2004 Reauthorization of IDEA

The IDEA 2004 requires the following be considered for children who are deaf and hard of hearing:  language and communication needs, opportunities for direct communications with peers and professional personnel in the child’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child’s language and communication mode.  The IEP team must consider whether the child requires assistive technology devices and services.  Children enrolled in private schools no longer automatically get services from the public schools.  The school district must agree that they cannot provide services for the child and that the private school is the better setting.  This doesn’t mean that a school district won’t provide services but they don’t have to if they weren’t involved in the decision to place the child in the private school.


IMPACT of IDEA Reauthorization on NC
taken from publications produced by The Exceptional Children’s Assistance Center (ECAC)

  1. The IEP team is responsible for the decision making and placement process.
  2. The IEP team (including parents) must gather information that is necessary for appropriate education programming. If they determine further information is needed, a re-evaluation must be conducted.
  3. Major changes in NC IEPs include:
    •         Focus on “general curriculum”
    •         Use of benchmarks along with/instead of objectives
    •         Placement decisions must be based on why the student is being removed from regular education instead of why the student needs special education
    •         State recommended IEP form is provided
    •         Communication Plan must be completed
  4. Progress Reports to Parents- Parents must receive reports of progress toward IEP goals as often as other students receive report cards.
  5. Mediation- Two tier system of mediation created by new state law. Independent mediators are available before a parent files for due process and law judges will offer mediation after due process is filed.


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