March/April, 2008 FORUM Article

 Highlighted Resources:
• Financial Assistance for Postsecondary Education

Changes In IDEA 2004 Regulations

1. Supplemental aides and services apply to extracurricular and nonacademic settings.
2. Parents receive Procedural Safeguards, (Parents' Rights) only once a year. The exceptions are upon referral/parent request for evaluation, filing of a complaint, and when the parent asks for another copy.
3. Initial evaluation and eligibility determination is completed within 60 days of the time parents consent for evaluation is received.
4. Physical education must be available to all students with disabilities receiving FAPE.
5. A statement of the student’s present level of academic achievement and functional performance (PLAAFP) statement is needed instead of a present level of educational performance (PLEP.)
6. Every student needs measurable annual goals as well as measurable benchmarks or short-term objectives.
7. Between annual IEP meetings, changes in the IEP may be made without a meeting if the parent and school agree; changes must be documented in written form. Date and initials of teacher next to the changes is a good practice.
8. The IEP team members required at meetings have not changed: at least one general education teacher of the student, a school representative, special education teacher, parent, a person to interpret test data, and others as needed. However, an IEP team member may be excused from a meeting if the parent and school agree and the team member provides written input to parent and IEP team prior to the meeting.
9. For meetings on IEPs and placement, the parent and the school may agree to use alternative means of participation, such as a video conference or teleconference.
10. For a child age 3-5, the IEP team considers the IFSP, current statewide agreement requires that an Early Intervention representative be invited to the initial IEP meeting.
11. Transition planning begins at the IEP prior to the student’s 14th birthday. At the 16th birthday, a transition services plan must be in place as part of the IEP.
12. Students who graduate or age out of special education receive a summary of academic achievement and functional performance with recommendations on how to assist the student to reach post-secondary goals.
13. When a child with disabilities transfers between school districts within the same State with an IEP in effect, the new school provides FAPE, including services comparable to the previous district’s IEP, until it adopts the previous IEP or develops a new IEP. If from another State, the new school provides FAPE, including services comparable to the previous IEP, until the school conducts an evaluation, if necessary, and develops a new IEP. The previous school takes steps to respond promptly to a request for transfer of the child’s school records.
14. All IEP members should be informed of their responsibilities to implement the IEP.

Editor’s Note: Adapted from "The Circuit" newsletter, 2007, Mountain Plains Regional Resource Center, Logan, Utah. Web site: www.rrfcnetwork.org/mprrc