Individualized Education Programs (IEPs) under IDEA 2004 have significant changes including: 1) Short-term objectives are no longer required except for some students taking alternate assessments; 2) IEPs can now be written for multiple years with parental consent. Transition services are now required in IEPs at age 16 and can be requested earlier. Due process procedures also changed including mandatory resolution sessions and a two-year statute of limitations. Discipline changes allow the removal of students with disabilities for up to 45 school days for weapons, drugs or serious bodily injury offenses.

1. Significant Changes under
IDEA 2004
HOT BUTTON ISSUES
IN SPECIAL • TOPICS
EDUCATION LAW – IEPS
Ron Lospennato, Esq.
– DUE PROCESS
SPLC School To Prison Reform Project – DISCIPLINE
Courtney A. Bowie, Esq. – RESPONSE TO
SPLC Mississippi Youth Justice Project
INTERVENTION
Individualized Education
Programs Short-Term Objectives
• No Short Term Objectives Required • The result of the lack of STOs, in
– They can be requested for any student; many cases, is that the curriculum is
– Only required for students who are taking written into IEP as the annual
alternate assessments (very small percentage objectives
of students with disabilities)
• Multi-year IEP Process
• Without advocacy, IEP can end up
– Up to 15 states may allow LEAs to offer (with being weak and/or meaningless
parental consent) a multi-year IEP, not to
exceed 3 years
Transition (14 to 16)
IEP Progress Reports
• The progress the student is making toward • Transition is now required for the
meeting the annual goals is still required in IEP in place when the student turns
the IEP; 16
– BUT
– It can be requested at an earlier age,
• “the extent to which the progress is but it is no longer required at 14
sufficient to attain the goal by the end of
the year” is no longer in the law – There is good news….
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2. Transition Services TRANSITION SERVICES (cont.)
(defined) • Instruction
• Related services
• A coordinated set of activities for a child with a
disability that (i) is designed to be within a • Community experiences
results-oriented process, that is focused on • The development of employment
improving the academic and functional
achievement of the child with a disability to and other post-school adult living
facilitate the child’s movement from school to objectives; and
post-school activities, including post-secondary • If appropriate, acquisition of daily
education, vocational education, integrated
employment, continuing and adult education, adult living skills and provision of a
services, independent living, or community functional vocational evaluation.
participation, (ii) based on the child’s individual – 34 CFR Sec. 300.43, 20 USC
needs, taking into account the child’s strengths,
preferences, and interests; and includes – 1401 (34)
IEP attendance and participation DUE PROCESS-IDEA
2004
• The new law allows certain IEP team • Resolution Sessions
members to be excused from • Procedural Safeguards
attendance if their area is not being • Statute of Limitations
discussed
• Notice/Sufficiency
• Written parental consent is required
before this can occur • Attorneys’ Fees
Resolution Sessions
Resolution Session (cont.)
• Number One New Issue • Not Confidential
• MANDATORY – Could be a fishing expedition for
district
– parents must attend a resolution session
within 15 days of filing a due process
• School cannot have their attorney
complaint present if parent does not have an
attorney present
– School district has 30 days to resolved
the complaint • No attorneys’ fees
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3. Procedural Safeguards Statute of Limitations
• Procedural safeguards are given out:
– only upon initial referral, • TWO YEARS
– when parent requests an evaluation, – From date the parent knew or should
– when due process filed, or have known that an IDEA violation
– if parent requests a copy occurred
Due Process Complaint
Notice/Sufficiency Challenges
Attorneys’ Fees
• School districts may ask for
• School districts must file a response to a attorneys’ fees for defending against
due process complaint within 10 days
unless the district notifies h.o. within 15 frivolous due process complaint (i.e.
days that it is challenging the sufficiency Rule 11)
of the complaint (similar to motion to – Parents may be responsible if the
dismiss) purpose of the due process is
• Significant change for states like Louisiana unnecessary delay or needless increase
that allowed oral complaints over the in the cost of litigation
phone
DISCIPLINE STAY-PUT RULE
• Stay-put • Stay put used to keep a student with a
disability in her current educational
• Services in IAES
setting after a complaint was filed (i.e. 10-
• 45 Day Rule day change in placement)
• Weapons, Drugs & Serious Bodily • The new law keeps the child in the interim
Injury alternative educational setting (IAES)
while, for instance, an MDR is challenged
• Manifestation Determination Reviews
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4. Services To Be Provided to
Students in IAES 45 Calendar Day vs. School Day
• The 1997 law stated that a student had to • The old law stated that a SWD could only
be provided services sufficient to meet be removed for 45 calendar days for
the goals and objectives of his IEP; offenses involving weapons or drugs
• The new law states that a student has to • The new law states that a SWD may be
be provided services to enable him to removed for 45 school days (9 weeks) for
progress toward meeting the goals in the offenses involving weapons, drugs, or
IEP. serious bodily injury.
Weapons, Drugs, and Serious
Bodily Injury Serious Bodily Injury
• Defined as: involving a substantial
risk of death; extreme physical pain,
• Students with disabilities may be protracted and obvious
removed to an IAES for 45 school disfigurement, or protracted loss or
days for: weapons, drugs, and serious impairment of the function of a
bodily injury bodily member, organ, or mental
faculty
Manifestation Determination RESPONSE TO
Reviews INTERVENTION
• Response to Intervention (RTI)
• Now have to show that behavior was
caused by or had a direct and substantial
required for students suspected of
relationship to the students’ disability; having learning disabilities
• The law no longer includes a requirement • This is being used very broadly for
that MDRs include consideration of students suspected of all types of
whether or not the IEP was being disabilities
implemented.
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5. RTI – The Good, The Bad
• The good:
– It is designed to ensure that students have
had quality instruction prior to being identified
as having a learning disability
QUESTIONS
• The bad:
– It can delay evaluation for six months
– Parental involvement varies from LEA to LEA
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