Appendix D for examplesof how §300.205(d), regarding local maintenanceof effort, and §300.226(a) affect one another.)

(b) Activities. In implementing coordinated,early intervening services under this section, anLEA may carry out activities that include—

(1) Professional development (which may beprovided by entities other than LEAs) for teachersand other school staff to enable such personnelto deliver scientifically based academic and behav-ioral interventions, including scientifically basedliteracy instruction, and, where appropriate,instruction on the use of adaptive and instruc-tional software; and

Handout A-7


Early Intervening Services

(2) Providing educational andbehavioral evaluations, services, andsupports, including scientifically basedliteracy instruction.

(c) Construction. Nothing in thissection shall be construed to eitherlimit or create a right to FAPE underPart B of the Act or to delay appropri-ate evaluation of a child suspected ofhaving a disability.

(d) Reporting. Each LEA that devel-ops and maintains coordinated, early interveningservices under this section must annually report tothe SEA on—

(1) The number of children served under thissection who received early intervening services;and

(2) The number of children served under thissection who received early intervening services andsubsequently receive special education and relatedservices under Part B of the Act during the preced-ing two year period.

(e) Coordination with ESEA. Funds made avail-able to carry out this section may be used to carryout coordinated, early intervening services alignedwith activities funded by, and carried out underthe ESEA if those funds are used to supplement,and not supplant, funds made available under theESEA for the activities and services assisted underthis section.




Handout A-8


Key Changes in Evaluation Provisions

Evaluations and Reevaluations

§300.301 Initial evaluations.

(a) General. Each public agency must conduct afull and individual initial evaluation, in accor-dance with §§300.305 and 300.306, before theinitial provision of special education and relatedservices to a child with a disability under this part.

(b) Request for initial evaluation. Consistent withthe consent requirements in §300.300, either aparent of a child or a public agency may initiate arequest for an initial evaluation to determine ifthe child is a child with a disability.

(c) Procedures for initial evaluation. The initialevaluation—

(1)(i) Must be conducted within 60 days ofreceiving parental consent for the evaluation; or

(ii) If the State establishes a timeframe withinwhich the evaluation must be conducted, withinthat timeframe; and

(2) Must consist of procedures—

(i) To determine if the child is a child with adisability under §300.8; and

(ii) To determine the educational needs of thechild.

(d) Exception. The timeframe described inparagraph (c)(1) of this section does not apply toa public agency if—

(1) The parent of a child repeatedly fails orrefuses to produce the child for the evaluation; or

(2) A child enrolls in a school of another publicagency after the relevant timeframe in paragraph(c)(1) of this section has begun, and prior to a

determination by the child’s previous publicagency as to whether the child is a child with adisability under §300.8.

(e) The exception in paragraph (d)(2) of thissection applies only if the subsequent publicagency is making sufficient progress to ensure aprompt completion of the evaluation, and theparent and subsequent public agency agree to aspecific time when the evaluation will be com-pleted.

§300.307 Specific learning disabilities.

(a) General. A State must adopt, consistent with§300.309, criteria for determining whether a childhas a specific learning disability as defined in§300.8(c)(10). In addition, the criteria adopted bythe State—

(1) Must not require the use of a severe dis-crepancy between intellectual ability and achieve-ment for determining whether a child has aspecific learning disability, as defined in§300.8(c)(10);

(2) Must permit the use of a process based onthe child’s response to scientific, research-basedintervention; and

(3) May permit the use of other alternative

(over)


research-based procedures for determiningwhether a child has a specific learning disability, asdefined in §300.8(c)(10).

(b) Consistency with State criteria. A publicagency must use the State criteria adopted pursu-ant to paragraph (a) of this section in determiningwhether a child has a specific learning disability.

§300.303 Reevaluations.

(a) General. A publicagency must ensure that areevaluation of each childwith a disability is con-ducted in accordance with§§300.304 through 300.311—

(1) If the public agency determines that theeducational or related services needs, includingimproved academic achievement and functionalperformance, of the child warrant a reevaluation;or

(2) If the child’s parent or teacher requests areevaluation.

(b) Limitation. A reevaluation conducted underparagraph (a) of this section—

(1) May occur not more than once a year,unless the parent and the public agency agreeotherwise; and

(2) Must occur at least once every 3 years,unless the parent and the public agency agree thata reevaluation is unnecessary.

§300.502 Independent educational



evaluation.

(a) General. (1) The parents of a child with adisability have the right under this part to obtainan independent educational evaluation of thechild, subject to paragraphs (b) through (e) ofthis section.

(2) Each public agency must provide to parents,upon request for an independent educationalevaluation, information about where an indepen-dent educational evaluation may be obtained,and the agency criteria applicable for independenteducational evaluations as set forth in paragraph(e) of this section.

(3) For the purposes of this subpart—

(i) Independent educational evaluation means anevaluation conducted by a qualified examinerwho is not employed by the public agency re-sponsible for the education of the child in ques-tion; and

(ii) Public expense means that the public agencyeither pays for the full cost of the evaluation orensures that the evaluation is otherwise providedat no cost to the parent, consistent with §300.103.

(b) Parent right to evaluation at public expense. (1)A parent has the right to an independent educa-tional evaluation at public expense if the parentdisagrees with an evaluation obtained by thepublic agency, subject to the conditions inparagraphs (b)(2) through (4) of this section.

(2) If a parent requests anindependent educationalevaluation at publicexpense, the publicagency must, withoutunnecessary delay,either—

(i) File a due process



complaint to request a hearing to showthat its evaluation is appropriate; or

(ii) Ensure that an independenteducational evaluation is provided atpublic expense, unless the agencydemonstrates in a hearing pursuant to§§300.507 through 300.513 that theevaluation obtained by the parent didnot meet agency criteria.

(3) If the public agency files a dueprocess complaint notice to request a hearing andthe final decision is that the agency’s evaluation isappropriate, the parent still has the right to anindependent educational evaluation, but not atpublic expense.

(4) If a parent requests an independent educa-tional evaluation, the public agency may ask forthe parent’s reason why he or she objects to thepublic evaluation. However, the public agencymay not require the parent to provide an explana-tion and may not unreasonably delay eitherproviding the independent educational evaluationat public expense or filing a due process com-plaint to request a due process hearing to defendthe public evaluation.

(5) A parent is entitled to only one indepen-dent educational evaluation at public expenseeach time the public agency conducts an evalua-tion with which the parent disagrees.

(c) Parent-initiated evaluations. If theparent obtains an independent educa-tional evaluation at public expense orshares with the public agency anevaluation obtained at private ex-pense, the results of the evaluation—

(1) Must be considered by the publicagency, if it meets agency criteria, in

any decision made with respect to theprovision of FAPE to the child; and

(2) May be presented by any party as evidenceat a hearing on a due process complaint undersubpart E of this part regarding that child.

(d) Requests for evaluations by hearing officers. If ahearing officer requests an independent educa-tional evaluation as part of a hearing on a dueprocess complaint, the cost of the evaluationmust be at public expense.

(e) Agency criteria. (1) If an independent educa-tional evaluation is at public expense, the criteriaunder which the evaluation is obtained, includingthe location of the evaluation and the qualifica-tions of the examiner, must be the same as thecriteria that the public agency uses when it ini-tiates an evaluation, to the extent those criteria areconsistent with the parent’s right to an indepen-dent educational evaluation.

(2) Except for the criteria described in paragraph(e)(1) of this section, a public agency may notimpose conditions or timelines related to obtain-ing an independent educational evaluation atpublic expense.






Handout A-9


Key Changes in IEP Provisions

Excusing a Member of the IEP Teamfrom Attending an IEP

Meeting in Whole or in Part:§300.321(e)

(e) IEP Team attendance.(1) A member of the IEP Teamdescribed in paragraphs (a)(2) through(a)(5) of this section is not required toattend an IEP Team meeting, in wholeor in part, if the parent of a child with adisability and the public agency agree, in writing,that the attendance of the member is notnecessary because the member’s area of thecurriculum or related services is not beingmodified or discussed in the meeting.

(2) A member of the IEP Team described inparagraph (e)(1) of this section may be excusedfrom attending an IEP Team meeting, in whole orin part, when the meeting involves a modificationto or discussion of the member’s area of thecurriculum or related services, if—

(i) The parent, in writing, and the public agencyconsent to the excusal; and

(ii) The member submits, in writing to theparent and the IEP Team, input into thedevelopment of the IEP prior to the meeting.

New Provisions in IDEA 2004:Amending the IEP Without Meeting:

§300.324(a)(4) and (6)

(4) Agreement. (i) In making changes to a child’sIEP after the annual IEP Team meeting for aschool year, the parent of a child with a disabilityand the public agency may agree not to convenean IEP Team meeting for the purposes of makingthose changes, and instead may develop a writtendocument to amend or modify the child’s currentIEP.

(ii) If changes are made to the child’sIEP in accordance with paragraph(a)(4)(i) of this section, the publicagency must ensure that the child’s IEPTeam is informed of those changes.

(5) ...

(6) Amendments. Changes to the IEPmay be made either by the entire IEPTeam at an IEP Team meeting, or as

provided in paragraph (a)(4) of this section, byamending the IEP rather than by redrafting theentire IEP. Upon request, a parent must be pro-vided with a revised copy of the IEP with theamendments incorporated.

New Provisions in IDEA 2004:Content of the IEP

at §§300.320(a)(1), (a)(2)(ii), and (b)

§300.320 Definition of individualizededucation program.

(a) General. As used in this part, the termindividualized education program or IEP means awritten statement for each child with a disabilitythat is developed, reviewed, and revised in ameeting in accordance with §§300.320 through300.324, and that must include—

(1) A statement of the child’s present levels ofacademic achievement and functionalperformance, including—

(i) How the child’s disability affects the child’sinvolvement and progress in the generaleducation curriculum (i.e., the same curriculum asfor nondisabled children); or

(ii) For preschool children, as appropriate, howthe disability affects the child’s participation inappropriate activities;

(2)(i) A statement of measurable annual goals,(over)


including academic and functional goals designedto—

(A) Meet the child’s needs that result from thechild’s disability to enable the child to be involvedin and make progress in the general educationcurriculum; and

(B) Meet each of the child’s other educationalneeds that result from the child’s disability;

(ii) For children with disabilities who takealternate assessments aligned to alternateachievement standards, a description ofbenchmarks or short-term objectives;

(b) Transition services. Beginning not later thanthe first IEP to be in effect when the child turns16, or younger if determined appropriate by theIEP Team, and updated annually, thereafter, theIEP must include—

(1) Appropriate measurable postsecondarygoals based upon age appropriate transitionassessments related to training, education,employment, and, where appropriate,independent living skills; and

(2) The transition services (including courses ofstudy) needed to assist the child in reaching thosegoals.

NIMAS Provisions in IDEA 2004Relevant to IEP Development:

§300.172

§300.172 Access to instructional materials.

(a) General. The State must—

(1) Adopt the National Instructional MaterialsAccessibility Standard (NIMAS), published asappendix C to part 300, for the purposes ofproviding instructional materials to blind personsor other persons with print disabilities, in a timelymanner after publication

of the NIMAS in theFederal Register onJuly 19, 2006 (71 FR 41084); and

(2) Establish a State definition of ‘‘timelymanner’’ for purposes of paragraphs (b)(2) and(b)(3) of this section if the State is not coordinat-ing with the National Instructional MaterialsAccess Center (NIMAC) or (b)(3) and (c)(2) ofthis section if the State is coordinating with theNIMAC.

(b) Rights and responsibilities of SEA. (1) Nothingin this section shall be construed to require anySEA to coordinate with the NIMAC.

(2) If an SEA chooses not to coordinate withthe NIMAC, the SEA must provide an assurance tothe Secretary that it will provide instructionalmaterials to blind persons or other persons withprint disabilities in a timely manner.

(3) Nothing in this section relieves an SEA ofits responsibility to ensure that children withdisabilities who need instructional materials inaccessible formats, but are not included under thedefinition of blind or other persons with printdisabilities in §300.172(e)(1)(i) or who needmaterials that cannot be produced from NIMASfiles, receive those instructional materials in atimely manner.

(4) In order to meet its responsibility underparagraphs (b)(2), (b)(3), and (c) of this sectionto ensure that children with disabilities who needinstructional materials in accessible formats areprovided those materials in a timely manner, theSEA must ensure that all public agencies take allreasonable steps to provide instructional materialsin accessible formats to children with disabilitieswho need those instructional materials at thesame time as other children receive instructionalmaterials.





(c) Preparation and delivery of files. If an SEAchooses to coordinate with the NIMAC, as ofDecember 3, 2006, the SEA must—

(1) As part of any print instructional materialsadoption process, procurement contract, or otherpractice or instrument used for purchase of printinstructional materials, must enter into a writtencontract with the publisher of the print instruc-tional materials to—

(i) Require the publisher to prepare and, on orbefore delivery of the print instructional materials,provide to NIMAC electronic files containing thecontents of the print instructional materials usingthe NIMAS; or

(ii) Purchase instructional materials from thepublisher that are produced in, or may be ren-dered in, specialized formats.

(2) Provide instructional materials to blindpersons or other persons with print disabilities ina timely manner.

(d) Assistive technology. In carrying out thissection, the SEA, to the maximum extent possible,must work collaboratively with the State agencyresponsible for assistive technology programs.

(e) Definitions. (1) In this section and§300.210—

(i) Blind persons or other persons with print dis-abilities means children served under this part whomay qualify to receive books and other publica-tions produced in specialized formats in accor-dance with the Act entitled ‘‘An Act to providebooks for adult blind,’’ approved March 3, 1931, 2U.S.C 135a;

(ii) National Instructional Materials Access Centeror NIMAC means the center established pursuantto section 674(e) of the Act;

(iii) National Instructional Materials AccessibilityStandard or NIMAS has the meaning given theterm in section 674(e)(3)(B) of the Act;

(iv) Specialized formats has the meaning giventhe term in section 674(e)(3)(D) of the Act.

(2) The definitions in paragraph(e)(1) of this section apply to eachState and LEA, whether or not theState or LEA chooses to coordinatewith the NIMAC.

Definitions Referencedin NIMAS Provisions

Blind Persons or Other Persons with Print Disabilities

The Library of Congress regulations (36 CFR701.6(b)(1)) related to the Act to Provide Booksfor the Adult Blind (approved March 3, 1931, 2U.S.C. 135a) provide that blind persons or otherpersons with print disabilities include:

(i) Blind persons whose visual acuity, as deter-mined by competent authority, is 20/200 or lessin the better eye with correcting glasses, or whosewidest diameter if visual field subtends an angulardistance no greater than 20 degrees.

(ii) Persons whose visual disability, with correc-tion and regardless of optical measurement, iscertified by competent authority as preventing thereading of standard printed material.

(iii) Persons certified by competent authority asunable to read or unable to use standard printedmaterial as a result of physical limitations.

(iv) Persons certified by competent authority ashaving a reading disability resulting from organicdysfunction and of sufficient severity to preventtheir reading printed material in a normal manner.(71 Fed. Reg. at 46621)



(over)


Competent Authority

Competent authority is defined in 36 CFR701.6(b)(2) as follows:

(i) In cases of blindness, visual disability,or physical limitations ‘‘competent authority’’is defined to include doctors of medicine,doctors of osteopathy, ophthalmologists,optometrists, registered nurses, therapists,professional staff of hospitals, institutions,and public or welfare agencies (e.g., socialworkers, case workers, counselors, rehabilita-tion teachers, and superintendents).

(ii) In the case of a reading disability fromorganic dysfunction, competent authority isdefined as doctors of medicine who mayconsult with colleagues in associated disci-plines. (71 Fed. Reg. at 46621)

Printed Instructional Materials

(C) PRINTED INSTRUCTIONAL MATERIALS.—The term‘print instructional materials’ means printedtextbooks and related printed core materialsthat are written and published primarily foruse in elementary school and secondaryschool instruction and are required by a Stateeducational agency or local educationalagency for use by students in the classroom.[Section 674(e)(3)(c) of Public Law 108-446]



Sources of AdditionalInformation on NIMAS

NIMAS Development & Technical AssistanceCenters, http://nimas.cast.org/

U.S. Department of Education, Office of SpecialEducation Programs’ (OSEP’s) IDEA Web Site,http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CTopicalArea%2C10%2C

Sources of AdditionalInformation on Modified Academic

Achievement Standards and Assessments

Regulations on Alternate Assessment Based onModified Academic Achievement Standards,http://www.ed.gov/legislation/FedRegister/finrule/2007-2/040907a.html

Department’s Non-Regulatory Guidancehttp://www.ed.gov/policy/speced/guid/nclb/twopercent.doc

Fact Sheethttp://www.ed.gov/parents/needs/speced/twopercent.html


Handout A-10


Key Changes in IDEA’s “Parentally-Placed” Provisions

§300.130 Definition ofparentally-placed privateschool children withdisabilities.

Parentally-placed privateschool children with dis-abilities means children withdisabilities enrolled by theirparents in private, includingreligious, schools or facilities that meet the defini-tion of elementary school in §300.13 or secondaryschool in §300.36, other than children withdisabilities covered under §§300.145 through300.147.

§300.131 Child find for parentally-placedprivate school children with disabilities.

(a) General. Each LEA must locate, identify, andevaluate all children with disabilities who areenrolled by their parents in private, includingreligious, elementary schools and secondaryschools located in the school district served by theLEA, in accordance with paragraphs (b) through(e) of this section, and §§300.111 and 300.201.

...

(f) Out-of-State children. Each LEA in whichprivate, including religious, elementary schoolsand secondary schools are located must, in carry-ing out the child find requirements in thissection, include parentally-placedprivate school children who residein a State other than the State inwhich the private schools thatthey attend are located.

§300.132 Provision ofservices for parentally-

placed private schoolchildren with disabilities-basic requirement.

(a) General. To the extentconsistent with the numberand location of childrenwith disabilities who areenrolled by their parents inprivate, including religious,

elementary schools and secondary schools locatedin the school district served by the LEA, provisionis made for the participation of those children inthe program assisted or carried out under Part Bof the Act by providing them with special educa-tion and related services, including direct servicesdetermined in accordance with §300.137, unlessthe Secretary has arranged for services to thosechildren under the by-pass provisions in§§300.190 through 300.198.

§300.133 Expenditures.

(a) Formula. To meet the requirement of§300.132(a), each LEA must spend the followingon providing special education and related ser-vices (including direct services) to parentallyplaced private school children with disabilities...

...

(b) Calculating proportionate amount. In calculatingthe proportionate amount of Federal funds to be

provided for parentally-placedprivate school children with

disabilities, the LEA, aftertimely and meaningfulconsultation with represen-tatives of private schoolsunder §300.134, mustconduct a thorough andcomplete child find processto determine the number of

Key Phrases Mark Key Changes

Each LEA in which private, includingreligious, elementary schools andsecondary schools are located must...

(over)


parentally-placed childrenwith disabilities attendingprivate schools located inthe LEA. (See Appendix Bfor an example of howproportionate share iscalculated)....

...

(c) Annual count of thenumber of parentally-placedprivate school children with disabilities. (1) Each LEAmust—

(i) After timely and meaningful consultationwith representatives of parentally-placed privateschool children with disabilities (consistent with§300.134), determine the number of parentally-placed private school children with disabilitiesattending private schools located in the LEA;and...

...

§300.134 Consultation.

To ensure timely and meaningful consultation,an LEA, or, if appropriate, an SEA, must consultwith private school representatives and represen-tatives of parents of parentally-placed privateschool children with disabilities during the designand development of special education and relatedservices for the children...

...

§300.137 Equitable services determined.

(a) ...

(b) Decisions. (1) Decisions about the servicesthat will be provided to parentally-placed privateschool children with disabilities under §§300.130through 300.144 must be made in accordancewith paragraph (c) of this section and§300.134(c).

(2) The LEA must make the final decisions withrespect to the services to be provided to eligibleparentally-placed private school children with

disabilities.

(c) Services plan for eachchild served under §§300.130through 300.144. If a childwith a disability is enrolledin a religious or otherprivate school by the child’sparents and will receivespecial education or relatedservices from an LEA, theLEA must...

---

§300.138 Equitable services provided.

(a) General. (1) The services provided to paren-tally-placed private school children with disabili-ties must be provided by personnel meeting thesame standards as personnel providing services inthe public schools, except that private elementaryschool and secondary school teachers who areproviding equitable services to parentally-placedprivate school children with disabilities do nothave to meet the highly qualified special educa-tion teacher requirements of §300.18.

...

(c) Provision of equitable services. (1) The provi-sion of services pursuant to this section and§§300.139 through 300.143 must be provided:

(i) By employees of a public agency; or

(ii) Through contract by the public agency withan individual, association, agency, organization, orother entity....


Key Changes in IDEA’s “Parentally-Placed” Provisions

Finding the Full Story

The majority of IDEA’s requirements forparentally-placed private school childrenwith disabilities can be found in§§300.129 through 300.144. What ap-pears on this handout are excerpts fromthose provisions. Missing text is indicatedby “...” used here.


Handout A-11


Key Changes in IDEA’s Discipline Procedures

§300.530 Authority of school personnel.

(a) Case-by-case determination. School personnelmay consider any unique circumstances on a case-by-case basis when determining whether a change inplacement, consistent with the other requirements ofthis section, is appropriate for a child with a disabilitywho violates a code of student conduct.

IDEA’s Provisions at §300.530(g):Special Circumstances and

Authority of School Personnel

(g) Special circumstances. School personnel mayremove a student to an interim alternative educationalsetting for not more than 45 school days withoutregard to whether the behavior is determined to be amanifestation of the child’s disability, if the child—

(1) Carries a weapon to or possesses a weapon atschool, on school premises, or to or at a schoolfunction under the jurisdiction of an SEA or an LEA;

(2) Knowingly possesses or uses illegal drugs, orsells or solicits the sale of a controlled substance, whileat school, on school premises, or at a school functionunder the jurisdiction of an SEA or an LEA; or

(3) Has inflicted serious bodily injury uponanother person while at school, on school premises, orat a school function under the jurisdiction of an SEAor an LEA.

IDEA’s Definition of“Serious Bodily Injury” at §300.530(i)(3)

(3) Serious bodily injury has the meaning given theterm ‘‘serious bodily injury’’ under paragraph (3) ofsubsection (h) of section 1365 of title 18, UnitedStates Code.

The term serious bodily injury means bodily injurythat involves—

1. A substantial risk of death;

2. Extreme physical pain;

3. Protracted and obvious disfigurement; or

4. Protracted loss or impairment of thefunction of a bodily member, organ, or mental faculty.(71 Fed. Reg. 46723)

Manifestation Determination:The Beginning of IDEA’s Provision at

§300.530(e)

(e) Manifestation determination. (1) Within 10school days of any decision to change the placementof a child with a disability because of a violation of acode of student conduct, the LEA, the parent, andrelevant members of the child’s IEP Team (as deter-mined by the parent and the LEA) must review allrelevant information in the student’s file, including thechild’s IEP, any teacher observations, and any relevantinformation provided by the parents to determine—

(i) If the conduct in question was caused by, or hada direct and substantial relationship to, the child’sdisability; or

(ii) If the conduct in question was the direct resultof the LEA’s failure to implement the IEP.

When Conduct is a Manifestation ofDisability: IDEA’s Provisions at

§300.530(e)(2) and (f)

(g)...(2) The conduct must be determined to be amanifestation of the child’s disability if the LEA, theparent, and relevant members of the child’s IEP Team

(over)


determine that a condition in either paragraph(e)(1)(i) or (1)(ii) of this section was met.

(3) If the LEA, the parent, and relevantmembers of the child’s IEP Team determine thecondition described in paragraph (e)(1)(ii) ofthis section was met, the LEA must takeimmediate steps to remedy those deficiencies.

(f) Determination that behavior was a manifesta-tion. If the LEA, the parent, and relevant members ofthe IEP Team make the determination that the conductwas a manifestation of the child’s disability, the IEPTeam must—

(1) Either—

(i) Conduct a functional behavioral assessment,unless the LEA had conducted a functional behavioralassessment before the behavior that resulted in thechange of placement occurred, and implement abehavioral intervention plan for the child; or

(ii) If a behavioral intervention plan already hasbeen developed, review the behavioral interventionplan, and modify it, as necessary, to address thebehavior; and

(2) Except as provided in paragraph (g) of thissection, return the child to the placement from whichthe child was removed, unless the parent and the LEAagree to a change of placement as part of the modifica-tion of the behavioral intervention plan.

“Stay-Put” Provision Changed:Child’s Placement during Appeals and

IDEA’s Provision at §300.533

When an appeal under §300.532 has been madeby either the parent or the LEA, the child must remainin the interim alternative educational setting pendingthe decision of the hearing officer or until the expira-tion of the time period specified in §300.530(c) or(g), whichever occurs first, unless the parent and theSEA or LEA agree otherwise.


Key Changes in IDEA’s Discipline Procedures

Clarifying “Basis of Knowledge”at §300.534

(a)…

(b) Basis of knowledge. A public agency mustbe deemed to have knowledge that a child is a childwith a disability if before the behavior that precipi-tated the disciplinary action occurred—

(1) The parent of the child expressed concern inwriting to supervisory or administrative personnel ofthe appropriate educational agency, or a teacher of thechild, that the child is in need of special education andrelated services;

(2) The parent of the child requested an evaluationof the child pursuant to §§300.300 through 300.311;or

(3) The teacher of the child, or other personnel ofthe LEA, expressed specific concerns about a pattern ofbehavior demonstrated by the child directly to thedirector of special education of the agency or to othersupervisory personnel of the agency.

(c) Exception. A public agency would not bedeemed to have knowledge under paragraph (b) ofthis section if—

(1) The parent of the child—

(i) Has not allowed an evaluation of the childpursuant to §§300.300 through 300.311; or

(ii) Has refused services under this part; or

(2) The child has been evaluated in accordancewith §§300.300 through 300.311 and determined tonot be a child with a disability under this part.


Handout A-12

Bringing the Changes Home

Instructions: This is the closing activity in “Key Changes in IDEA 2004.”Time to review and reflect on what those changes mean in your neck of the woods.Work individually. Then share your answers with a partner.

Which two of the following changes is MOST important to you in your personal orprofessional life? Circle them. Then use the back of the page to say why or how each one isimportant to you.

Which 2 of these...?

A. Tourette syndrome mentioned in“Other Health Impairment” definition

B. Limiting related services for surgicallyimplanted medical devices

C. Requirements that teachers be highlyqualified

D. Early intervening services

E. 60-day timeframe for evaluation

F. New elements in how children withspecific learning disabilities may beidentified

G. Response to intervention (RTI)

H. Limiting reevaluations and/orindependent educational evaluations

I. Changes in IEP meetings

J. Changes in IEP content

K. New IEP considerations (NIMAS,modified academic achievement stan-dards and assessment, students whotransfer)

L. “Parentally-placed” private schoolchildren with disabilities

M. Discipline procedures

Why so? Do tell!



Bringing the Changes Home

Why so? Here’s why so!

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