Individuals with Disabilities Education Act

(A law in the United States that guarantees certain rights and services to students with disabilities)

 

Table of Contents

-Overview

-History

-Requirements Mandated In IDEA

-Identification of special needs

-IEP components

-Classification label

-Present levels of performance

-Long term goals

-Short term objectives

-Least restrictive environment

-Programs and services

-Program modifications and supports

-Testing modifications

-Specialized equipment/Adaptive devices

-Behavior intervention plan

-Transition services

-Culturally different and English Language Learners/Limited

 English Speaking students

-Behavior and Discipline

-Other Aspects of IDEA

-Annual review

-Reevaluation

-Due process

-Independent educational evaluation

-Further Study

 

 

 

 

 

 

 

INDIVIDUALS WITH DISABILITIES EDUCATION ACT (I.D.E.A.)

 

OVERVIEW: The Individuals with Disabilities Education Act  is a national law in the United States.  IDEA has gone through numerous Areauthorizations@ (revisions) since its original passage into law in 1975.  As in previous versions, it guarantees certain educational rights for students with disabilities.  IDEA requires that schools  engage in designated processes and procedures that assure full and fair educational access to students with exceptionalities between the ages of three and twenty one.

 

These requirements are fairly recent.  Prior to the mid 1970's, many states had laws that allowed their schools to deny services, and even enrollment, to students with disabilities.  There were no legal obligations requiring local schools to grant the same educational opportunities they provided to students without impairments.

 

HISTORY: The heritage of IDEA can be traced back to an 1827 Congressional act that set aside land for an asylum for the Adeaf and dumb@, later acts to rehabilitate soldiers or train disabled citizens to contribute to the war effort, and legislation that provided funding to set up schools for students who were deaf or blind.  In 1958, following the launching of the Sputnik satellite by the Russians, the US Congress passed the National Defense Education Act which was designed to increase the production of scientists and mathematicians.  As a result, specialized programs for gifted youth were developed.

 

It was during this period in the late 1950s and early 1960s that a significant increase in national legislation for people with disabilities occurred.  Advocacy groups, led largely by parents of children with disabilities, placed pressure on federal law makers while President John F. Kennedy (who had a sister with cognitive impairments) and Senator Hubert Humphrey initiated legislation.  Congressional legislation to support the training of teachers of the Deaf was passed in 1961.  In 1963, that legislation was amended to provide for training of teachers of the hard of hearing, speech impaired, physically disabled, blind/visually impaired, emotionally disturbed, and other health impaired.  Funding for vocational training of students with disabilities also passed in 1963.

 

In 1965, the Elementary and Secondary Education Act (ESEA) was passed into law.  One part of the ESEA, called Title 1, was revised to provide grants to state educational agencies to encourage them to provide free and appropriate public education to students with disabilities.  Later amendments to the ESEA provided funding to create resource centers for evaluating suspected or known disabilities, establish schools for students who were Deaf/blind, recruit professionals into the field, and set up centers to disseminate information regarding disabilities, effective practices, and appropriate services.  Provisions for gifted and talented youngsters were also added.  Funding for Ademonstration programs@ for preschool students with disabilities was provided in 1968 through passage of the Handicapped Children=s Early Education Act.

 

Much of the legislation pertaining to the education of students with disabilities was a result of legal decisions.  These legal directives often had their foundation in the 14^th amendment to the U.S. Constitution which provides that citizens can not be deprived of Aequal protection of the laws@ or denied of Alife, liberty, or property, without due process of law.@  With regard to states= rules and regulations for education, the amendment mandates that education be provided to all citizens on an equal basis, and that it not be denied unless due process of law is undertaken.  While constitutionally, states have no requirement to set up schooling for it=s citizens, all states choose to do so.  Having made the choice to educate it=s youthful citizens, a state must do so on equal terms.

 

The first, and most notable legal decision to emanate from the 14^th amendment was Brown v. Board of Education in 1954.  It challenged the practice of segregating students by race.  The ruling proclaimed that segregated schooling of black children, even if done in facilities with equivalent services, carried a stigma and was inherently unequal in that it denied them interaction with students of other backgrounds.

 

This landmark legal decision paved the way for claims by advocacy groups for the disabled that separate education (and the denial of free and appropriate educational services) for their children was unlawful.  The 1960s and early 1970s saw a great increase in the number of court cases pertaining to the education of students with disabilities.   When seeking educational rights for them, over 30 cases during that time period used the legal principles and theory of Brown v. Board of Education as their basis for questioning the rational and necessity of denial and separation.  At that time, many states had laws permitting their schools to deny enrollment to children with disabilities.  In other states, students with disabilities might be enrolled, but they were typically isolated in separate classrooms or otherwise educated apart from non-impaired students.

 

Of particular note are two cases in the early 1970s that would serve as impetus for similar cases in other states.  In 1971, the judge in Mills v. Board of Education ruled that children with disabilities must be given protection from wrongful removal from an appropriate education.  This protection was to be guaranteed by requiring Adue process@ (grievance procedures involving a designated series of steps) when parents and schools differ on what they consider to be appropriate education.  In 1972, the decision in the case of the Pennsylvania Association for Retarded Citizens v. Commonwealth of Pennsylvania, mandated that students with mental retardation and other disabilities must be provided a free and appropriate education.  Additionally, it stipulated that placement in public schools and general education classrooms was preferable to segregated educational settings.

 

These legal precedents, combined with pressure from advocacy groups and a more enlightened view of education among society, led to the passage in 1975 of a monumental piece of legislation that would guide the education of children with disabilities to this day.  Public Law 94-142 (the 142^nd public law passed by the 94^th congress), titled The Education Of All Handicapped Children Act of 1975, established how the principle of Aequal protection under the laws@ would apply to the education of students with disabilities.  States were directed to assure that each Local Educational Agency (the student=s school district) provided a Free (no charge to parents) and Appropriate (designed for the characteristics, needs and strengths of that student) Education (FAPE) for all students with disabilities between the ages of three and eighteen (later to be changed to twenty-one) by the beginning of the 1980 school year.  Now, nationwide, schools were prohibited from excluding these students.  Those districts that continued to do so, found all of their federal educational funding withheld.

 

The mandates within that law would change periodically with the various Areauthorizations@.  A title change would also occur due to dissatisfaction with the terms AHandicapped@ (a word whose derivation comes from Acap in hand@ or begging, and which focuses on the limitations imposed by society instead of an inability to do certain things) and AChildren@ (the legal protections of the law can now be extended up through the age of 21 for many students).  Presently, the law is known as the AIndividuals with Disabilities Education Act@.  Two other major changes to the law were made in the 1990 reauthorization that changed the name of the law.  They were: an emphasis on Atransition@ in which IDEA required that students have an individualized plan to help them make the move to the world of work or continuing education; and the recognition of two new areas of disability; traumatic brain injury (acquired injury to the brain) and autism.  These disabilities were previously subsumed under other disability categories.

 

ASecond generation@ court cases, in which opposing parties dispute how the law should be interpreted and implemented, and recent reauthorizations of the law in 1997 and 2003 have continued the evolution of IDEA.  It can be expected that IDEA will continue to evolve as our conceptualizations of what we mean by equality, justice and integration change.  However, it can also be expected that the original intent of the law will continue to apply as expressed in it=s original wording: A...that to the maximum extent appropriate, handicapped children, including those children in public or private institutions or other care facilities, are educated with children who are not handicapped, and that special classes, separate schooling, or other removal of handicapped children from the regular educational environment occurs only when the nature or severity of the handicap is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.@

 

This significant piece of educational legislation brings students with disabilities closer to the American ideal of being fully participating citizens with the same rights and privileges as others.

 

 

 

THE REQUIREMENTS MANDATED IN IDEA:

 

IDENTIFICATION OF SPECIAL NEEDS

If a teacher or parent believes that a student might have a disability, a group of educational professionals within the school building investigates.  Known as the School Based Support Team (SSBT), this team provides suggestions to the student=s general education teacher(s) in an attempt to help the at-risk youngster succeed without special education services.

 

If the strategies suggested by the SSBT are ineffective, an expanded team of education professionals known as the IEP team or Multidisciplinary Team is summoned.  They conduct assessments in order to help determine whether the student is eligible for special education services.  Membership of this team must include (at minimum) the student=s parent/guardian, a general education teacher, a special education teacher, a representative of the LEA who is familiar with curriculum and able to provide/supervise special education services in district; and may include the student and other individuals with knowledge or special expertise regarding the student.

 

If special education services are deemed necessary, an Individualized Educational Plan (IEP) is developed.  An IEP is a document that contains information to guide the student=s educational programming.  It is written by the IEP team, based on acquired assessment information.

 

 

 

IEP COMPONENTS

IDEA requires that an IEP document contain the following parts:

 

Classification label - The student is assigned one of 12 special education labels (e.g., learning disabled, blind, autistic) based on the assessment of strengths, needs, and characteristics.

 

Present levels of performance - The student=s functioning level in academics, physical capabilities, behavior, social interaction, language/communication, and other areas are identified.  This part also describes how the disability effects involvement and progress in the general education curriculum; or for preschoolers, how the disability affects participation in activities.

 

Long Term Goals - Measurable yearly achievement targets are listed for various deficient areas.  They are related to general education curriculum, if the student=s abilities allow for that course of study.

 

Short Term Objectives - These measurable achievement targets, stated in instructional terms, represent intermediate steps between the present levels of educational performance and the annual goals.

 

Least Restrictive Environment (LRE) - Students with disabilities must be educated in the setting in which they can best achieve to their potential.  The multidisciplinary team MUST consider general education placement (with any necessary supports and modifications) before any other placement options (e.g., resource room, self contained classroom, special school).  The selection of any other placement option must be justified in the IEP.

 

Programs and Services - This section of the IEP identifies provisions made to help the student succeed in meeting the yearly goals and short term objectives.  Some examples would include; counseling, resource room assistance, and transportation.  This section also identifies the extent to which the student will participate in general education.

 

Program Modifications and Supports - This component identifies the special considerations and actions to be carried out by teachers so that the student can advance toward achievement of the annual goals, be involved in the general education curriculum, and be able to participate with non-disabled students in academic and non-academic activities.

 

Testing Modifications - The IEP must contain a listing of special allowances (e.g., extra time to complete tasks, questions read orally to a pupil) made for the student when taking local or state tests.  If typical assessment procedures would produce inaccurate results, an explanation must be included as to why this is the case.  If standard tests, administered with modifications, would not provide accurate or useful information, the IEP must identify how the student=s abilities will be assessed.

 

Specialized Equipment/Adaptive Devices - Any items (e.g., technology devices, brailler, FM hearing unit) necessary for the student to benefit from education are to be listed.

 

Behavior Intervention Plan (BIP) - An additional component is attached to the IEP for students who display inappropriate behaviors.  This section must contain Positive Behavior Intervention Strategies (PBIS) designed to modify the student=s behavior in respectful, non-punitive ways.

 

Transition Services - IEPs for students over the age of 14 must identify services and programming needed to help prepare the student for post-school success

 

 

CULTURALLY DIFFERENT & ENGLISH LANGUAGE LEARNERS (ELL)/LIMITED ENGLISH PROFICIENT (LEP) PUPILS

Out of concern that students who have limited English skills might be inappropriately labeled as having a disability, IDEA has provided certain protections for these youth.  For example, no special education label or services can be assigned if the limited English ability of an ELL is the reason for impaired school performance.  If the ELL is also disabled, then the IEP must address language needs and the impact of language abilities upon learning.

 

States are required to locate districts that disproportionately identify (for special education services), suspend, and/or expel culturally different (minority group) or ELL students.  If some groups are disproportionately represented in the special education population, the state must review it's policies and practices, and change them if necessary.

 

 

BEHAVIOR AND DISCIPLINE

If a disabled youngster exhibits inappropriate behavior, the IEP Team must devise strategies to address that problem.  They must:

     ‑write goals and objectives related to behavior

     ‑develop a measurable evaluation criteria to assess progress in the area of behavior

     ‑develop a BIP (see above)

 

The team investigates the root of the behavioral difficulties by conducting a Functional Behavior Assessment (FBA).  An FBA is  an evaluation conducted to determine the cause or reason for inappropriate behavior.

 

With regard to discipline, disabled and non‑disabled students can be punished in the same manner (with some notable exceptions).  When it comes to students with disabilities, school administrators may unilaterally:

 -suspend (out‑of‑school) up to 10 days (cumulative total per year) without

        providing the educational services identified in IEP

-suspend the student more than 10 days (out of school).  However,  IEP services must be

provided and BIP revised

-suspend (in‑school) more than 10 days if the option is not overused or used repeatedly

‑reassign the offending student to an Interim Alternative Educational Setting (IAES) for

 up to 45 days for:

‑sale, use or possession of illegal drugs or controlled substances

‑possession of a weapon

If the student is a danger to others or self, but has not brought a weapon or drugs to school, a district hearing officer can order the placement of the student in an IAES for up to 45 days if:

          ‑there is evidence that injury to oneself or others is likely

          ‑reasonable efforts were made by the school to minimize the risk of harm

          ‑the IEP goals, objectives, and services were appropriate

          ‑the IEP had behavioral goals and BIP

          ‑the IEP was implemented as written

 

The IAES must meet certain criteria.  For example:

     ‑the place and program are determined by the IEP team that must also devise (or review) the BIP

     ‑it must not be located in the student=s present school

     ‑it must provide:

          ‑a general education curriculum

          ‑all required services and modifications listed in the student's IEP

          ‑additional services that are needed to address the behavior that resulted in removal from the

 present school

 

In the event of a major offense committed by the student with a disability, the administrator may discipline that student for more than the 10 day suspension regulation.  However, an evaluation procedure known as a Manifestation Determination, conducted by the IEP team, must first indicate that the student=s disability had no influence on the commitment of the offense. 

 

 

OTHER ASPECTS OF IDEA:

 

Annual Review - At least once per year, the IEP team must review the student=s IEP to determine if it is still appropriate.

 

Reevaluation - A Areevaluation@ is an assessment that is conducted to determine if a student still qualifies for special education or whether changes in programming are needed.  It must be conducted at least once every three years, when requested by parents or professionals, or at natural transition points (e.g., transfer to a new school).  As with the initial and yearly evaluations, parental permission is required.

 

Due Process - If school officials or the parent(s)/guardian(s) disagree with the consensus decisions of the IEP team, they may undertake a structured grievance procedure known as due process in order to seek changes.

 

Independent Educational Evaluation (IEE) - If parent(s)/guardian(s) question the IEP team=s evaluation results, they may obtain another evaluation and have those findings considered in decision making.  The IEE may be purchased privately or parents can request that the district pay for it.

 

 

 

FURTHER STUDY

 

Center for Effective Collaboration and Practice. http://www.air-dc.org/cecp/cecp.html

 

Dr. Mac=s Amazing Behavior Management Advice Site. http://www.behavioradvisor.com

 

Hallahan, D.P. & Kauffman, J.M. (1997). Exceptional Learners: Introduction to Special Education (7^th ed.). Boston: Allyn & Bacon.