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Old 01-31-2011, 01:03 PM   #1
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Help understanding IDEA law and changes

I am so confused I am ready to scream. I need to be prepared with the actual text from the IDEA law when I contact the school. I just really don't understand how the laws are written and changed I guess.

I have a book with a copy of the IDEA before the 2004 changes. The specific section that I need is Sec. 300.541 under "Additional Procedures for Evaluation Children with Specific Learning Disabilities" But I have no idea if there were any changes made to it. I have been searching for hours and when I find text for IDEA 2004 the numbers are all in the 600. I can't figure out if that is the law in it's entirety or just amendments with the stuff added on or changed. And since it is 162 pages on a PDF I can't figure out if there is an analogous section to 300.541 if it is the "new" law, or even if it talks about changes to that section. Heck, I can't even figure out what section I am looking at. Would it have killed them to put it on each page like a dictionary or each smaller part like the Bible???

And I keep finding this:
Quote:
A State must adopt, consistent with 34 CFR 300.309, criteria for determining whether a child has a specific learning disability as defined in 34 CFR 300.8(c)(10). In addition, the criteria adopted by the State:
But I can't figure out what/where the heck 34 CFR 300.309 (and a few other numbers I need) is? What I have as a 300.309 is for extended school services. I am so confused.

I don't want a summary or an interpretation-- I want the actual law text.
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Old 01-31-2011, 01:37 PM   #2
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I have found this in what seems to maybe be the 2004 version of the law:

Quote:
(1) Must not require the use of a severe discrepancy between intellectual ability and achievement for determining whether
a child has a specific learning disability, as defined in §300.8(c)(10);
How the heck is that interpreted? That they can't use a standard of "severe" so they have to consider moderate or a minor discrepancy, or that they can't use a finding of a discrepancy at all?
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Old 01-31-2011, 03:09 PM   #3
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Here is the .GOV site with the most current and supplements and lots of other good info. Se sure to read the appendix also.

http://idea.ed.gov/explore/home

34CFR is just the section of the federal register that the regulations are under, section 300.xxx, 301.xxx and 304.xxx are the important sections

http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C

Just type in 300.309 in the search and you will get what you need

http://idea.ed.gov/explore/view/p/%2...300%252E309%2C

and a list of the sections of partD

http://idea.ed.gov/explore/view/p/%2...s%2C300%2CD%2C

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Old 01-31-2011, 03:44 PM   #4
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I am still confused as heck and so fried after 5 hours of research that I am not sure which way is up. I think I found some things I need. The slam dunk section I needed in the IDEA is no longer in there. But I think I found enough in the FAPE section to support my argument that they can't turn down my request for evaluation just because she isn't failing and is passing from grade to grade. I also found an opinion letter from the US Dept of Ed. that supports my argument.

Still have lots of questions. Going to another thread for the next big one.
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