IDEA 2004 Brings Changes To Special Education
by
Herbert D. Hinkle, Esq. and Ira Fingles, Esq.
Hinkle & Fingles, Attorneys at Law
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
On December 3, 2004, President Bush signed the Individuals With
Disabilities Act of 2004 (IDEA
2004). This represents the first major overhaul in eight years of the
Individuals With Disabilities Education Act (IDEA), the primary law
governing the education of students with disabilities. Most of the
law’s provisions go into effect July 1, 2005. Below is a summary of
some of the more significant changes included in the new law and their
implications for students with autism and related conditions:
IDEA 2004 aligns itself with the No Child Left Behind Act (NCLB),
requiring teachers,
paraprofessionals and other school staff to be highly qualified for
the positions they hold.
Also consistent with NCLB, special education and related services must
now be based on peer
reviewed research to the extent possible. This could impact a wide
variety of students. For
example, a student with autism may require Applied Behavioral Analysis
(ABA) therapy, or a
student with dyslexia may require Orton-Gillingham instruction.
Because these interventions are scientifically validated, the new law
may make it easier to secure such services.
IDEA 2004 includes major changes in the Individualized Education
Program (IEP) process. Short term objectives will no longer be
required as part of the IEP for most students. However,
school districts must provide progress reports on a periodic basis,
which specifically describe the student’s progress towards the annual
goals. In addition, parents and school districts may agree to conduct
IEP meetings with fewer participants in the past or via telephone, if
mutually agreeable.
Transition services must be included in the IEP that will be in effect
at the time the student
turns 16 years old. New under IDEA 2004 is a requirement that a
student’s transition plan
must include “measurable post-secondary goals” in skill areas needed
for future training, education, employment, and where appropriate,
independent living skills. Moreover, such services must be based upon
appropriate transition assessments. These provisions should go a long
way towards ensuring that students leave school with the skills needed
for success in the “real world.”
While Individualized Educational Programs (IEPs) must continue to
include measurable annual
goals, the requirement of short-term objectives or benchmarks towards
attainment of the goals
has been eliminated for most students. Such short-term objectives
formerly served as the
primary means of measuring a student’s progress under and IEP. It will
now be up to parents
and advocates to ensure that a reliable method of measuring students’
progress is included in
their IEPs.
Several changes were made to the IDEA’s due process procedures.
Requests for a due process
hearing must contain certain specified information, and may be
dismissed if they fail to do so. Upon requesting a due process
hearing, school districts are required to convene a “resolution
session” with the parents to seek a resolution to the dispute without
the need for a hearing. Also, a request for a due process hearing
generally must be filed no later than 2 years after the events giving
rise to the dispute.
All in all, although it contains some pitfalls, IDEA 2004 provides
many opportunities for parents and other interested parties to enhance
the educational experiences of students with disabilities. As has
always been the case, however, the only surefire way to ensure
effective results is to remain actively involved and vigilant at every
step of the way.
______
Herbert D.
Hinkle, his partner, Ira M. Fingles, and their colleagues, S. Paul
Prior and Valerie A. Powers Smith, maintain a statewide
law practice with offices in Lawrenceville, Marlton, and Florham Park,
New Jersey, and Yardley, Pennsylvania. They lecture and write frequently
on topics of law, aging, disability and estate planning and are available
to speak to groups in New Jersey and Pennsylvania
at no charge.
Comments and suggestions
for future articles should be mailed to: Hinkle & Fingles, 2651 Main Street, Suite A, Lawrenceville, New Jersey 08648-1012.
Copyright 2005
Herbert D. Hinkle. All rights reserved.
