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What Every Teacher Should Know About IDEA 2004 Laws & Regulations

By Myrna Mandlawitz

Published by Pearson

Published Date: Dec 11, 2006


A timely, jargon-free guide to the IDEA 2004 "laws and regs!" This handy booklet provides everything teachers and administrators should know about IDEA 2004 and its practical implications.  It includes concise descriptions of the statutes, with a side-by-side comparison of the "old" regulations versus those just issued by the DOE in August 2006.  A critical "top-drawer" reference for every educator! 

This clear, comprehensive, jargon-free resource outlines IDEA 2004  and its regulations and highlights their practical implications for practicing and pre-service teachers and administrators. The booklet provides concise descriptions of the aspects of the IDEA law every classroom teacher should know, with a side-by-side comparison of the "old" regulations versus those just issued in August 2006.  When a little friendly background would help the reader better understand the practical implications of the regulations, an additional note is provided.



  • Concise descriptions of the aspects of the IDEA law every classroom teacher should know.
  • A side-by-side comparison of the "old" regulations versus those just issued in August 2006. 
  • Additional notations provided when it would help the reader better understand the practical implications of the regulations.
  • An Index has been included for quick reference.


Myrna Mandlawitz has been involved in the field of education for the past 30 years, as a classroom teacher, in project development in state government, and as an education advocate in Congress.  She is recognized as a national expert in special education law and policy.  Ms. Mandlawitz provides training and writes extensively on special and general education and has provided representation for education administrators, related services providers, and parents of children with disabilities.

Table of Contents

Table of Contents


Introduction: How This Book Is Organized viii

How to read this document 1


Part A: General 1


Section 300: Definitions Used in

the Act 1


Part B: State Eligibility 20


FAPE Requirements 20

Other FAPE Requirements 23

Least Restrictive Environment

(LRE) 28

LRE Requirements 28

Additional Eligibility

Requirements 31

Children with Disabilities

in Private Schools Placed or

Referred by Public Agencies 41

Children with Disabilities

Enrolled by Their Parents

in Private Schools When FAPE

is at Issue 42

SEA Responsibility for General

Supervision and Implementation

of Procedural Safeguards 44

State Complaint Procedures 45

Methods of Ensuring

Services 47

Additional State Eligibility

Requirements 48

State Advisory Panel 52

Other Provisions Required

for State Eligibility 52

By-Pass for Children in Private

Schools 56

State Administration 57

Subpart C: Local Educational

Agency Eligibility 58

Subpart D: Evaluations, Eligibility

Determinations, Individualized

Education Programs, and

Educational Placements 67


Evaluations and

Reevaluations 69

Additional Procedures

for Identifying Children

with Specific Learning

Disabilities (SLD) 75

Individualized Education

Programs (IEP) 81

Subpart E: Procedural

Safeguards 92

Discipline Procedures 114

Subpart F: Monitoring,

Enforcement, Confidentiality,

and Program Information 123

Confidentiality of

Information 127


Information 127

Subpart G: Authorization,

Allotment, Use of Funds,

Authorization of

Appropriations 128

Subpart H: Preschool Grants 129


Part C: Infants and Toddlers with Disabilities 130


Section 635: Requirements

for Statewide System 130

Section 637: State Application

and Assurances 131

Section 640(b): Obligations

Related to & Methods of

Ensuring Services 132

Section 641: State Interagency

Coordinating Council 132

Section 643(e): Reservation

for State Incentive Grants 132


Part D: National Activities to Improve Education of Children

with Disabilities 132


Subpart 1: State Personnel

Development Grants 133

Subpart 2: Personnel Preparation,

Technical Assistance,

Model Demonstration

Projects, and Dissemination

of Information 133

Subpart 3: Supports to Improve

Results for Children with

Disabilities 135


Title II: National Center for Special Education Research (NCSER) 136


Index 139

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