The Individuals with Disabilities Education Act

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Six Principles of IDEA

Zero Reject Free Appropriate Public Education Protection in Evaluation Least Restrictive Environment Procedural Safeguards Parental Participation
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Six Principles of IDEA

Principle of IDEA
Zero Reject
Protection in Evaluation

Requirement
Locate, identify, & provide services to all eligible students with disabilities
Conduct an assessment to determine if a student has an IDEA related disability and if he/she needs special education services

Free Appropriate Public Education

Least Restrictive Environment Procedural Safeguards Parental Participation
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Develop and deliver an individualized education program of special education services that confers meaningful educational benefit.
Educate students with disabilities with nondisabled students to the maximum extent appropriate. Comply with the procedural requirements of the IDEA. Collaborate with parents in the development and delivery of their childs special education program. 3

Principle 1: Zero Reject

Locate, identify, & serve all students with disabilities aged 3 21 Child find obligations Two criteria for eligibility
1. A student must be determined to have a disability that is covered by the IDEA 2. Because of the disability, the student needs special education and related services
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Categories of Disability
Autism (added in 1990) Deaf-Blind Deafness Hearing Impairment Mental Retardation Multiple Disabilities Orthopedic Impairments Other Health Impaired Emotional Disturbance Specific Learning Disability Speech and Language Impaired Traumatic Brain Injury (added in 1990) Visual Impairment including Blindness
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Principle 2: Protection in Evaluation

LEAs shall conduct a full and individual evaluation before the initial provision of special education and related services to a child with a disability
20 U.S.C. 1414(a)(1)

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Evaluation Materials
Test and evaluation materials Must not be discriminatory Must be given in the childs native language or mode of communication Technically sound instruments must be used to assess Cognitive and behavioral factors Physical and developmental factors
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Evaluation Procedures
A student must be assessed in all areas related to the suspected disability The school is required to use a variety of assessment tools and strategies to collect functional and developmental information that may assist in determining: Whether a student has a disability The educational needs of a student
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Interpreting Evaluation Data

Draw on information from a variety of sources Decisions must be documented and carefully considered Decisions must be made by a team (usually IEP team) Placement decisions must be accordance with LRE requirements
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Independent Educational Evaluations (IEE)

Provide parents with information on where to obtain an IEE Right to one IEE at public expense If LEA evaluation is appropriate, the parents are entitled to an IEE, but not at public expense Results of the IEE must be considered IEE results may be presented at a hearing A hearing officer may request an IEE
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Special Rules for Determining Eligibility in IDEA 2004

A child will not be determined to be a child with a disability if the basis of the childs problem is lack of scientifically based instruction in reading, lack of appropriate teaching in math, or LEP
Scientifically based reading instruction addresses the essential components of reading as listed by the National Reading Panel 11

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Special Rule for Determining Eligibility for Learning Disabilities (IDEA 2004)
When determining whether a child has a learning disability, an LEA shall not be required to take into consideration a discrepancy between ability and achievement An LEA may use a process that determines if the child responds to scientific, research-based instruction
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The Referral and Assessment Process

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Referral Process
Multidisciplinary team (MDT) receives a student referral MDT decides if sped assessment is needed

MDT seeks parental permission to assess

MDT receives informed consent MDT conducts assessment
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Assessment Process
MDT team conducts evaluation Does the child have an IDEA disability Does the child need special education Appoints IEP team
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Principle 3: Free Appropriate Public Education (FAPE)

Special education and related services
Provided at public expense Meet state educational agency standards Provided in conformity with the Individualized Education Program (IEP)
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Special Education
Specially designed instruction to meet the unique needs of a student with a disability
Instruction in the classroom, home, hospital, or other settings Includes academic skills, physical and motor skills, language skills, vocational skills, and functional skills
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Free Education
Educational services must be provided at no charge to parents Applies only to special education and related services Doesnt include incidental fees such as field trip expenses
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Appropriate Education
What is appropriate must be decided on a case by case basis Must meet state standards Provided in conformity with IEP

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Public Education
Meets state standards Includes children placed in private facilities by the school district If children are placed in private facilities the school must make a FAPE available If FAPE is available and appropriate, schools do not have to pay
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Related Services
Services that may be required to assist a child with a disability to benefit from special education

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Nonexhaustive List of Specific Related Services

Assistive Technology Counseling and Psychological Services Residential Placement Social Work Services Parent Counseling and Training Speech Therapy
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Nonexhaustive List of specific Related Services

Transportation Physical and Occupational Therapy Interpreters School Health Services (including complex health services if needed) X Surgically implanted medical devices (e.g., Cochlear Implants) X Medical Services
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Assistive Technology (AT)

If AT is required, a person qualified to conduct AT assessments should be on the IEP team Requirement may include home use of the AT device Examples of AT devices
Computer access Environmental control Augmentative communication Mobility equipment
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The Individualized Education Program

A statement of a students special education and related services The IEP must be in effect by the beginning of the school year LEAs are responsible for developing, implementing, and revising
The IEP is developed in an IEP meeting in which :

The assessment results are discussed A students educational program is developed A students placement is determined
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Participants in the IEP Process

Parents A representative of agency General education teacher Special education teacher Person knowledgeable about evaluation Others at request of IEP participants
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The IEP Process

Review the Assessment
-Develop the PLAAFP statement-

Develop the Educational Program

-Develop Measurable Annual Goals-Develop Special Education Services-Determine Progress Monitoring System-Determine Student Placement-

Monitor Student Progress

-Communicate the students progress to his/her parents-Make changes if needed27
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Content of the IEP

1. Present levels of academic achievement & functional performance 2. Measurable annual goals, including academic & functional goals 3. A description of how the students progress toward meeting the goals will be measured and when reports will be issued to parents (concurrent with report cards). 4. A statement of special education and related services based on peer-reviewed research to be provided to the student. This includes: Supplementary aids & services Program modifications Supports for school personnel 28
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Content of the IEP (continued)

5. An explanation of the extent, if any, to which the student will not participate with nondisabled students in the general education classroom 6. A statement of any individual accommodations that are needed to measure the students achievement on statewide assessments or if the student is taking an alternate assessment the IEP must explain why this option was chosen 7. The projected date for the beginning, frequency, location, and duration of services
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For some students, the IEP should include

Beginning not later than the first IEP in effect when the students is 16 and updated annually
Appropriate measurable postsecondary goals Transition services Students rights when he/she reaches the age of majority

If the students behavior impedes his/her learning or the learning of others, positive behavioral interventions & supports Assistive technology services
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Principle 4: Least Restrictive Environment (LRE)

To the maximum extent appropriate children with disabilities are to be educated with children who are not disabled Removal may only occur when education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily
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Continuum of Alternate Placements

Regular Classroom
Self-Contained Classroom

Special Schools Hospital/Institution

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LRE Themes
Appropriateness
LRE is not intended to replace appropriateness

Individualization
One size does not fit all

Options
Entire continuum of placements must be available

Integration/Inclusion Bias
We must start with the notion of integration
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Inappropriate Considerations
Placement according to category or severity Placement where services are traditionally provided Citing disruption w/o evidence of behavior management attempts Cost, unless excessive
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Determining LRE
Determine FAPE
Goals and Objectives What is appropriate?

Determine Placement
Can FAPE be achieved in general ed. with supplementary aids and services? If no, move through the continuum to determine LRE

Provide Integrated Experiences

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Principle 5: Procedural Safeguards

Notice and consent requirements Surrogate parents Opportunity to examine records Independent educational evaluation Discipline Mediation Resolution session Impartial due process hearing
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Procedural Safeguards Notice

A procedural safeguard notice may be given only once a year except at:
Initial referral Parental request for evaluation Initial filing of a due process hearing At the request of the parent

School districts may post procedural safeguard notice on their Web sites The procedural safeguards notice must include: (a)
timeframes for filing due process hearing requests (b) the opportunity for resolution process (c) information on mediation, and (d) timeframes for lawsuits
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Mediation
States must offer mediation as a voluntary option to parents and educators for resolving disputes The mediator must be:
Trained or qualified to conduct mediation sessions Knowledgeable about special education law Impartial

If mediation is unsuccessful, either party may request a due process hearing

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Written Settlement Agreement

If resolution is reached to resolve the complaint at a resolution session, the parties execute a legally binding agreement (written settlement agreement) that is: Signed by both the parents and a representative of the agency Enforceable in any state court of competent jurisdiction If parties execute a written settlement agreement, a party may void the agreement within three business days of the agreement
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Due Process Hearing

Parent or school may initiate a hearing Hearings may involve issues regarding identification, evaluation, or placement The hearing must be conducted by the LEA The hearing officer must be impartial Following exhaustion of administrative remedies either party may appeal the decision to state or federal court
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Attorneys Fees
Public agencies may recover their attorneys fees from parents attorneys if their case was:
Frivolous Unreasonable Without foundation

Public agencies may recover attorneys fees against the parents attorney or the parents if the case was presented for any improper purpose such as to:
Harass Cause unnecessary delay needlessly increase the cost of litigation Yell / The To Law and Special Education, Second Edition
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Principle 6: Parental Participation

Parental Notification and Consent
Purpose: To provide parents with sufficient information, in a timely manner, so that they may fully participate in educational decisions Written notice and consent

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Parental Notification Requirements

Parents must be notified a reasonable amount of time before the school:
Initiates or changes identification, evaluation, or educational placement or the provision of a free appropriate public education Refuses same

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Parental Consent Requirements

Consent must be obtained before:
Beginning or changing students identification as IDEA-eligible Conducting a preplacement evaluation Initial placement or change of placement Conducting a reevaluation

Consent is voluntary and may be revoked at any time

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Parent Participation in Meetings

Schools districts must provide notice, thereby ensuring that parents have the opportunity to participate in meetings that address:
Evaluation Educational program and placement (The IEP Team)

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The Special Education Process

Programming
1. Develop the IEP* 2. Deliver services

Evaluation
1. Monitor progress* 2. Reevaluation

Assessment
1. Determine Eligibility* 2. Determine Programming
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