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Reauthorization of the IDEA 2004

Links to important references and resources on the Reauthorization of the Individuals with Disabilities Education Act (IDEA).

The Individuals with Disabilities Education Act (IDEA) is the primary federal program that authorizes 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, 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 Public Law (PL) 108-446 go into effect on July 1, 2005. The requirements regarding “highly qualified” special education teachers became effective immediately upon signature.

Regulations
Statute: Individuals with Disabilities Education Act (IDEA), as amended in 2004, PL 108-446, 20 United States Code (USC) 1400 et seq.
  • Full text of IDEA Statute, December 3, 2004 External link opens in new window or tab. (PDF)
  • General Table of Contents (Structure of the law):
    • TITLE I - Amendments To The Individuals With Disabilities Education Act

      Part A - General Provisions Findings Highly qualified special education teacher definition (Title I, Part A, Section 602(10)
      Part B - Assistance For Education Of All Children With Disabilities

      • Main section of the act describing special education services and procedural safeguards.

      Part C - Infants And Toddlers With Disabilities
      Part D - National Activities To Improve Education Of Children With Disabilities

      • Section 1450 Findings
      • Subpart 1 - State Personnel Development Grants, sections 1451-1455
      • Subpart 2 - Personnel preparation, technical assistance, model demonstration projects, and dissemination of information
    • TITLE II - National Center For Special Education Research
    • TITLE III - Miscellaneous Provisions Effective dates (Title III - Miscellaneous Provisions, Section 1400 Note
  • Order print version of the IDEA, as amended in 2004, from
Technical Assistance Tools
  • Major Topic Briefs External link opens in new window or tab.
    Office of Special Education Programs (OSEP) has developed a series of topic briefs around several high-interest areas of IDEA. Topic briefs include a summary of all relevant statutory language around that topic, the citations and a cross-reference, when applicable, to other related briefs.
  • Tool Kit on Teaching and Assessing Students with Disabilities External link opens in new window or tab.
    Research briefs, technical assistance, and information for improving instruction, assessment and accountability for students with disabilities. (Apr-2006)
  • Improving Teacher Quality State Grants, ESEA Title II, Part A Non-Regulatory Guidance External link opens in new window or tab. (PDF)
    This Non-Regulatory Guidance explains how State educational agencies, local educational agencies, and State agencies for higher education can effectively and correctly use Title II, Part A funds to ensure that all teachers are qualified and effective.

    This revised guidance, now issued separately from the guidance on Highly Qualified Teachers (HQT), does not depart significantly from the previous version, August 3, 2005. The portion of the guidance that covers HQT is under revision and will be released in the near future.

California Statute Changes, October 7, 2006

Legislation was introduced during the 2007 state legislative session to align California Education Code (EC) to the final IDEA regulations.

  • State Assembly Bill 1662 (Lieber and Daucher) made changes to California special education statutes to bring them into harmony with federal changes enacted through the 2004 reauthorization IDEA. The bill was signed by the Governor on October 7, 2005.

  • Assembly Bill 1841 (Buchanan) aligns EC 56346 with the amended IDEA Part B regulations at 34 Code of Federal Regulations (CFR) 300.300(b)(4). This regulation requires that parental revocation of consent for the continued provision of special education and related services must be in writing, and that upon revocation of consent, a public agency must provide the parent with prior written notice, in accordance with 34 CFR Section 300.503. A letter, alerting all local education agencies addressing this issue, was mailed January 6, 2009.

  • The Special Education Division is developing a new database for searching state and federal laws and regulations. Until this database goes online, please use the following:

    California Legislative Information External link opens in new window or tab.
    Access to California statutes, including Education Code, Government Code, and Welfare and Institutions Code.

  • California Code of Regulations External link opens in new window or tab.
    Access to the California Code of Regulations, Title 5, Division 1, Chapter 3, Individuals with Exceptional Needs, sections 3000-3100.

    United States Code, Title 20, Education of Individuals with Disabilities, sections 1400-1482 External link opens in new window or tab. (PDF)

    Code of Federal Regulations, Title 34, Part 300, Assistance to States for the Education of Children with Disabilities External link opens in new window or tab. (PDF)

    If you have any questions regarding this matter, please contact Allison Smith, Special Education Consultant, Special Education Division, by phone at 916-319-0377 or by e-mail at ASmith@cde.ca.gov.

Resources:
Training:
  • IDEA Regulation Training
    • Building the Legacy: IDEA (NASDSE) External link opens in new window or tab.
      This US Department of Education Web site was created to provide a "one-stop shop" for resources related to IDEA and its implementing regulations including training and technical assistance references.
      Tool Kit on Teaching and Assessing Students with Disabilities External link opens in new window or tab. (NASDSE)
      Research briefs, technical assistance, and information for improving instruction, assessment and accountability for students with disabilities. (Apr-2006)
    • IEP Web Module
      This self-paced Web training module provides information on how to write IEP goals tied to standards, student focused, and measurable.
Questions: Allison Smith | asmith@cde.ca.gov | 916-319-0377 
Last Reviewed: Monday, December 7, 2015
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