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Article Excerpt The 2004 IDEA Reauthorization went into effect on July 1, 2005. However, it was not until August 14, 2006, that the U.S. Department of Education issued the final regulations for this amended legislation. The regulations, which were officially effective on October 12, 2006, repeat the legislative provisions and also fill in various other more specific requirements.
The following is a "top ten" of the new requirements for special educators. The bracketed citations are to specific sections in the IDEA regulations, which are available at various websites, including http://idea.ed.gov. The final step will be for each state to incorporate the new federal regulations in its own special education law with any additional requirements in the direction of protecting students with disabilities. Indeed, the new regulations repeat the 2004 requirement that states identify in writing to both the U.S. Department of Education and local districts any such state-imposed additions. Local policies and practices, of course, must be in accord with these federal and, if any, added state requirements.
Each of the following items starts with the pertinent provisions, if any, in IDEA 2004, and then proceeds to those in the 2006 IDEA regulations.
1. Eligibility for Specific Learning Disability
The 2004 IDEA amendments provided that states may no longer require severe discrepancy and must permit "scientific, research-based intervention"--known more generally as responsiveness to intervention (RTI)--as part of the multi-source evaluation approach for determining eligibility under the classification...
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