While A2Z is by no means claiming to be an expert on all of the confusing (and somewhat still undetermined) changes, we offer the following information to parents:

IDEA to IDEIA - What are all these "improvements" all about?

As of July 1, 2005 the new Individuals with Disabilities Education Improvement Act (I.D.E.I.A.) of 2004 is in effect. I.D.E.I.A. was signed in December 2004 by President Bush. There are numerous sources of information about the new law on the web. If you want to read the laws themselves, we suggest you start with the U.S. Department of Education's page at http://www.ed.gov/policy/speced/guid/idea/idea2004.html.
For a good user friendly comparison of IDEA to IDEIA, check out Pete Wright's analysis at http://www.wrightslaw.com/idea/idea.2004.all.pdf.

Some of the Key Changes Include the Following:

* Specific Learning Disability (SLD) Eligibility - IDEIA replaces the old model for eligibility - which was the discrepancy model - to the "Response to Intervention" (RTI) model. How exactly this will be implemented by the school districts in eligibility decisions is yet to be seen. The new law leaves the specific criteria to the discretion of the educational agency.
* Evaluations - IDEIA reiterates the idea that evaluations are NOT just linked to academic performance. The new law explicitly recognizes that the child's developmental needs must be assessed, including academic, social and emotional needs. Evaluators must look at all areas of functioning, not predominately academics.
* Parent Refusal - Under new law, if the parent refuses to consent to the provision of services, the school district may not provide special education services and may not initiate due process to force services. (under previous law, school district could file for DP if parent refused consent)
* Attorney's fees - Parents still may collect fees if they are the prevailing party at Due Process. District may recover fees from parents if the case is determined to be frivolous, unreasonable, or without foundation... Exception applies if "to the best of the person's knowledge, information, and belief," the case was reasonable...
* Procedural Safeguards - reduced notice requirements regarding district's notice to parents
* Due Process - requests must be clear and specific. Also, new law gives school district the ability to resolve the complaint outside of the hearing or even mediation - within 15 days of the parent filing for the school district convenes an IEP meeting. School district's have an additional 15 days then to resolve the complaint.
* IEP requirements - loosened requirement for mandatory participants; short term objectives no longer required; IEP can be amended without a meeting if parents and school agree.
* Services - new law adds the statement "based on peer-reviewed research to the extent practicable" with relation to services.
* Behavior - changes 45 day interim placement to 45 school days; expands circumstances under which a school district can transfer a child to an interim placement; shifts stay put to the alternative setting
Tips for Parents:
* Read the Information available on the new law. Wrightslaw is a good, user friendly resource.
* ASK QUESTIONS of your school district and ASK TO SEE THE NEW PARENT'S RIGHTS GUIDE from your district. Read it.
* Remember that some things have changed to create lesser requirements - but require parent consent. For example - although the law allows for changes without an IEP meeting, this does not mean that the school district can unilaterally change the IEP - you have to consent in order for a change to occur without a meeting.
* When your district proposes a certain service or method - ask to see evidence of the peer reviewed research that the decision is based on.

SEHO to OAH - does it matter?

As of July 1, 2005, the Office of Administrative Hearings will be administering and hearing due process cases. This is a change from the previous system (Special Education Hearing Office).

Please see the OAH announcement located at http://www.oah.dgs.ca.gov/Special+Education/Default.htm.
Cases that were filed with the Special Education Hearing Office (SEHO) prior to close of business on June 30th were transferred to OAH as opened cases. For cases that commenced a hearing prior to the close of business on June 30th, SEHO is finishing those cases (completing the hearing, writing decisions for hearings already held, etc). All cases filed July 1 or later are filed with OAH.

What this means: Mostly, the switch from SEHO to OAH has meant confusion and delays. Because of the confusion and the massive number of cases filed in anticipation of the changes on July 1st, there have been scheduling delays with mediations and hearings. It remains unclear how the switch will substantively impact the outcome of the cases, if at all.

The state contracted with McGeorge (home of SEHO) to continue to provide mediation services for Due Process cases through the end of this year.

For A2Z Clients: If you have any concerns about the impact on your case, please do not hesitate to contact us immediately!