IDEA 2004:Reauthorization of Law

The Individuals with Disabilities Act (IDEA) was originally created in 1975 and known at that time as Public Law-142 or Education for All Handicapped Children (EHA). This law makes sure that all children with disabilities from the time that they are born until they graduate from high school are given the appropriate special education services that they need. IDEA now consists of four components: Part A defines the terms used in the law, Part B gives money to states to provide services for eligible children and youth with disabilities, Part C is the Early Intervention Program for Infants and Toddlers with Disabilities, and Part D helps state education departments and other agencies improve how they work with children and youth with disabilities. 

The law was reauthorized by Congress and signed by President George W. Bush in 2004 with changes in special education and related services, some major provisions were made since the last re authorization in 1997 and these provisions are still in effect today. Some changes that were made are listed below:

• Before the new change in 2004 students who were struggling in school had to wait until they were failing to get the help they needed through special education. Since 2004 schools have been able to use up to 15% of IDEA money to support students who have academic and behavioral problems in regular education, but who are not disabled. This has been able to get these services to children earlier and prevent future problems. 
• There were some provisions made for transitioning. In 1997 schools had to consider transition issues for disabled students, but did not have to set clear goals for life after school. Since 2004, schools must plan for transition by setting transition goals and providing transition services beginning at age 16. 
• There were also changes made that affected teachers. In 1997, some state standards for special education teachers were not well defined and as a result many of these teachers did not have the skills to be teaching students with disabilities. In 2004, a standard for highly qualified teachers was established. In order to be considered highly qualified, all teachers have to be fully certified in special education or pass State licensure exams, hold a valid bachelor’s degree and demonstrate subject knowledge.
• Pre-School and Early Intervention Services also made some new adjustments. In 1997, IDEA maintained two separate systems, one of early intervention programs for children from birth to age 3 and one for special education programs for children with disabilities ages 3 through 5. Now states have flexibility to develop a system to serve disabled children from birth to age 5. Under IDEA children need early intervention services because they are experiencing developmental delays in one or more of the following areas: cognitive development, physical development, communication development, social or emotional development, adaptive development, or have a diagnosed physical or mental condition that has a high probability of resulting in a developmental delay.