IDEA Reauthorization Changes

PL 105-17 refers to the Individuals with Disabilities Education Act Amendments of 1997 (IDEA). It was recently amended and is now called the Individuals with Disabilities Education Improvement Act of 2004 (H.R. 1350).

IDEA has changed since its inception in 1975 when it was known as PL 94-142 (Education for All Handicapped Children Act). PL 94-142 provides a free and appropriate public education to students regardless of disability. This education must be specially designed to meet the unique needs of each child. Other regulations imposed by PL 94-142 as noted by Heward (2000) include:

• Zero Reject - schools must enroll all children regardless of disability
• Nondiscriminatory Testing - schools must use nonbiased and multi-factored assessments to determine a child’s disability
• Appropriate Education - schools must develop and implement an individualized education program (IEP) for each child
• Least Restrictive Environment - schools must educate students with disabilities with their nondisabled peers to the maximum extent possible
• Due Process - safeguards must be provided to ensure the rights of students with disabilities
• Parental Participation - schools must collaborate with parents

Major components and principles were retained in the new IDEA (2004); however, several important changes were noted (Heward, 2013).

Changes made by IDEA (2004):

1. A pilot program was established to reduce paperwork.
2. Short-term objectives are no longer required on IEPs except for a very small percentage of students (those who take alternative assessments).
3. A removal of wording related to the extent to which a child’s progress is sufficient to attain targeted goals by the end of a year was noted.
4. IEP members can be excused from attending an IEP meeting if their area is not being discussed
5. Response to intervention can be used to identify a learning disability (e.g., if a student is in a scientifically-based reading program and is still failing, after strategic and intensive intervention efforts, s/he can be referred for special education services).
6. The term “highly qualified” special education teacher is defined.
7. Under special circumstances, a student with disabilities can be removed from school to another setting for up to 45 days regardless of whether the misconduct was related to a child’s disability (e.g., bring a weapon to school).
8. A pilot program for multi-year IEPs was noted.