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As Seen in Newsday's Parents & Children Magazine
The New IDEA Pamphlet
March 2, 2006
Publication Source:Newsday's Parents & Children - Long Island
Written By:Donnalynn Darling
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To get your FREE copy of the Pamphlet described in NEWSDAY's Parents & Children Magazine (March issue) simply click on the "Download PDF" hyperlink above.  If you'd like to contact the author and attorney, Donnalynn Darling simply click on her name at the bottom of this article to visit her profile with email and contact info., thank you!
 
You may also request a printed and bound copy of the pamphlet mailed to you by calling Lorrie McCabe at 516-741-6565 ext. 5795 or by email: lmccabe@msek.com
 
The Individuals With Disabilities Education Act (IDEA) was reauthorized by Congress in November 2004. IDEA guarantees a free, appropriate public education for children with special needs up to the age of 21 years. Children with suspected disabilities are entitled to a comprehensive evaluation, at no cost to families, to determine eligibility for services. If a child is eligible for services, an Individualized Education Program (IEP) is drafted and services are provided in the least restrictive environment and, whenever possible, with the child's typically developing peers. Each state is required to pass legislation that complies with the requirements set forth in IDEA.
 
As parents of children with special needs prepare to attend annual reviews and work with their school district to prepare their child's IEP for the 2006-2007 school year, they should be aware of changes in the IDEA.
 
Highlights of the Changes:
  • An IEP should focus on functional as well as academic performance. Short-term instructional objectives or benchmarks are only required if a child is taking alternative assessments. The state is also requiring benchmarks for the preschool student with a disability.
  • The CSE (Committee on Special Education) membership has changed to include "not less than” one regular and one special education teacher. A school psychologist is no longer a mandatory member of the committee.
  • A full CSE isn’t required to create or revise an IEP.
  • Evaluations must begin within 60 days after parents sign the consent to have their child evaluated.
  • A student can’t be required to take medication as a condition for receiving an evaluation or special education services.
  • A child’s school placement may be changed immediately if the child seriously hurts another person while at school.
Reauthorization of IDEA has changed students’ rights in many areas. New York State has passed regulations that grant students with disabilities broader rights than the federal IDEA.
 
Donnalynn Darling is a member of the board of trustees of Variety Child Learning Center, a partner at the law firm of Meyer, Suozzi, English & Klein, P.C. and chair of the firm's Education Law practice.
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