Roadmap to IDEA 2004: IEPs, Highly Qualified Teachers & Research Based Instruction

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How will IEPs change under IDEA 2004?

In IDEA 2004, Congress added new language that parents, educators, advocates, and attorneys can use to ensure that children with disabilities are taught by highly qualified teachers and receive research based instruction. This article focuses on new requirements for personnel training, IEPs, and scientifically based instruction.

IDEA 2004 includes new requirements that schools provide "high-quality, intensive preservice preparation and professional development for all personnel who work with children with disabilities" so all school staff have "skills and knowledge to improve the academic achievement and functional performance of children with disabilities " . . . "including the use of scientifically based instructional practices."

Findings and Purposes (Section 1400) is the first section of IDEA. Findings (Section 1400(c)(5)) was changed significantly. (Note: the text below is from IDEA 2004. New words are in bold and italics)

Section 1400: Findings & Purposes

Over 30 years of research . . .

Section 1414: Evaluations, Reevaluations, IEPs

Congress added new language to the definition of IEPs in Section 1414(d). IEPs must include "a statement of the special education and related services and supplementary aids and services, based on peer-reviewed research . . ."

The following language about IEPs is from Section 1414. The text in bold & italics is NEW.

(d) INDIVIDUALIZED EDUCATION PROGRAMS -

1) DEFINITIONS - In this title:

(A) INDIVIDUALIZED EDUCATION PROGRAM -

(i) IN GENERAL -The term `individualized education program' or `IEP' means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with this section and that includes--

(I) a statement of the child's present levels of academic achievement and functional performance, including--

(aa) how the child's disability affects the child's involvement and progress in the general education curriculum;

(bb) for preschool children, as appropriate, how the disability affects the child's participation in appropriate activities; and

(cc) for children with disabilities who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives;

(II) a statement of measurable annual goals, including academic and functional goals, designed to--

(aa) meet the child's needs that result from the child's disability to enable the child to be involved in and make progress in the general education curriculum; and

(bb) meet each of the child's other educational needs that result from the child's disability;

(III) a description of how the child's progress toward meeting the annual goals described in subclause (II) will be measured and when periodic reports on the progress the child is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided;

(IV) a statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided for the child . . .

Full text of Section 1414 with changes.

IDEA 2004 at Wrightslaw

IDEA 2004 at Wrightslaw will help you find answers to your questions. How the site is currently organized:

Law & Regulations	IDEA 2004 News
Guidance from Dept of Education	Publications & Reports
Articles about IDEA 2004	IDEA 97

Wrightslaw: Special Education Law, 2nd Edition

Wrightslaw: Special Education Law, 2nd Edition (ISBN: 978-1-892320-16-2, 456 pages, 8 1/2" x 11", perfect bound) by Peter Wright and Pamela Wright, published in 2007, is available in two formats: a print book and a print & e-book combo. The book includes:

Full text of the Individuals with Disabilities Education Act of 2004 and IDEA 2004 regulations with analysis and commentary
Section 504 of the Rehabilitation Act
No Child Left Behind Act
Family Education Rights and Privacy Act (FERPA)
McKinney-Vento Homeless Act
Decisions in special education cases from the U. S. Supreme Court
References and resources

Wrightslaw: Special Education Law, 2nd Edition is available in two versions: as a print book and as a print book & e-book combo.

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E-book and Print Book Combo (456 pages, 8 1/2" x 11", perfect bound, $44.95 plus shipping) When you order the Special Education Law E-book and Print Book Combo, you'll receive a link to the Wrightslaw: Special Education Law, 2nd Edition E-book (3.8 mgs) immediately. The text in the Special Education Law E-book is identical to the print version. The E-book has bookmarks, page thumbnails, hyperlinks to hundreds of references, and is designed to help you find information on specific topics quickly and easily (Value: $15.00). Order

Wrightslaw: Special Education Law, 2nd Edition is designed to meet the needs of parents, teachers, advocates, attorneys, related services providers, school psychologists, administrators, college professors, hearing officers, and employees of district and state departments of education.Internet Orders l Mail or Fax Orders l Toll-Free Phone Orders

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