Author: Julie M. Lane, Ed.D.
In 2004, the Individuals with Disabilities Education Act was reauthorized. Although it was renamed the Individuals with Disabilities Improvement Act, professionals and parents alike still refer to the law as IDEA. IDEA has been reauthorized many times since its passage in 1975 as the Education of All Handicapped Children Act. One of the most needed areas to be addressed occurred with the reauthorization in 1990. Yes, the act was renamed. However, the reauthorization of 1990 finally gave parents the right to participate in the education planning for their children. Prior to that time, parents did not have the right to contribute to or participate in the Individual Education Plan development.
The reauthorization in 1997 had a substantial impact on special education services in private schools. Prior to 1997 public schools had an obligation to serve children with disabilities in their district even if those children had been placed in private schools by their parents. Now, public schools MAY provide such services at the sole discretion of the school district in which the private school is located.
The authorization of 2004 included the requirement to use Response to Intervention/Multi-tiered Support System in the identification of a child with a learning disability. The discrepancy model could still be used but not stand as definitive if a child did not qualify as having a learning disability. RtI/MTSS must then be used to determine if the child qualifies for special education services.
The attached article provides an overview of the changes in 2004. Although this was fifteen years ago, school districts and parents should revisit the changes. Are schools in compliance? Do parents understand the changes in the law?
It is hoped with the reauthorization of the Elementary and Secondary Education Act of 1964, previously No Child Left Behind Act (2001), and now Every Student Succeeds Act (2018), we will see another reauthorization of IDEA.