Reexamining Rowley: A New Focus in Special Education Law - Three important events have occurred since the Rowley decision that impact the validity of the "some educational benefit" standard and change the nature of educational services that schools must provide to students who receive special education services under the IDEA.

Embracing ‘Response to Intervention’ - “RTI is this big thing that really can transform how we approach teaching all kids,” said W. David Tilly III, the director of innovation and accountability for Iowa’s Heartland Area Education Agency, which provides resources and professional development to 54 districts in the state. In practice, RTI can look quite different from school to school. But several key components are necessary for a successful program, researchers say.

Q&A Documents on the IDEA 2004 Regulations from OSEP - The U.S. Department of Education’s Office of Special Education Programs (OSEP) has published a series of Q&A documents from their recent regional implementation meetings on the IDEA 2004 regulations. The documents address highly qualified teachers serving children with disabilities; IEPs, evaluations, and reevaluations; monitoring, technical assistance, and enforcement; procedural safeguards and due process procedures; Response to Intervention and Early Intervening Services; serving children with disabilities placed by their parents at private schools; the National Instructional Materials Accessibility Standard; and discipline procedures.
 

OSEP Director’s PowerPoint Presentation on IDEA 2004 Final Regulations Now Available - To provide the public with an overview of the Part B Final Regulations implementing the 2004 reauthorization of the Individuals with Disabilities Education Act, the U.S. Office of Special Education and Rehabilitative Services (OSERS) has been hosting a series of community-based public meetings. The PowerPoint presentation given by Alexa Posny, director of OSERS’ Office of Special Education Programs (OSEP), is available online. It covers discipline, Response to Intervention, IEPs, monitoring, highly qualified teachers, private schools, the National Instructional Materials Accessibility Standard (NIMAS), and procedural safeguards.
 

Fact Sheet (PDF): Raising the Achievement of Students with Disabilities: New Ideas For IDEA
 

Final IDEA Part D Regs Issued - Service Obligations - The U.S. Dept. of Education has issued final regulations dealing with service obligations under Part D of IDEA - the Personnel Development to Improve the Services and Results for Children with Disabilities program. These regulations went into effect as of July 5, 2006.

Coming Soon? IDEA 2004 Regulations Under Review - The U. S. Department of Education sent the IDEA 2004 regulations to the Office of Management and Budget. The review by OMB is usually the last step before federal regulations are published. Why are the federal regulations so important? What changes did Congress make in IDEA 2004? What are burning questions do the regulations need to answer?

10 Tips: How to Use IDEA 2004 to Improve Your Child's Special Education - As the new school year begins, parents and teachers have questions about IDEA 2004. Do you know about specific changes in IDEA 2004? How will these changes affect your child? What are your responsibilities? How can you use IDEA 2004 to advocate for your child?

Special Education Law Changes Raise Concern - Recent changes to the federal law that governs how 7 million special education students are taught could weaken parental involvement and scare parents away from taking school districts to court, according to advocates who testified at a federal hearing recently.

How Do the Regs Compare to IDEA 2004? (PDF) - CEC's Side-by-Side Analysis of the Proposed 2004 IDEA regulations compares language presented in the law, language in the regulations, and comments on selected provisions of the Individuals with Disabilities Education Act. In general, the regulations stick close to the language in IDEA.

Why I Am an Optimist about IDEA 2004 - In Why I Am an Optimist about IDEA 2004, Pete Wright describes a fight he had at age 9, then explains why "I don't feel gloom and doom about IDEA 2004. I think we can use IDEA 2004 as a powerful tool to improve educational results and outcomes for our children. Here are some reasons why..."

Wrightslaw Alert! IDEA Regulations on Fast Track, Expected in June - Includes: IDEA Regs on Fast Track, Public Comments & Concerns, Schedule of Public Meetings, and IDEA 2004 Info & Resources.

Big Special Education Changes Coming - The reauthorized Individuals with Disabilities Education Improvement Act, which takes effect July 1, will usher in sweeping changes to schools' special-education programs. Among them: Individual Education Plans for most students no longer will contain short-term goals, parents now will bear the burden for proving that a child's disruptive behavior stems from a disability and special-ed teachers will have to be "highly qualified" under the law's provisions.

 
An Analysis (PDF) of the Effect of the 2004 Amendments to IDEA on Private Schools (CAPE – The Council for American Private Education)

Hope Follows Special-ed Act - U.S. Sen. Judd Gregg, R-N.H., chairman of the Senate Committee on Health, Education, Labor and Pensions, recently helped craft a bipartisan agreement to improve federal special education laws. "We’re still trying to digest it," Pat Dowey, director of special education for the Exeter Region Cooperative School District, said of IDEA. But Dowey has already found several things she likes.

President Signs Funding Legislation - On December 8, President Bush signed into law the fiscal year 2005 omnibus appropriations bill that includes funding for the Department of Education. The spending total is $920 million over last year's spending for education programs, but it is still $760 million less than the amount requested by President Bush earlier this year.

Transition: IDEA 1997 and H.R. 1350 (IDEA 2004) - Major changes between IDEA 1997 and H.R. 1350 (IDEA 2004) concerning transition services are identified in a side-by-side chart.

President Bush's Comments on the Signing of IDEA 2004 - On December 3, 2004, President Bush signed IDEA 2004. Read his remarks at the signing ceremony.

Congress Agrees to Update Laws on Special Education - Congressional negotiators have reached agreement on major changes in special education, aiming to boost discipline in class, better identify children with disabilities, get help to students earlier and reduce lawsuits by parents.

Parents Target Disabilities Law - When the U.S. Congress began efforts to reauthorize the Individuals with Disabilities Education Act about two years ago, parents of special education students across the country were caught somewhat off-guard. "We sort of found out about this on the fly and didn't really know anyone else who knew anything about it," said Sandy Alperstein, a Buffalo Grove, Ill. resident.

OCLB Special Education Primer: Discipline - The Data - Why amend IDEA ’97 disciplinary provisions now? The data that does exist suggests that students who have disabilities are treated similarly to general education students. The data also suggests that IDEA 97’ has not become an obstacle or barrier to schools’ disciplinary practices.

Disability Groups to Converge on D.C. over IDEA - A number of national groups concerned about the education of children with disabilities and the current efforts to reauthorize the Individuals with Disabilities Education Act (IDEA), will come together on October 28, 2004 in Washington D.C. to lobby Congressional members and ask them to reconsider proposed changes to the Act.

U.S. House Appoints IDEA Reauthorization Conference Committee - On October 8, 2004 the U.S. House of Representatives appointed a 14 member conference committee to negotiate the IDEA reauthorization bill differences with the Senate conferees. The House conferees included a mixture of representatives from the Education and Workforce Committee, Judiciary Committee and Energy and Commerce Committee. It is expected that those from Judiciary will focus on procedural safeguards and those from Energy and Commerce will focus on Medicaid issues contained in the bill.

CHADD Applauds U.S. Senate Passage of IDEA - Following months of deliberation and debate, last week the U.S. Senate passed S.1248, the reauthorization of the Individuals with Disabilities Education Act (IDEA), by a 95-3 vote.

Senate Approves Special Education Measure - The Senate approved major changes in special education intended to reduce paperwork for teachers and bolster enforcement by state and federal authorities.

Senate Approves Expanded Special Education Bill - The Senate voted Thursday to make the first major changes in special education law in seven years, aiming to get help earlier to struggling children, give teachers more freedom to discipline students and reduce tensions between parents and schools. The only main point of contention was over money, as senators overwhelmingly agreed to allow accelerated spending in coming years but rejected an attempt to make the increases mandatory. The Senate voted 95-3 to renew and update the Individuals with Disabilities Education Act, the 1975 law guaranteeing equal education to, by last count, 6.7 million children with disabilities.

U.S. Senate Passes a Bad IDEA - Many parents of children with disabilities were profoundly disappointed today with the passage of S.1248, the Senate bill to reauthorize the Individuals with Disabilities Education Act. Only Senators Stabenow (D-MI), Jeffords (I-VT), and Leahy (D-VT) appeared to have heard the concerns of tens of thousands of parents who have been voicing their opposition to this bill for the last year. These courageous Senators’ NO votes proved they value children and families over institutions.

Our Children Left Behind's IDEA Weekly Update - We started out this week in defense of teachers. In light of the “terrorist” slur uttered by U.S. Secretary of Education, Rod Paige, we thought it appropriate to point out that whatever our differences with individual teachers over the years, we admire and respect teachers in general. They are there, every day, in the trenches with our children. In fact, many of them are heroes. None of them are “terrorists.” Read “Teachers, Trust, and Terrorism,” posted on our Home page, to see what we’re talking about. (3-7-04)

U.S. Parents Urge Senate Not to Vote on Special Education Law - Parents and education advocates across the U.S. are urging the members of the U.S. Senate to halt consideration of a bill that would drastically change the federal special education law, known as the Individuals with Disabilities Education Act (IDEA). Action on the bill is anticipated next month.

More States Protesting 'No Child' Law - A growing number of state legislators and school administrators are looking for ways to opt out of requirements they view as intrusive and underfunded.

IDEA Reauthorization: Challenging Behavior and Students With Disabilities - The 1997 Amendments to the Individuals with Disabilities Education Act (IDEA) greatly enhanced the opportunities for students with disabilities to receive an appropriate education, even when presenting challenging and dangerous behaviors. While allowing schools to take immediate action to protect student safety, these IDEA provisions provide alternative means of addressing dangerous and disruptive behaviors while at the same time continuing the instructional and behavioral supports necessary to help students with disabilities meet their educational goals.
 

Damage Control With the Press: AYP Reporting Challenges - No Child Left Behind report cards are coming into the public's eye more and more, and we are noticing that the press is just naturally trying to find an angle to intrigue and irritate the public. With the fears and challenges associated with the implementation of the No Child Left Behind Act (NCLB) and assuring Adequate Yearly Progress (AYP) for all students, school officials are starting to point fingers and identify scapegoats for their perceived failures. Needless to say, students with disabilities (as a disaggregated data subgroup) are being implicated.

Take No Prisoners - "I entitled this past weekend’s IDEA Update, “A Call To Arms.” Knowledge is power, and so armed with knowledge, I believe we can be a formidable force. That’s what I was thinking about, of course, when I said we are “armed and dangerous.” I was thinking about the power of the pen, not the sword."

Our Children Left Behind's IDEA Weekly Update: A Call To Arms (February 1, 2004) - There are 6.5 million children receiving IDEA services – each of those children has parents, guardians, family members, and friends who care about them. That could be a formidable voting bloc, if we were united and vocal, and if we voted.

Our Children Left Behind's IDEA Weekly Update (January 25, 2004): Quite a week, with the first volley in the game we call the presidential election!  Shortly after releasing his comprehensive disability rights platform (including detailed recommendations on IDEA reauthorization, recommendations that go well beyond the usual “full funding” tripe and actually address enforcement and due process concerns), Senator Kerry went on to an upset victory in the Iowa caucuses.

Data Disconnect - Some policymakers have been asking us for "evidence" to support our arguments.

Home/School Partnerships: Who Really Cares? - I do! And I am very worried that this IDEA reauthorization will compromise the existing spirit of healthy home-school partnerships. In the name of education "reform," parents face the risk of being further and further pushed into situations in which they will be taken to their knees and forced to cooperate with educators versus being openly invited to collaborate for the benefit of our students.

U.S. Senate IDEA Bill Pushed Closer to a Floor Vote - The National Down Syndrome Society (NDSS) has heard that the Senate Reauthorization bill, S. 1248, has been hotlined for a Senate vote. That means that they are considering an agreement as to the number of amendments that will be offered in addition to Senator Gregg’s amended bill.

No Child Left Behind — Really? Why I Like This Law - "I am an attorney who represents children with disabilities. For more than 25 years, I have watched school after school 'drop the ball' — and not give proper education services to disabled children. The only recourse is for courageous and determined parents to take on school systems and make them follow the law, often leading to costly and painful lawsuits" - Bill Byrne.

Commentary: The Truth of the Matter - Our Children Left Behind has been up and serving American families and organizations with information on the Individuals with Disabilities Education Act [IDEA] reauthorization process since May. We have tried over these past five months to give straight and accurate information on the process, and to inspire families and organizations to contact Congress directly with their stories about IDEA and their concerns about the proposed changes.