Transcript Six Principles of IDEA - University of South Carolina

The Individuals with
Disabilities Education
Act
Yell / The Law and Special Education, Second Edition
Copyright © 2006 by Pearson Education, Inc. All rights reserved
1
Six Principles of IDEA
• Zero Reject
• Free Appropriate Public
Education
• Protection in Evaluation
• Least Restrictive Environment
• Procedural Safeguards
• Parental Participation
Yell / The Law and Special Education, Second Edition
Copyright © 2006 by Pearson Education, Inc. All rights reserved
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Six Principles of IDEA
Principle of IDEA
Requirement
Zero Reject
Locate, identify, & provide services to all eligible
students with disabilities
Protection in Evaluation
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
Develop and deliver an individualized education
program of special education services that
confers meaningful educational benefit.
Least Restrictive Environment
Educate students with disabilities with nondisabled
students to the maximum extent appropriate.
Procedural Safeguards
Comply with the procedural requirements of the
IDEA.
Parental Participation
Collaborate with parents in the development and
delivery of their child’s special education
program.
3
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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 child’s 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
child’s 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
14
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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
–Doesn’t 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 student’s 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 student’s educational program is
developed
– A student’s 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 student’s 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 student’s 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 student’s 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
– Student’s rights when he/she reaches the age of
majority
• If the student’s 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
35
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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
– To needlessly increase the cost of litigation
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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 student’s 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
Evaluation
1. Develop the IEP*
2. Deliver services
1. Monitor progress*
2. Reevaluation
Assessment
1. Determine Eligibility*
2. Determine Programming
46
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Copyright © 2006 by Pearson Education, Inc. All rights reserved