IDEA--Reauthorized Statute

## EARLY INTERVENING SERVICES

**(See also Disproportionality and Overidentification, Local Funding,
and State Funding)**

The reauthorized *Individuals with Disabilities Education Act* (IDEA)
was signed into law on Dec. 3, 2004, by President George W. Bush. The
provisions of the act became effective on July 1, 2005, with the
exception of some of the elements pertaining to the definition of a
"highly qualified teacher" that took effect upon the signing of the act.
This is one in a series of documents, prepared by the Office of Special
Education and Rehabilitative Services (OSERS) in the U.S. Department of
Education, that covers a variety of high-interest topics and brings
together the statutory language related to those topics to support
constituents in preparing to implement the new requirements.[^1] This
document addresses only the changes to the provisions of IDEA regarding
early intervening services that took effect on July 1, 2005. It does not
address any changes that may be made by the final regulations.

# IDEA 2004:

# 1. Adds "early intervening services" to the statute under local education agency (LEA) eligibility.

An LEA may not use more than 15 percent of the amount it receives under
IDEA Part B for any fiscal year, less any amount reduced by the agency
pursuant to Section 613(a)(2)(C), if any, in combination with other
amounts (which may include amounts other than education funds), to
develop and implement coordinated, early intervening services, which may
include interagency financing structures, for students in kindergarten
through grade 12 (with a particular emphasis on students in kindergarten
through grade three) who have not been identified as needing special
education or related services but who need additional academic and
behavioral support to succeed in a general education environment.
\[613(f)(1)\]

# Allows activities in implementing coordinated, early intervening services by LEAs.

-   Professional development (which may be provided by entities other
    than LEAs) for teachers and other school staff to enable such
    personnel to deliver scientifically based academic instruction and
    behavioral interventions, including scientifically based literacy
    instruction, and, where appropriate, instruction on the use of
    adaptive and instructional software; and

-   Providing educational and behavioral evaluations, services, and
    supports, including scientifically based literacy instruction.

\[613(f)(2)\]

# 2. Clarifies the relationship between free appropriate public education (FAPE) and early intervening services.

Nothing in Section 613(f) shall be construed to limit or create a right
to FAPE under Part B. \[613(f)(3)\]

# 3. Establishes reporting requirements.

Each LEA that develops and maintains coordinated, early intervening
services under Section 613(f) shall annually report to the state
education agency (SEA) on:

-   The number of students served under Section 613(f); and

-   The number of students served under Section 613(f) who subsequently
    receive special education and related services under IDEA during the
    preceding two-year period.

\[613(f)(4)\]

# 4. Establishes coordination with the *Elementary and Secondary Education Act* (ESEA) of 1965.[^2]

Funds made available to carry out Section 613(f) may be used to carry
out coordinated, early intervening services aligned with activities
funded by, and carried out under, ESEA if such funds are used to
supplement, and not supplant, funds made available under ESEA for the
activities and services assisted under Section 613(f). \[613(f)(5)\]

# 5. Permits the use of funds for early intervening services.

Notwithstanding Section 613(a)(2)(A) or Section 612(a)(17)(B) (relating
to commingled funds), funds provided to the LEA under Part B may be used
to develop and implement coordinated, early intervening educational
services in accordance with Section 613(f). \[613(a)(4)(A)(ii)\]

# 

# 6. Requires early intervening services in the case of significant disproportionality.

In the case of a determination of significant disproportionality with
respect to the identification of children as children with disabilities,
or the placement in particular educational settings of such children, in
accordance with Section 618(d)(1), the state or the secretary of the
interior, as the case may be, shall require any LEA identified under
Section 618(d)(1) to reserve the maximum amount of funds under Section
613(f) to provide comprehensive coordinated early intervening services
to serve children in the LEA, particularly children in those groups that
were significantly overidentified under Section 618(d)(1).
\[618(d)(2)(B)\]

[^1]: Topics in this series include: Alignment With the *No Child Left
    Behind Act*; Changes in Initial Evaluation and Reevaluation;
    Children Enrolled by Their Parents in Private Schools; Discipline;
    Disproportionality and Overidentification; Early Intervening
    Services; Highly Qualified Teachers; Individualized Education
    Program (IEP) Team Meetings and Changes to the IEP; Individualized
    Education Program (IEP); Local Funding; National Instructional
    Materials Accessibility Standard (NIMAS); Part C Amendments in *IDEA
    2004*; Part C Option: Age 3 to Kindergarten Age; Procedural
    Safeguards: Surrogates, Notice and Consent; Procedural Safeguards:
    Mediation and Resolution Sessions; Procedural Safeguards: Due
    Process Hearings; Secondary Transition; State Funding; and Statewide
    and Districtwide Assessments. Documents are available on the OSERS
    Web site at: www.ed.gov/about/offices/list/osers/index.html.

[^2]: ^2^ For purposes of this document, the *No Child Left Behind*
    *Act* (NCLB) is referred to as the *Elementary and Secondary
    Education Act* (ESEA) of 1965, as amended.