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The Individuals with Disabilities Education Improvement Act (IDEIA) of 2004 makes significant and controversial changes to the Individuals with Disabilities Education Act (IDEA). Two very significant changes in this law are provisions that (a) allow school districts to spend up to 15% of their IDEA Part B funds on early intervening services in general education settings and (b) prohibit states from requiring that school districts use discrepancy formulas to determine if students are eligible for special education services in the category of learning disabilities. Additionally, Congress recommended that school districts use a response to intervention procedure in both early intervening services and for the identification of students with learning disabilities. In this article we first describe two significant reports that recommended that Congress abandon the current eligibility system in special education for students with high-incidence disabilities. Second we explain how Congress and the U.S. Department of Education changed the special education eligibility system for learning disabilities in the IDEIA and the regulations that implemented the IDEIA. Third we review due process hearings and court cases that have addressed response to intervention. Fourth we offer recommendations to teachers, administrators, and teacher trainers to ensure that they meet the letter and spirit of these new requirements of the IDEIA.

A federal appeals court has upheld a longtime U.S. Department of Education regulation requiring school districts, under certain circumstances, to reimburse parents for independent educational evaluations of their children with disabilities. A three-judge panel of the U.S. Court of Appeals for the 11th Circuit, in Atlanta, ruled unanimously to uphold the regulation promulgated under the Individuals with Disabilities Education Act, the main federal special education law. The rule requires districts or other public agencies to pay for independent evaluations when parents disagree with the public agency's initial assessment of their child.

The Individuals with Disabilities Education Act (IDEA) has been widely celebrated for providing millions of disabled children with broader educational and life opportunities. This Note seeks to improve the implementation of the IDEA by questioning one of its key assumptions: that parents possess the tools to advocate for their children in special education matters. This Note argues that many parents need assistance to achieve optimal outcomes for their children because of the complexity of both the disabilities involved and the formal rules of the system itself. Several policy options are considered in the hope that local educational agencies will implement pilot programs to further explore the issue of external advocacy in special education.

What: Today, the U.S. Department of Education’s Office for Civil Rights (OCR) issued guidance through Dear Colleague Letters to elementary and secondary schools and institutions of higher education along with a Frequently Asked Questions document on the legal obligation to provide students with disabilities an equal opportunity to enjoy the benefits of technology. This guidance is a critical step in the Department’s ongoing efforts to ensure that students with disabilities receive equal access to the educational benefits and services provided by their schools, colleges and universities. All students, including those with disabilities, must have the tools needed to obtain a world-class education that prepares them for success in college and careers. Today’s guidance provides information to schools about their responsibilities under Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act. The guidance supplements a June 2010 letter issued jointly by OCR and the Civil Rights Division of the U.S. Department of Justice. The June letter explains that technological devices must be accessible to students with disabilities, including students who are blind or have low vision, unless the benefits of the technology are provided equally through other means. Today’s guidance highlights what educational institutions need to know and take into consideration in order to ensure that students with disabilities enjoy equal access when information and resources are provided through technology. “Technology can be a critical investment in enhancing educational opportunities for all students,” said Russlynn Ali, assistant secretary for civil rights. “The Department is firmly committed to ensuring that schools provide students with disabilities equal access to the benefits of technological advances.” Today’s guidance is part of a larger effort by the Department and Obama administration to better serve the needs of people with disabilities. Last month, U.S. Secretary of Education Arne Duncan joined Kareem Dale, associate director for the White House Office of Public Engagement and special assistant to the President for disability policy, for a conference call with stakeholders to talk about some of the Department’s efforts. During the call, Duncan discussed the Department’s commitment to maintaining accountability in No Child Left Behind for all subgroups, including students with disabilities, and highlighted the Department’s proposal to increase funding for students with disabilities in the fiscal year 2012 budget. Ali will also join Dale for a stakeholder conference call where she will discuss today’s guidance and address the Department’s work to ensure that all schools are fulfilling their responsibilities under the federal disability laws that OCR enforces.

Hopefully this web site will  help you  to quickly grasp the basics of the law, explain my understanding of the philosophy driving that law, and help you attain basic skills that will enable you to be an equal member of the team directing your child's education. From my experience as a parent of children with disabilities, from many years of working with educators, and from experience as a volunteer parent advocate, I have  a fair amount of insight into the education process, and the advocacy tools that work. 

Click here to download the full brochure and registration information (PDF) When: Welcome 1:00 p.m. Friday—Closing 5:00 p.m. Saturday Where: Omaha Marriott Hotel 10220 Regency Circle Omaha, NE

Transportation is one of the most important services a school district is required to provide to students with disabilities under federal and state special education laws. The article will focus on the federal requirements regarding transportation and whether or not your school district is in compliance with those laws. Individual state laws are not discussed as the laws vary and are beyond the scope of this article.

A federal judge has ruled that District of Columbia public schools must make sweeping changes to how young children with disabilities are located and served. In a ruling last week, Judge Royce Lamberth said the district must ensure that 8.5 percent of children between the ages of 3 and 5 are enrolled in special education and related services, as required by federal law.

Click here to registerWhat:Section 504 of the Rehabilitation Act of 1973 protects the rights of individuals with disabilities in programs and activities that receive federal financial assistance. Students eligible for special education services under the IDEA are typically also eligible for services under Section 504; additionally, students not eligible under IDEA may be covered by Section 504. Therefore, it is critical that advocates for students with disabilities understand protections under Section 504 as well as ways to deal with suspected violations.    This webinar will provide an overview of the structure of the Office for Civil Rights (OCR) at the U.S. Department of Education, which enforces Section 504 with respect to entities that receive federal financial assistance from the Department. The Section 504 complaint process will be examined in depth, including who may file a complaint, when a complaint may be filed, how to file a complaint, what type of information is necessary to file a complaint and how to effectively present that information. Additional ways to address suspected violations will also be explained as well as strategies to effectively navigate procedural safeguards provided by the law. The webinar will also provide an overview of how the Americans with Disabilities Act Amendments Act applies to Section 504. Time will be provided for questions for participants. When: Wednesday, December 7, 2011  12:00 to 1:30 PM MT Cost: $50.00

Teachers, school administrators, parents, disability rights advocates and attorneys gathered at Flathead Valley Community College on Thursday and Friday to move forward the discussion on special education needs in the region. The “Special Education: Kids, Families, Schools and the Law; Working Together for Success,” symposium drew roughly 100 attendees in all.

Fewer than a third of states and territories now comply with federal disability law under a change announced Tuesday in the way the Department of Education evaluates how well public schools educate students with disabilities.

The individual education program (IEP) is of critical importance to educators, parents, and students. Through the IEP process school-based teams (a) assess the educational needs of a student, (b) develop meaningful and measurable goals that direct the student’s program, (c) develop and implement a program of special education and related services, and (d) monitor the student’s progress toward his or her goals. Our purpose in this article is to review the legal requirements in developing, implementing, and evaluating the IEP; examine the research that has been conducted on IEPs; and discuss the implications of the law and research for school-based teams in developing IEPs.

Parents of a child with special needs must learn to effectively navigate the maze of special education laws and go to bat for their kids. In a nutshell, this means they must learn to be advocates.

Click here to pre-register for this event online What: At this conference, we value various, distinct groups coming together to learn and build capacity and collaboration. Are you… A family member? Come learn ways to increase family and school collaboration, and find out what strategies your children’s teachers will be using in the classroom so you can support participation at home, in school, and in the community! A general or special educator, or school professional? Participate and access innovative, research based educational strategies, relevant to a wide range of hot topics in education today, that will enhance learning for ALL your students. And, these practical strategies can be put into practice immediately in your classroom! An Administrator? Join us and learn how to lead your teachers to support all students to achieve. Learn strategies and programs to share with your staff as well as information on parent involvement, effective collaboration, and updates on the law. When: February 9-11, 2012 Where: Hyatt Regency Denver Tech Center Denver, Colorado