Chapter
Library of Congress Cataloging-in-Publication Data
The Individuals with Disabilities Education Act (IDEA): Overview and Selected Issues(
Overview of Statutory Requirements
Funding and the “Full Funding” Issue
Authorizations and Maximum State Grants
Children with Disabilities in Private Schools
Due Process and Discipline
Interrelationship between IDEA and the No Child Left behind Act22
Individuals with Disabilities Education Act (IDEA): Analysis of Changes Made by P.L. 108-446(
Title I—Amendments to the Individuals with Disabilities Education Act
Part A—General Provisions
Highly Qualified Teachers
Other Definitions in §602
General Administrative Provisions
Part B — Assistance for Children with Disabilities Ages 3 to 21
Allotment and Authorization (§611)
Maximum Grant Calculation and Authorizations (§611(a)(2))
Funds for State Administration and Other State-Level Activities (§611(e))
Risk Pools for High-Need Children with Disabilities (§611(e)(3))
Children with Disabilities in Private Schools
Performance Goals and Indicators
Participation in Assessments
Local Educational Agency Eligibility (§613)
Exceptions to Local Maintenance of Effort
Early Intervening Services
Other Changes and Additions to §613
Evaluations, Eligibility, and Individual Education Programs (§614)
Evaluation and Reevaluation
Initial Evaluation and Reevaluations
Evaluation Procedures and Eligibility Determination64
The Individualized Education Program (IEP)
The IEP Team and the IEP Process
Procedural Safeguards (Section 615)
Statute of Limitations Regarding Complaints
Due Process Complaint Notice
Procedural Safeguards Notice
Impartial due Process Hearing
Hearing Officer Requirements
Subject Matter of Hearing
Statute of Limitations Regarding Requests for a Hearing
Administrative Procedures
Statute of Limitations to Appeal to Court
Suspensions and Conduct That is Not a Manifestation of a Disability
Manifestation Determination
Interim Alternative Educational Settings
Protections for Children Not Yet Eligible for Special Education and Related Ser-vices
Referral to and Action by Law Enforcement and Judicial Authorities
Transfer of Parental Rights at the Age of Majority
Monitoring, Technical Assistance, and Enforcement (Section 616)
Federal and State Monitoring
Secretary's Review and Determination
Assistance in Implementing Requirements
Needing Substantial Intervention
Opportunity for a Hearing
Nature of the Withholding
Divided State Agency Responsibility
Data Capacity and Technical Assistance Review
Administration (Section 617)
Secretary's Responsibilities
Prohibition against Federal Mandates, Direction, or Control
Program Information (Section 618)
Preschool Grants (Section 619)
Part C—Infants and Toddlers with Disabilities
Part D — National Activities to Improve Education of Children with Disabilities
Title II—National Center for Special Education Research
Title III—Miscellaneous Provisions
The Individuals with Disabilities Education Act (IDEA): Final Regulations for P.L. 108-446(
Introduction and Background
Overview of the Regulations
Highly Qualified Teachers
Procedural Safeguards and Discipline
Procedural Safeguards in the Regulations
Parental Revocation of Consent
Procedural Safeguards Notice
Non-Attorney Representation in due Process Hearings
Discipline Provisions in the Regulations
Consideration of Unique Circumstances on a Case-by-Case Basis
Interim Alternative Educational Setting
Appeals Requests and the Stay Put Provision
Protections for Children Who Have Not Yet Been Determined Eligible for Special Education
Other Selected Regulations
Definition of "a Child with a Disability"
Definition of "Parent"115
Definition of "Related Services"116
Exceptions to Local Maintenance of Effort
The Allocation of Funds to LEAs That Are Not Serving Any Children with Disabilities
Evaluation of Children Who Are Limited English Proficient
Evaluation of Children with Specific Learning Disabilities
Individualized Education Program (IEP)
Monitoring and Enforcement
April 2007 Revisions to the IDEA Amendments
Selected P.L. 108-446 Provisions Not Addressed in the August 2006 Final Regulations
IDEA Part C Proposed Regulations
Services for Children three Years Old and Older
Public and Private Insurance
The Individuals with Disabilities Education Act (IDEA): Interactions with Selected Provisions of the No Child Left behind Act (NCLB)(
Overview of Selected IDEA and NCLB Provisions
Overview of NCLB and IDEA Assessment and Accountability Requirements
NCLB Assessment and Accountability Requirements6
ED NCLB Regulatory Requirements Regarding Children with Disabilities
Regulations Regarding Children with the Most Significant Cognitive Disabilities
Children Assessed against Modified Achievement Standards
Summary of NCLB Assessment Requirements
IDEA Assessment and Accountability Requirements
IDEA Assessment Requirements in the IEP
IDEA State and Local Requirements on Student Achievement
NCLB and IDEA Teacher Requirements
IDEA State and Local Personnel Requirements
Department of Education Non-Regulatory Guidance Regarding IDEA and NCLB
Supplemental Educational Services
Selected Issues and Judicial Decisions
Exclusion of Children with Disabilities
Highly Qualified Teachers
Individuals with Disabilities Education Act (IDEA): Services in Private Schools under P.L. 108-446(
Private School Placement under P.L. 108-446
Types of Private School Placements
Children with Disabilities Placed in Private Schools by their Parents
Specific Requirements for Parentally Placed Children
Consultation between the Local Educational Agency and Private School Officials
Reimbursement for Private School Placement
The Individuals with Disabilities Education Act (IDEA): Parentally Placed Children in Private Schools(
IDEA Provisions Prior to 1997
ED Guidance on the 1997 Requirements
ED Non-regulatory Guidance and IDEA Final Regulations
Proponents and Critics of These Changes
Demographics of Private Schools and Private School Children
Issues Regarding Parentally Placed Children
Disproportionate Impact on Some Public Schools
Conflict with State Laws and Procedures
Burden and Confusion over Child-Find and Evaluation Requirements
Services for Children Enrolled in Preschool and Daycare
Possible Policy Alternatives
Provisions Related to Children with Disabilities Enrolled by their Parents in Private Schools(
LEA Responsible for Conducting Child Find and Ensuring the Provision of Equitable Services
Written Affirmation and Complaints
Data Collection and Record Keeping
Expenditures and Proportionate Share of Federal IDEA Funds
Service Delivery (Including On-site)
Complaint Procedure Regarding Consultation
Preschool Children With Disabilities
Office of Non-Public Education
Office of Special Education Programs
The Individuals with Disabilities Education Act (IDEA): Statutory Provisions and Recent Legal Issues(
Free Appropriate Public Education (FAPE)
The Individualized Education Program (IEP)
Least Restrictive Environment
Procedural Safeguards and Discipline
Resolution Sessions and Mediation
Seclusion and Restraint99
The Individuals with Disabilities Education Act (IDEA): Selected Judicial Developments Following the 2004 Reauthorization(
Free Appropriate Public Education (FAPE)
Supreme Court Decision in Rowley
Educational Standards and the No Child Left Behind Act (NCLBA)
The Individualized Education Program (IEP)
Least Restrictive Environment
Retaliation and Harassment
Resolution Sessions and Mediation
Section 504 and the Americans with Disabilities Act (ADA)
Systemic Compliance Complaints
The Individuals with Disabilities Education Act (IDEA): Supreme Court Decisions(
Free Appropriate Public Education
Hendrick Hudson Central School District v. Rowley
Background and Statutory Provisions
Parental Rights to Bring Suit Pro Se
Individuals with Disabilities Education Act: Developments
( Education in a Competitive and Globalizing World )
Disclaimer: Any content in publications that violate the sovereignty, the constitution or regulations of the PRC is not accepted or approved by CNPIEC.