	Introduction

The Individuals with Disabilities Education Act (IDEA—20 U.S.C. President Bush signed the bill on December 3, 2004 ( P.L. 108-446 —The Individuals with Disabilities Education Improvement Act of 2004). 108-446 went into effect on July 1, 2005 . Additional legislative action could result in connection with consideration of the Elementary and Secondary Education Act (ESEA). It is generally assumed that the 110 th Congress will actively consider legislation to amend and extend the ESEA. (The ESEA is authorized through FY2008.) This report details the changes made by P.L. 108-446 links its definition to the definition of "highly qualified" in Section 9101(23) of the Elementary and Secondary Education Act (ESEA) but modifies that definition as it applies to special education teachers. Special education teachers who have emergency, temporary, or provisional certification do not meet the IDEA definition. 108-446 aims to address these high costs by permitting states to reserve 10% of the funds reserved for other state activities (or 1 to 1.05% of the overall state grant) to establish and maintain a risk pool to assist local education agencies (LEAs) serving high-need children with disabilities. These requirements provide for state guarantees of some of the central provisions of IDEA. 108-446 makes significant changes to some state eligibility requirements: most notably those regarding children enrolled by their parents in private schools, personnel qualifications, performance goals and indicators, and participation in assessments. This consultation is to include
the child find process and how parentally placed private school children with disabilities can participate equitably; the determination of the proportionate amount of federal funds available to serve parentally placed private school children with disabilities, including how that amount was calculated; the consultation process among the LEA, private school officials and representatives of parents of parentally placed private school children with disabilities, including how the process will operate; how, where, and by whom special education and related services will be provided for parentally placed private school children with disabilities, including a discussion of the types of services, including direct services and alternate service delivery mechanisms, how the services will be apportioned if there are insufficient funds to serve all children and how and when these decisions will be made; and how the LEA shall provide a written explanation to private school officials of the reasons why the LEA chose not to provide services if the LEA and private school officials disagree (§612(a)(10)(A)(iii)). Early Intervening Services

P.L. The following is a brief discussion of the major changes made in §615 by the new law. Two more significant changes are made, however. Resolution Session

A new provision for a "resolution session" is added as a requirement prior to a due process hearing. The 2004 reauthorization adds another situation to the school personnel's authority: where a child has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function (§615(k)(1)(G)). Generally, Congress determined that the previous law on monitoring focused too much on compliance with procedures and in the 2004 reauthorization, shifted the emphasis to focus on student performance. Currently all states qualify for and receive IDEA preschool grants. addition to the requirements for the state application requiring policies and procedures for referral for services for infants and toddlers "involved in a substantiated case of child abuse" or "affected by illegal substance abuse, or withdrawal symptoms resulting from prenatal drug exposure" (§637(a)(6)) and requiring state cooperation with Early Head Start programs and other child care and early education programs (§637(a)(10)); expansion of the requirement for an interagency agreement between the Part C lead agency and other relevant public agencies to ensure financing and provision of Part C services (§640(b)); elimination of the Federal Interagency Coordinating Council ( P.L. to establish the National Center for Special Education Research.
The Individuals with Disabilities Education Act (IDEA) is the main federal program authorizing state and local aid for special education and related services for children with disabilities. On December 3, 2004, President Bush signed the Individuals with Disabilities Education Improvement Act (P.L. 108-446), a major reauthorization and revision of IDEA. The new law preserves the basic structure and civil rights guarantees of IDEA but also makes significant changes in the law. Most provisions of P.L. 108-446 went into effect on July 1, 2005. This report details the changes made by P.L. 108-446, which include the following:
An extensive definition of "highly qualified" special education teachers and requirement that all special education teachers be highly qualified. Provisions aimed at reducing paperwork and other non-educational activities (for example, a paperwork reduction pilot program). Authorization for states to use IDEA funds to establish and maintain "risk pools" to aid local educational agencies (LEAs) that provide high-cost IDEA services. Modifications to requirements for parents who unilaterally place their children with disabilities in private schools to help ensure equal treatment and participation for such children. Revised state performance goals and requirements for children's participation in state and local assessments to align these requirements with those in the Elementary and Secondary Education Act of 1965 (ESEA). Authority for LEAs to use some of their local IDEA grant for "early intervening services" aimed at reducing or eliminating the future need for special education for children with educational needs who do not currently qualify for IDEA. Significant changes to procedural safeguards, including the addition of a resolution session prior to a due process hearing to encourage the parties to resolve their dispute, revised test regarding the manifestation determination, and addition of a new category—where a child has inflicted serious bodily injury on another person—to the school's ability to place a child with a disability in an interim alternative educational setting. Major changes in compliance monitoring to focus on student performance, not compliance with procedures. Authority to extend Part C services for infant and toddler services beyond the age of two.
This report will be updated to reflect legislative action. That action could result in connection with consideration of the Elementary and Secondary Education Act (ESEA), which is authorized through FY2008. It is generally assumed that the 110th Congress will actively consider legislation to amend and extend the ESEA.