IDEA Update

Bill Becomes Law: Individuals with Disabilities Education Improvement Act

On December 3, 2004, President George W. Bush signed into law the Individuals with Disabilities Education Improvement Act (IDEIA) (H.R. 1350). The new law, more commonly referred to as the Individuals with Disabilities Education Act of 2004 (IDEA), is the product of a two-year bipartisan effort by Congress to overhaul the nation’s special education law, the Individuals with Disabilities Education Act of 1997.

“This new law is a bright light that demonstrates both parties can work together and achieve real change to improve the lives of Americans,” said House Education Reform Subcommittee Chairman Mike Castle (R-DE). “Today we are making sure children with disabilities are given access to an education that maximizes their unique abilities and provides them with the tools to be successful, productive members of our communities.”

“This new IDEA supports students achieving at high levels and affirms that every student is a general education student, first and foremost” said Jacquelyn Thompson, Director, Office of Special Education and Early Intervention Services, Michigan Department of Education.

Topics of special interest in the new law include language concerning quality standards for special education teachers, disciplinary actions for students with disabilities, and measures to reduce frivolous lawsuits. Parents and local schools will be allowed to change a student’s individualized education program (IEP) without holding a formal IEP meeting.

Source: Committee on Education and the Workforce, http://edworkforce.house.gov.

Did You Know?

Because the Individuals with Disabilities Education Improvement Act of 2004 does not go into effect until July 2005, IEPs written before that date will likely comply with the standards of the Individuals with Disabilities Education Act of 1997. If you want your child’s IEP to fall under the new law, you need to request another IEP meeting after July 2005.

For specific information about language changes in section 1400 and findings related to new requirements for personnel development and research-based instruction under IDEA 2004, visit: www.wrightslaw.com/idea/index.htm.

IDEA or IDEIA?

The Individuals with Disabilities Education Improvement Act (IDEIA) represents an overhaul of the now outdated Individuals with Disabilities Education Act of 1997 (IDEA). According to language found within the new act, it may be cited as the Individuals with Disabilities Education Improvement Act of 2004 or by its “short title,” the Individuals with Disabilities Education Act (IDEA).

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