What is the full name of IDEA 2004?
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The Individuals with Disabilities Education Improvement Act of 2004, signed into law December 3, 2004, effective July 1, 2005.
What are the two primary purposes of IDEA 2004?
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1) Provide education that meets a child's unique needs and prepares them for further education, employment, and independent living. 2) Protect the rights of children with disabilities and their parents.
Where is IDEA 2004 found in the United States Code?
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Title 20 of the United States Code, beginning at Section 1400 (cited as 20 U.S.C. § 1400 et seq.).
Where are the IDEA 2004 federal regulations found?
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Volume 34, Part 300 of the Code of Federal Regulations (cited as 34 CFR § 300).
What is the legal citation for Section 504 of the Rehabilitation Act of 1973?
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29 U.S.C. § 794 et seq.
What is the legal citation for the Family Educational Rights and Privacy Act (FERPA)?
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20 U.S.C. § 1232 et seq.
What is the legal citation for the McKinney-Vento Homeless Assistance Act?
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42 U.S.C. § 11431 et seq.
What landmark 1954 Supreme Court case paved the way for disability rights in education?
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Brown v. Board of Education, 347 U.S. 483 (1954), which established that all children have the right to equal educational opportunities.
What were PARC and Mills, and why are they important?
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PARC (Pennsylvania Assn. for Retarded Children v. Commonwealth of PA) and Mills v. Board of Education (D.C.) were early 1970s cases that challenged exclusion of children with disabilities from public schools, catalyzing passage of Public Law 94-142.
What was Public Law 94-142 and when was it enacted?
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The Education for All Handicapped Children Act, enacted November 19, 1975. It established the right to education for all children with disabilities and created procedural safeguards to protect their rights.
What is a 'free appropriate public education' (FAPE)?
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The core entitlement under IDEA — special education and related services designed to meet a child's unique needs, provided at no cost to parents, as defined in 20 U.S.C. § 1400(d).
What did the Supreme Court decide in Board of Education v. Rowley (1982)?
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Established the standard for FAPE: schools must provide personalized instruction with sufficient support services to permit the child to benefit educationally, but are not required to maximize potential.
What did the Supreme Court decide in Irving School District v. Tatro (1984)?
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Determined that certain health services (clean intermittent catheterization) are 'related services' required under IDEA when necessary for a child to attend school and benefit from special education.
What did Burlington School Committee v. Department of Education (1985) establish?
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Parents who unilaterally place a child in a private school may be reimbursed for tuition if the IEP was inadequate and the private placement was appropriate.
What did Honig v. Doe (1988) establish?
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Schools cannot unilaterally exclude students with disabilities through long-term suspensions or expulsions for disability-related behavior; the 'stay-put' provision must be followed.
What did Florence County School District IV v. Shannon Carter (1993) establish?
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Parents can receive tuition reimbursement for a private placement even if the private school does not meet all IDEA requirements, as long as the IEP was inappropriate and the private placement provided a FAPE.
What did Cedar Rapids v. Garret F. (1999) establish?
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Continuous one-on-one nursing services required during school hours are 'related services' under IDEA that schools must fund, if necessary for the child to access education.
What did Schaffer v. Weast (2005) establish?
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The burden of proof in IDEA due process hearings rests on the party seeking relief, which is typically the parents challenging the IEP.
What did Arlington v. Murphy (2006) establish?
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IDEA does not authorize courts to award expert witness fees to prevailing parents; only attorneys' fees are recoverable under IDEA's fee-shifting provision.
What is the Supremacy Clause and how does it apply to special education?
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The U.S. Constitution's Supremacy Clause requires that when a state law conflicts with federal law, federal law controls. States may provide MORE rights than IDEA but never fewer.
What is the difference between a statute and a regulation?
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A statute is a law passed by a legislature (e.g., IDEA). A regulation clarifies and explains the statute, is developed by an agency (e.g., Dept. of Education), and has the same force of law.
What is the IDEA 2004 Commentary and why is it important for advocates?
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The 'Analysis of Comments and Changes' published with the IDEA 2004 regulations in the Federal Register (pp. 46547–46743). It clarifies definitions, disputed issues, and plain meaning of regulations — invaluable for legal research.
What are the five parts of IDEA 2004?
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Part A: General Provisions (§§1400–1409); Part B: Assistance for All Children with Disabilities (§§1411–1419); Part C: Infants and Toddlers (§§1431–1444); Part D: National Activities (§§1450–1482); Part E: National Center for Special Education Research (§9567).
What does Section 504 of the Rehabilitation Act cover, and how does it differ from IDEA?
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Section 504 prohibits discrimination against people with disabilities and requires accommodations, modifications, and improved access. Unlike IDEA, it does not provide special education services but ensures access to general education programs.
What does the McKinney-Vento Act require for homeless children with disabilities?
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Immediate school enrollment for homeless children, decisions made in the 'best interest of the child,' and that homeless children with disabilities retain their rights under IDEA.
What does FERPA protect?
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The privacy and confidentiality of student educational records. It governs parental access, amendment, disclosure, and destruction of records.
What key IDEA sections should every advocate know by number?
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§1400 (Findings & Purposes), §1401 (Definitions), §1412 (State Eligibility), §1413 (LEA Eligibility), §1414 (Evaluations, IEPs, Placements), §1415 (Procedural Safeguards).
What does 'et seq.' mean in a legal citation?
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Latin for 'and the following ones.' It indicates the law begins at the cited section and continues in subsequent sections (e.g., 20 U.S.C. § 1400 et seq.).
What did Congress find in 1972 about children with disabilities before PL 94-142?
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Of 8+ million children needing special education, only 1.9 million received appropriate education; 1.75 million received NO services; 2.5 million received inappropriate education.
What was the finding about minority children in IDEA 2004 and why does it matter for advocates?
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Congress found ongoing overrepresentation: African-American children were identified with mental retardation and emotional disturbance at disproportionately high rates. Advocates must watch for inappropriate placements driven by race rather than disability.
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