Adopts NCLB definition with some changes: o Certification for charter school special education teachers depends on state charter school law o Special education teacher of students who take alternate assessments may use elementary NCLB standards at any level
o All other special education teachers must meet highly qualified standards in every core subject they teach Participation in Assessments
o All children with disabilities are included in all state and district wide assessments including those under NCLB
o State or LEA has developed guidelines for provision of appropriate accommodations Changes made to the discipline provisions of the Act have given schools flexibility when considering consequences for students with disabilities and students whom the school district knows may be eligible for IDEA services, but who violate the school’s student conduct code. However, protections to ensure that children with disabilities are provided access to educational services for long-term suspension or expulsions remain.
IDEA ’04 also established a “Seamless System” for infants, toddlers, and preschoolers with disabilities. This gives families the option of continuing early intervention services from age 3 through the enrollment in kindergarten. States are now required to make referrals for early intervention services for all children under age 3 who are involved in a substantiated case of child abuse or neglect; or are identified as being affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure.
References: Looney, S. (2004). Education and the Legal System: A Guide to Understanding the Law. Upper Saddle River, NJ: Pearson. National Research Council, Committee on Goals 2000 and the Inclusion of Students with Disabilities (1997). Educating one and all: Students with disabilities and standards-based reform (L. M. McDonnell, M. J. McLaughlin & P. Morison, Eds. ). Washington, DC: National Academy Press. Rothstein, L. F. (1990). Special education law. White Plains, NY: Longman
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