IDEA 2004

History

IDEA has undergone several changes since it began as the Education for All Handicapped Children Act (EHA), or Public Law 94-142, in 1975. This law originated as a way to insure that students with disabilities receive an appropriate public education.

IDEA has been updated about every five years since its beginnings, the latest of which is the 2004 reauthorization. The reason for this consistent updating is to give us a chance to see how the law plays out in practice, and what we need to do to make it more clear, efficient or effective. In 1986, for example, the infant and toddler component was added, and in 1990, transition planning became a requirement.

Several ideas have become part of the special education vocabulary because of this law, including FAPE (free appropriate public education), IEP (individualized education program) and LRE (least restrictive environment). These concepts have been built into the special education system to insure equal access to education for all students.

Purpose

The reauthorization of IDEA 2004 (Section 601(d)) states that the purpose of the law is:

• (1A) to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment and independent living;
• (1B) to ensure that the rights of children with disabilities and parents of such children are protected;
• (1C) to assist States, localities, educational service agencies, and Federal agencies to provide for the education of all children with disabilities;
• (2) to assist States in the implementation of a statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for infants and toddlers with disabilities and their families;
• (3) to ensure that educators and parents have the necessary tools to improve educational results for children with disabilities by supporting system improvement activities; coordinated research and personnel preparation; coordinated technical assistance, dissemination, and support; and technology development and media services; and
• (4) to assess and ensure the effectiveness of efforts to educate children with disabilities.

Note: The phrase "further education" is new in 2004, as is the increased emphasis on effective transition services to promote successful post-school employment or education.

Components

IDEA is divided into four sections, Parts A - D.

• Part A defines the terms used in the law.
• Part B gives money to states to provide services for eligible children and youth with disabilities, including the rules and regulations that states and school systems must follow to receive funds from the federal government. This section outlines:
  • evaluating children and determining eligibility for services
  • notifying and involving parents
  • working with parents to write IEPs
  • providing services
  • resolving conflicts between parents and the school system
  • and more
• Part C is the Early Intervention Program for Infants and Toddlers with Disabilities. Services that may be included in this program are family training, counseling, home visits, speech-language services, occupational therapy and physical therapy.
• Part D helps state education departments and other agencies improve how they work with children and youth with disabilities. This section provides information and research that informs professional practitioners and families, including:
  • teacher education
  • operation of parent training and information (PTI) centers
  • identification of best practices and promising practices
  • development of technologies
  • public dissemination of information

Differences between IDEA 1997 and IDEA 2004

A five-page summary is available that describes some of the most critical IDEA 2004 changes that affect children with disabilities and their families. The summary, developed by the National Committee of Parents and Advocates Organized to Protect IDEA, focuses on the changes that impact the IEP process, due process, and the discipline provisions.

• IDEA 2004 Summary

Also available are a series of documents from the U.S. Department of Education, Office of Special Education Programs (OSEP). The documents are available for the topics below. Please visit the NICHCY web site to access these documents.

• Assessment
• Behavior/Discipline
• Disproportionality
• Due Process
• Early Intervening Services
• Evaluations/Reevaluations
• Funding
• Highly-Qualified Teachers
• IEPs/IFSPs
• Learning Disabilities
• Mediation
• Model Forms
• No Child Left Behind (NCLB)
• NIMAS
• Part C
• Preschool
• Prior Written Notice
• Private Schools
• Procedural Safeguards
• State Complaint Procedures
• Transition to Adulthood

The law

IDEA 2004 (Public Law 108-446) was passed on December 3, 2004 and implemented on July 1, 2005. The text of the law is available for download (905K PDF)* and is 162 pages long.

Final regulations published in Federal Register

For years, schools have been required to wait until a child fell considerably behind grade level before being eligible for special education services. Now, with the release of the final regulations of IDEA 2004, school districts are no longer required to follow this 'discrepancy model,' but are allowed to find other ways to determine when a child needs extra help.

Department of Education Secretary Margaret Spellings has announced the final regulations to implement Part B the Individual with Disabilities Education Improvement Act of 2004 (IDEA). The official copy of the final Part B regulations of the IDEA has been published in the Federal Register on August 14, 2006.

• Final regulations of IDEA

More information

For more IDEA 2004 related information, check the following documents and web sites:

• Disabilities That Qualify Infants, Toddlers, Children, and Youth for Services under IDEA 2004
• Highlights of Key Provisions and Important Changes in the Final Regulations for IDEA 2004
• IDEA Parent Guide
• IDEA Regulations Identification of Specific Learning Disabilities (49K PDF)*
• Identification of Specific Learning Disabilities
• National Association of School Psychologists
• National Dissemination Center for Children with Disabilities (NICHCY)
• National Education Association
• Office of Special Education and Rehabilitative Services
• Wrightslaw