Individuals with Disabilities Education Improvement Act of
2004 and IDEA Regulations of 2006: Implications for
Educators, Administrators, and Teacher Trainers
Mitchell L. Yell, James G. Shriner, and Antonis Katsiyannis
The Individuals with Disabilities Education Improvement Act of 2004 (hereafter
IDEIA) was signed into law by President George W. Bush on December 3, 2004. The law
reauthorized and made important changes to the Individuals with Disabilities Education
Act (IDEA). On August 3, 2006, the U.S. Department of Education released the Regula-
tions implementing IDEIA. Because of the crucial importance of the IDEIA to students
with disabilities, school personnel have to be aware of the changes and challenges that
these amendments pose to educators. In this article we will summarize these changes and
challenges.
First we briefly review the reauthorization process. Next we consider the influential
effect that No Child Left Behind and two major reports had on Congress when it reautho-
rized the Individuals with Disabilities Education Act. Third, we discuss major changes to
the law. We conclude with an examination of how the law will directly affect special edu-
cators, administrators, and teacher trainers.
As we address these topics, we caution the reader that (a) courts will clarify many
of the provisions, and (b) states will have to change their special education regulations to
align with IDEIA. To understand and implement IDEIA appropriately, teachers and admin-
istrators will have to monitor these due process hearings, court cases, and state law, regu-
lations, and guidelines.
THE REAUTHORIZATION PROCESS
When Congress passes a statute that appropriates money, it may fund the statute on
either a permanent or a limited basis. If a law is funded on a permanent basis, the funding
will continue as long as the law remains unchanged unless Congress amends the law or
repeals it. Congress also may appropriate funds for a statute on a limited basis; in this case,
the funding period will be designated in the statute. When this period of time expires, Con-
gress has to either reauthorize funding or let funding expire. Part B, the section of the
IDEIA that creates the entitlement to FAPE and provides federal funding to the states, is
permanently authorized. Part C and the discretionary or support programs in Part D are
VOLUME 39 NUMBER 1 SEPTEMBER 2006
Mitchell Yell is affiliated with the University of South Carolina, James Shriner with the University of Illinois,
and Antonis Katsiyannis with Clemson University.
Copyright © Love Publishing Company, 2006