Running Head: IDEIA ESSAY 1

Individuals with Disabilities Education Improvement Act Essay

Bailey Ann Moody

Dakota State University

IDEIA ESSAY 2

Abstract
The Individuals with Disabilities Education Improvement Act is a federal law that influences and

structures the American education system, the educators roles within the school systems, and

the lives of individuals with disabilities. In 1975, Congress passed Public Law 94-142 five

times. The law was originally put into action based on a major court case in 1954; Brown v.

Board of Education of Topeka. This case was based upon race, but provided the impetus to treat

all students fairly and equitably. Before this law was implemented in public school systems,

students with disabilities were shamed and not accepted into schools. Based upon six major

principles that lay a foundation of roles for the school systems, the educators, and the parents and

children whom have disabilities, the Individuals with Disabilities Education Improvement Act

has changed the American school systems and the way all students are educated for the better.

Keywords: Individuals with Disabilities Education Improvement Act, zero reject,

nondiscriminatory identification and evaluation, free appropriate public education, least

restrictive environment, due process safeguards, and shared decision making

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The Individuals with Disabilities Education Improvement Act (IDEIA) is a federal law

that provides funding for students in need of special education services. IDEIA was adopted in

1975 and amended in 2004. Before the 1970s, laws in many states permitted public schools to

deny enrollment to children with disabilities (Murdick, Gartin and Crabtree, 2006. Pg. 14). In

1975, Congress passed Public Law 94-142 five times. The most recent reauthorization is entitled

The Individuals with Disabilities Education Improvement Act of 2004. The law reflects a

societal push to treat people with disabilities as full citizens with the same rights and privileges

all other citizens enjoy. (Heward, 2013. Pg. 16)

Special education was influenced by social developments and court decisions in the

1950s and 1960s. The major court case that affected IDEIA was Brown v. Board of Education of

Topeka (1954). The U.S. Supreme Court declared that education must be made available equally

to all children. This court case was based on the segregation of students according to racial

inequality. However, the Brown decision began a period of questioning among parents of

children with disabilities. The rulings from many landmark cases were incorporated into

subsequent federal legislation, most notably IDEIA. The majority of the rules and regulations

defining how IDEIA operates fall within six major principles, most of which have remained

largely unchanged since 1975 (Turnbull, Huerta, and Stowe, 2009; Yell, 2012. Pg. 16). These

six principles are zero reject, nondiscriminatory identification and evaluation, free appropriate

public education (FAPE), least restrictive environment (LRE), procedural/due process

safeguards, and parent participation and shared decision making. These components of IDEIA

have evolved to positively impact the education system, the educators roles, and the lives of

individuals with disabilities. (Heward, 2013. Pg. 15-20)

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The first principle of IDEIA is zero reject, which ensures that schools educate all

children with disabilities, regardless of the nature or severity of their disability. No child with

disabilities can be excluded from public education between the ages of 6 and 17. This provided

unprecedented educational opportunities for individuals with disabilities. In previous years,

children with disabilities were discriminated against and shunned, making their inclusion in

schools limited. This principle provides all children with disabilities the right to an education.

(Heward, 2013. Pg. 16)

The second principle, nondiscriminatory evaluation, states that schools must use

nonbiased, multifactored methods of evaluation to determine whether a child has a disability and,

if diagnosed, whether the child needs specially designed instruction to augment their education

for maximal benefit. The testing and evaluation procedures cannot discriminate against race,

culture, or native language. This principle allows all children the option for equal testing and

educational supplementation. This principle is made to protect children during evaluation

procedures. (Heward, 2013. Pg. 17)

The third principle of IDEIA is free, appropriate public education. FAPE conditions that

all children with disabilities shall receive a free, appropriate public education, regardless of the

type or severity of their disability. This education must be provided at public expense, without

cost to the parents. An individualized education program (IEP) must be developed and

implemented to meet the needs of every student with a disability. IDEIA requires that schools

provide related services and assistive technology for any child with disabilities to participate in

from special education. This principle of IDEIA protects the childrens rights to public

education. (Heward, 2013. Pg. 17)

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LRE, the fourth principle, requires that all schools educate students with disabilities in a

classroom with children without disabilities to the maximum extent appropriate. Students with

disabilities may be removed to separate classes or schools only when the nature or severity of the

disability is such that they cannot receive an appropriate education in a general education

classroom, despite additional aids and services. To ensure the child is educated in the LRE

appropriate for his/her needs, schools must provide a continuum of placement and service

alternatives to prepare them for interacting with society. This allows children with disabilities

the opportunity to feel included and to interact with other children. (Heward, 2013. Pg. 17-19)

Procedural safeguards, the fifth principle of IDEIA, stipulates that schools follow an

extensive set of procedures to safeguard and protect the rights and interests of children with

disabilities and their parents. Parental consent must be obtained for evaluation and placement

decisions regarding special education. When the school and parents disagree on the

identification, evaluation, placement, or provision of a free, appropriate public education, the

parents can request for a due process hearing. A due process hearing may be requested in order

for the parents to feel as their voice has been heard and so a satisfactory decision will be reached.

This protects the parents and the childs rights to education and their beliefs. (Heward, 2013. Pg.

19-20)

The sixth and final principle of IDEIA is parent participation and shared decision making.

This principle ensures that schools collaborate with parents in the planning and implementation

of special education and related services. The parents input must be considered in all decisions.

If the student with disabilities is 16 years or older, the student must be invited to the IEP

meeting. This protects the child and their parents decisions. The parents and child have the
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right to decline any provision or decision, and, if this is their wish, it will be enacted by the

education system. (Heward, 2013. Pg. 20)

The six major principles of IDEIA have completely transformed the American school

system. Before the first version of IDEIA was implemented, school systems often denied

services to children with disabilities. In fact, Carnocks (n. d.) stated the following: Before

1975, a majority of the then almost 4 million children with disabilities were denied meaningful

participation in the public education. By 1975, more than 30 states had passed legislation

guaranteeing children with disabilities the right to a free, appropriate public education in the least

restrictive environment. In order to help assist states and local communities with this new

financial burden, Congress passed the Education for All Handicapped Children Act, or now

known as IDEIA, in 1975. IDEIA provides funds to support the state and local efforts to educate

all children with disabilities in order to help reduce the budget strains that was caused by the

additional special education responsibilities. (History) The American education system now

requires schools to have a zero reject policy and to provide free, appropriate education to all

children, including children with disabilities.

The educators roles within the system have also evolved following the implementation

of IDEIA. In the six major principles previously discussed, the educator has a primary role in

the education of children with disabilities and these roles have continued to increase with the

implementation of IDEIA. IDEIA requires that educators provide a free, appropriate education

to all children with disabilities. This states that educators not only provide an education to all

children, they must also have IEPs for each student with a disability. Before the educators can

decide if an IEP is necessary, they must use nondiscriminatory identification and evaluation.

These tests and evaluation procedures must not discriminate on the basis of race, culture, or
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native language. Lastly, once the educators determine that a student has a disability, the

educators must place this child in the least restrictive environment. The educators must decide if

the student with disabilities can participate and learn in a classroom with students without

disabilities, or if the student with disabilities should be removed to a separate class or school.

IDEIA requires more work for educators, but has advanced the special education field for the

better of the children. (Heward, 2013)

IDEIA has completely changed the lives of individuals with disabilities, as well as their

parents. Children with disabilities are now included in education systems, may be placed in the

classroom with other students, and have a voice in their education. IDEIA used the structure of

No Child Left Behind to include all children with disabilities in the school system. It is the

students right to be placed in the least restrictive environment, which often allows them to be

included in the classroom with other children. Individuals with disabilities and their parents

have an input in the identification, evaluation, placement, and provision of a free, appropriate

public education to protect the rights of children with disabilities. Schools must collaborate with

parents and students with disabilities to design individually tailored and appropriate special

education services. The parents input must be followed. IDEIA principles have not only

provided education to children with disabilities, but have mandated the protection of the rights of

children and their parents. (Heward, 2013)

A law that was implemented 41 years ago has refined and bettered the American school

systems. I am immensely grateful that, as a future educator in the American school system,

IDEIA has changed special education services to be accepting of all children. I am a strong

believer that all children deserve the right to a successful future, and I believe that is what IDEIA
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has created for our children with disabilities. Now all children are granted equal opportunities to

work toward the life of their dreams.

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Works Cited:

Carnock, J. T. IDEA: Individuals with disabilities education act. Retrieved November 13,
2016, from http://www.edcentral.org/edcyclopedia/individuals-with-disabilities-education-
act-overview/
o In-line Citation: (Carnock, n.d.)

Heward, W. L. (2013). Exceptional children: An introduction to special education (10th

ed.). United States: Pearson Education/Merrill/Prentice Hall.
o In-line Citation: (Heward, 2013)

Heward, W. L. (2013, July 19). Six major principles of IDEA. Retrieved November 13,
2016, from http://www.education.com/reference/article/six-major-principles-idea/
o In-line Citation: (Heward, 2013)