On June 4, 1997, President Clinton signed Public Law 105-17, the most comprehensive change to special education since PL 94-142 in 1975. The reauthorization battle is over. It is time to get to the business of implementing this paradigm for special education. In this article, we will summarize major changes in IDEA 97. In addition, we will describe the Utah strategy for implementing this new law.

 IDEA '97: A BRIEF LISTING OF CHANGES

 While it is impossible to write a thorough and brief summary of IDEA reauthorization changes, I will outline several of the major and critical issues that most directly affect special education teachers.

 As of June 4, 1997, the following changes are in force:

I. EVALUATION: (A) parents' consent required for reevaluation (with some exceptions); (B) evaluation information must include, among others, information about access to and progress in the general curriculum; (C) reevaluations still every three years, but the team (includes parents) may determine that no additional testing data is needed (notice and rights provided to parents).

  II. CLASSIFICATION (ELIGIBILITY): (A) parents are required to be part of the eligibility determination; (B) team report provided to parent; (C) students are not eligible, if the determinant factor is the lack of instruction in reading or math, or limited English proficiency.

  III. PLACEMENT: (A) parents must be members of the placement team; (B) if a district made FAPE available to a student, and parents placed the student in a private school, special education services are not due to the student as an entitlement; (C) private school reimbursement may be reduced or denied if (1) parents didn't inform the IEP team of concerns and intent to place student in private school at public expense - or, (2) failed to provide written notice of such intentions 10 days before privately placing the child - or (3) parents failed to make the child available for an evaluation.

  IV. DISCIPLINE: (A) regular disciplinary actions (10 day rule) still applicable, as for non-disabled peers; (B) not later than 10 days after taking disciplinary action, the district shall convene an IEP meeting to develop or review/modify a functional behavioral assessment plan; (C) Interim Alternate Educational Setting (IAES) placement, up to 45 days, (1) may be ordered if the student brings weapons, or possesses, sells, or uses illegal drugs/controlled substances at school, (2) must be an IEP team decision, (3) IAES must enable student to participate in the general curriculum, although in another setting (this means content, not location), (4) IAES must provide services/modifications described in current IEP, to enable student to meet IEP goals, and (5) IAES must provide services/modifications to address the behavior "so that it does not recur;" (D) if the student is deemed dangerous to self or others, the district may request a hearing officer order placing the student in an IAES for up to 45 days (with certain conditional requirements).

  V. MANIFESTATION DETERMINATION (RE: DISCIPLINE): is required if there is a question about the cause of the behavior if (A) disciplinary action is over 10 days, (B) the IEP team and "other qualified personnel" must make the determination; (C) the determination is made within 10 days after the decision to discipline; (D) the parent must be notified of all procedural safeguards (parents' rights); (E) the IEP team may determine that behavior is not a manifestation of the disability only if: (1) in relation to behavior, the IEP and placement are deemed appropriate; (2) the IEP services and behavior intervention strategies were implemented; (3) the disability did not impair the ability of the child to understand the consequences and impact of the behavior; and (4) the disability did not impair the student's ability to control his/her behavior; (5) the team must consider evaluation and diagnostic results, information supplied by the parent, student observations, and the appropriateness of the IEP and the placement; (F) parents may challenge the determination or placement decision and receive an "expedited" hearing. If so, stay put is the IAES.

  VI. STUDENTS NOT YET ELIGIBLE: (A) may assert IDEA protections if it can be shown that the school district had knowledge about the student's potential eligibility; (B) the district will be deemed to have such knowledge if: (1) the parent has expressed concern in writing to school personnel that the child is in need of special education; (2) the parent has requested an evaluation; (3) the behavior or performance of the child demonstrates a need for special education; or (4) the teacher or other school personnel expressed concern about the child's behavior or performance to the special education director or to other school personnel.

  VII. REFERRAL TO LAW ENFORCEMENT/JUDICIAL AUTHORITIES: (A) a district is not limited from reporting a crime committed by a student with a disability to appropriate authorities; (B) if the district reports a crime (as above), it must ensure that copies of the special education and disciplinary records of the student are transmitted to the authorities.

 Again, please remember that the changes described above are not inclusive, but are only a brief example of major changes affecting teachers. Please look to your local directors of special education for more thorough guidance or changes required by IDEA - 1997 reauthorization. Expanded and thorough direction will be provided to and by school districts in an ongoing fashion during the coming months.

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