Vol. 2, No. 2 March 2005

 

IDEA 2004 Brings Changes to Special Education

by
Valerie A. Powers Smith, Esq. and Herbert D. Hinkle, Esq.

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IDEA 2004 includes major changes in the Individualized Education Program (IEP) process.

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. School districts must provide progress reports on a periodic basis, which specifically describe the student’s progress towards the annual goals.

Parents and school districts may agree to conduct IEP meetings with fewer participants than 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. IDEA 2004 now requires 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 help ensure that students leave school with the skills needed for success in the “real world.”

Several changes were made to IDEA 2004'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.

In spite of some pitfalls, IDEA 2004 provides many opportunities for parents and other interested parties to enhance the educational experiences of students with disabilities. As always , however, the only way to ensure effective results is to remain actively involved and vigilant at every step of the way.

 

©2005 Copyright

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With offices in New Jersey and Pennsylvania, the Attorneys of Hinkle & Fingles, Attorneys at Law have many years of experience providing expert counsel and legal services to families of people with disabilities and seniors. The firm's attorneys have argued many of the precedent setting cases affecting people with disabilities in New Jersey and Pennsylvania.

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