Individuals with Disabilities Education Act (IDEA): Analysis of Changes Made by P.L. 108-446 (CRS Report for Congress)
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| Release Date |
Revised Jan. 23, 2007 |
| Report Number |
RL32716 |
| Report Type |
Report |
| Authors |
Richard N. Apling, Domestic Social Policy Division; and Nancy Lee Jones, American Law Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
The Individuals with Disabilities Education Act (IDEA) is the main federal program authorizing state and local aid for special education and related services for children with disabilities. On December 3, 2004, President Bush signed the Individuals with Disabilities Education Improvement Act (P.L. 108-446), a major reauthorization and revision of IDEA. The new law preserves the basic structure and civil rights guarantees of IDEA but also makes significant changes in the law. Most provisions of P.L. 108-446 went into effect on July 1, 2005. This report details the changes made by P.L. 108-446, which include the following:
An extensive definition of "highly qualified" special education teachers and requirement that all special education teachers be highly qualified.
Provisions aimed at reducing paperwork and other non-educational activities (for example, a paperwork reduction pilot program).
Authorization for states to use IDEA funds to establish and maintain "risk pools" to aid local educational agencies (LEAs) that provide high-cost IDEA services.
Modifications to requirements for parents who unilaterally place their children with disabilities in private schools to help ensure equal treatment and participation for such children.
Revised state performance goals and requirements for children's participation in state and local assessments to align these requirements with those in the Elementary and Secondary Education Act of 1965 (ESEA).
Authority for LEAs to use some of their local IDEA grant for "early intervening services" aimed at reducing or eliminating the future need for special education for children with educational needs who do not currently qualify for IDEA.
Significant changes to procedural safeguards, including
the addition of a resolution session prior to a due process hearing to encourage the parties to resolve their dispute,
revised test regarding the manifestation determination, and
addition of a new categoryâwhere a child has inflicted serious bodily injury on another personâto the school's ability to place a child with a disability in an interim alternative educational setting.
Major changes in compliance monitoring to focus on student performance, not compliance with procedures.
Authority to extend Part C services for infant and toddler services beyond the age of two.
This report will be updated to reflect legislative action. That action could result in connection with consideration of the Elementary and Secondary Education Act (ESEA), which is authorized through FY2008. It is generally assumed that the 110th Congress will actively consider legislation to amend and extend the ESEA.
