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OSEP Topical Brief: Early Intervening Services (10-04-06)
One provision in IDEA 2004 that is related to disproportionate representation has to do with early intervening services (EIS). EIS refers to the broad application of scientifically-based prevention and support services. EIS provides intervention for students who have not been identified as needing special education or related services but who need additional academic and behavioral support to succeed in the general education classroom.


This document addresses only the changes to the provisions of IDEA regarding early intervening services that took effect on July 1, 2005. It explains how IDEA 2004:

  • Adds "early intervening services" to the statute under local education agency (LEA) eligibility.
  • Clarifies the relationship between free appropriate public education (FAPE) and early intervening services.
  • Establishes reporting requirements.
  • Establishes coordination with the Elementary and Secondary Education Act (ESEA) of 1965.
  • Permits the use of funds for early intervening services.
  • Requires early intervening services in the case of significant disproportionate representation.

  • Links Directory / Topical Link Collections / Disproportionate Representation - Indicator B 9&10 / Research and Policy
  • Links Directory / Topical Link Collections / Responsiveness to Intervention / Federal Guidance
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