IDEA 2004
The Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004) is a United States law that mandates equity, accountability, and excellence in education for children with disabilities. As of 2018, approximately seven million students enrolled in U.S. schools receive special education services due to a disability. Signed into law by President George W. Bush on December 3, 2004. It became effective July 1, 2005 with the exception of elements relating to the "highly qualified teacher". It authorizes formula grants to states, as well as discretionary grants for research, technology, and training. The latest revision of IDEA became  effective in October 2006. IDEA 1997 vs. IDEA 2004. Since being signed into law, the Education for All Handicapped Children Act (EHA) of 1975 has undergone several revisions. It was initially created to assure all children were receiving a free and appropriate public education (FAPE). Updates are made approximately every five years. Changes were authorized in 2004 under the new name of Individuals with Disabilities Education Improvement Act (IDEA). In 2006, additional changes were made to IDEA as final regulations were released. They required schools to use research based interventions in the process of assisting students with learning difficulties, or  determining eligibility for special education. Many schools have implemented Response to Intervention (RTI) as a method of meeting the new requirements set by IDEA 2004. Changes to Due Process. Changes to due process include the following: Procedural Safeguards Notice only needs to be distributed once per year, Parents have two years to exercise due process rights, changes to the due process complaint notice procedure, parents must go through a mandatory resolution session before due process, responsibility for attorney's fees and requirements for hearing officers. Changes to Student Discipline. 1. Adds new authority for school staff to determine discipline on  a case by case basis 2. New standards for manifestation determinations where the burden of proof has been shifted to the parents and must prove that the behavior was "caused by or had direct and substantial relationship to the child's disability", or was a "direct result of the LEA's failure to implement the IEP." 3. Adds a new standard for special circumstances (Drugs, Weapons, Serious Bodily Harm)