Region 10 and Alaska Native T/TA Disabilities Conference Call
IDEA Reauthorization
Minutes
September 14, 2005
2:00 pm – 3:00 pm PST
Guest Speaker was Nancy Treusch, Preschool Grants Coordinator, Office of Special Education Programs, U.S. Dept. of Education. Nancy discussed the new proposed changes and updates of IDEA Reauthorization regarding Early Childhood.
UPDATE:
The new IDEA went into effect July 1, 2005, the public comment period closed a week ago, and now all the comments are being analyzed for the final regulations. Hopefully, the final regulation will be out in December. Part C draft is not yet out, and then it will have to go through the public comment period, before finalization.
Changes to IDEA in ECE:
619 Section – The language in this section did not change, however, states can decide how to use set aside funds. The funding formula did not change. Funding must flow through the local school districts.
Three to Kindergarten – States have the opportunity to create a system to serve Part C children until age 5, or Kindergarten.
Federal Interagency Coordinating Council (FICC) – no longer exist.
Transition – May occur nine months before, and no later than 90 days prior to a child’s third birthday.
Drug Administration – Parents may not be forced to get their children diagnosed for medications, regarding their disabilities.
Early Intervening Services – Is not to be confused with Preschool services. This refers to providing services to only to K-12 children that have not been evaluated.
Model IEP and IFSP forms – The Dept. of Education will develop model IEP, and IFSP forms for states to have clarity regarding what meets minimum requirements. States do not have to use these forms, but must meet minimum requirements.
Definitions – Part B only, has personnel definitions that apply to elementary and secondary teachers highly qualified. Preschool teachers are excluded. Also there are new definitions for medically fragile services, homeless children, and interpretation of services. In Part B School Health Services are now called "School Nurse Services." Definitions of parents, natural, adoptive, foster, surrogate, and acting in the place of. Still have Parent Training Information Centers, (PTI's)
Parent Consent – School districts have to seek parental consent to evaluate a child. If the parent refuses the school district may no longer take it to due process.
Timeline - Evaluations must be completed within sixty calendar days from the date of the parent's signature.
IEP – All children must be educated with their non-disabled peers. If for some reason that cannot occur, the school district must supply an explanation as to why not.
The team may use an IFSP, if no IEP, and add the education components of early literacy, numeracy, and language.
There must be no less than one regular and special education teacher at the IEP meeting., The Part C Coordinator must be present, if parent requests.
Functional Performance - Child on IEP must meet annual goals. Special Education needs to be linked to general education.
Provisional Safeguards – Will not know these until the final regulations come out.
Statue of Limitations - Now can be no longer than two years, before it can go to due process.
Private School Provisions – Definition of Services Plans – According to IDEA, service plans are used for children who are determined eligible but parents decline services and enroll the child in a private program. Each local school district will assess which services they may provide to disabled children choosing private services. Schools districts have to meet state standards.
Eligibility for funding - As of July 1st, all states are on conditional approval.
State Education Agencies - will develop an LEA risk pool to fund and assist local school districts pay for high cost disabled children.
Monitoring Enforcement for SEC – States Performance Plans will address all indicators with base line data six years out. 1) ECE outcomes, 2) Head Start disabled children with regard to outcomes, 3) Preschool LRE’s.
States must develop documents, and have strong input from major stakeholders, such as Head Start. It would behoove Head Start to become stakeholders.
States must gather entry and exit information on each disabled child, then aggregate data, and submit it to the Dept of Education for Special Ed.
Q&A
Staff asked questions at the end of the presentation. Do IEP's still have to be reviewed annually, and must parents be notified at least ten days in advance? It was decided that must be a state regulation, and the federal IDEA states timely notification to parents. IFSPs still must be reviewed every six months.
RESOURCES
Two web pages were given out:
Federal Resource Center for children with disabilities http://www.dssc.org/frc
National Early Childhood Technical Assistance Center http://www.nectac.org