IDEA: What Parents of Students with Learning Disabilities Need to Know and Understand

Substantial changes to the Individuals with Disabilities Education Act (IDEA) became effective on July 1, 2005. These changes, brought about by passage of the Individuals with Disabilities Education Improvement Act of 2004, still await the final federal regulations that will provide additional guidance. Meanwhile, since states and school districts must now adhere to IDEA 2004, here are several important changes that parents of students with learning disabilities need to know and understand now.

Learning Disabilities Identification

IDEA 2004 has introduced dramatic changes to the ways schools can identify students with specific learning disabilities (LD) in order to qualify for special education services.

IQ-Achievement Discrepancy: Until now, states and school districts were required by federal regulations, as well as their corresponding state law or regulations, to identify students as having LD via a "severe discrepancy" formula (among other criteria) which meant that students needed to show that there was a significant gap between their ability (often measured by an I.Q. test) and their school achievement (usually measured by a standardized, norm-referenced achievement test). Now, under IDEA 2004 states and school districts no longer need to require a "severe discrepancy" between IQ and achievement in order to identify a student as needing special education due to having a specific learning disability.

Response to Intervention: IDEA 2004 encourages states and school districts to begin using a systemic assessment of the student's response to high quality, research-based general education, instruction and intervention, delivered by qualified personnel, as part of the LD identification and evaluation process. Evaluations are still subject to IDEA's evaluation requirements for all students suspected of having a disability, which ensure that schools use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information, including information provided by parents.

For more information on changes to LD identification see: http://www.ncld.org/advocacy/IDEA04_FAQ.cfm
Individualized Education Programs (IEPs)

IDEA 2004 includes significant changes to the IEP process. Since IEPs are the cornerstone of the delivery of special education services and supports, understanding these changes is critical.

Short-Term Objectives: IDEA 2004 has eliminated the requirement that the annual goals in a student's IEP also include short-term objectives (the incremental steps in getting to the annual goal) for all but a small group of students with significant cognitive disabilities.

Peer-Reviewed Research: IDEA 2004 now requires that students receive instruction and services that are based on "peer reviewed research to the extent possible." In other words, the instructional approaches to be used should have evidence of effectiveness.

Reporting Progress to Parents: IDEA 2004 changes the requirement for reporting progress to parents and eliminates the need for such reports to indicate if a student's progress is sufficient to reach the annual goal by the end of the IEP's effective dates, generally one school year. Also eliminated is the requirement that progress reports be provided at least as often as parents are informed of their non-disabled children's progress.

Excusing Team Members: IDEA 2004 provides two ways that team members can be excused from attending an IEP meeting, in whole or in part. A member can now be excused if the member's area of the curriculum or related services is not being modified or discussed in the meeting AND/OR if the member's area of curriculum or related services is being discussed, but the member submits written input to the parents and the team prior to the IEP meeting.

Transition: IDEA 2004 now requires that the IEP Team formulate "appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills … and the transition services (including courses of study) needed to assist the student in reaching the goal." These goals and services must be part of the first IEP to be in effect when the student turns age 16. Previously, transition planning began at age 14.

For more information on IDEA 2004 and IEPs see: http://ld.org/newsltr/0405newsltr/0405feature2.cfm.
Medication

Prohibition on Mandatory Medication: IDEA 2004 requires states to adopt policies that prohibits both State and school district personnel from requiring a student to take medication as a condition of attending school, receiving an evaluation or receiving special education services.

Consultations and Observations: This new provision does not prohibit teachers and other school personnel from consulting with parents and sharing classroom-based observations regarding a student's academic and functional performance, or behavior in the classroom or school which may indicate a possible need for medication and/or an evaluation for special education.
Exiting Special Education

Reevaluations: IDEA 2004 makes clear that schools are not required to reevaluate a student upon exiting special education with a standard diploma or exceeding the age limit for IDEA eligibility.

Summary of Performance: IDEA 2004 introduces a new requirement for special education students upon receiving a general diploma or reaching the age at which IDEA services end. In either case, schools must now provide students with a summary of their academic achievement and functional performance. The summary must also include recommendations on how to assist the student in achieving the postsecondary goals contained in the transition plan.
Parent Rights and Dispute Resolution

Procedural Safeguards Notice: IDEA 2004 changes the requirements for schools to give parents written notice of their special education rights and dispute resolution processes. Now, parents will receive such notice only once a year. Schools are also required to provide the notice at an initial referral for evaluation, when a parent requests an evaluation, or at the filing of a due process hearing. Parents may, of course, request a copy of the district's procedural safeguards notice at any time.

Statute of Limitations: IDEA 2004 imposes a new limit for filing a complaint and/or requesting a due process hearing. Such complaints can only be presented if the violation occurred within 2 years of the filing (although some exceptions apply).

Mediation: Mediation as a means to resolve disputes between parents and school districts is now available even before requesting a due process hearing. Agreements reached through mediation are now legally binding and enforceable by any state court.

Resolution Session: IDEA 2004 introduces an important new requirement for a "resolution session" prior to a due process hearing. This is a preliminary meeting that must be held within 15 days of a parent's complaint and is designed to present an opportunity to resolve the complaint without further action. If agreement is reached, a legally binding agreement is signed by both parties and is enforceable in any state court. However, the school district and parents can agree to waive the resolution session.

Attorneys' Fees: IDEA 2004 continues to allow parents who prevail in due process hearings to recover attorneys' fees from the school district. A new provision in IDEA 2004 now allows school districts to recover attorneys' fees from the parents or their attorney under specific, limited circumstances.

A note about IDEA 2004 implementation: Changes made by IDEA 2004 to the areas covered above became effective July 1, 2005. However, a state's law and/or regulations can provide more than IDEA 2004 requires. School districts must continue to follow the state law and state regulations until they are changed, unless they are wholly inconsistent with the IDEA 2004. If IDEA 2004 requires or permits something, and state law or regulation doesn't affect it, the state must follow IDEA 2004. An example of this is IDEA 2004's new provisions regarding the identification of specific learning disabilities.