Transcript The Individuals with Disabilities Education Act EDS 513: Legal Issues

EDS 513: Legal Issues
in Special Education
The Individuals
with Disabilities
Education Act
Kristina Krampe, 2005
Introduction to the
Presentation
Prior to beginning this presentation,
you should have read Chapter 5 of
Yell’s (2006) The Law and Special
Education, 2nd Edition
Upon completion of this session, you
should be able to discuss the history
and principles of the IDEA
Development of
the IDEA
Advocacy groups secured the principle of equal
educational opportunity for students with
disabilities
Rulings and legislation
 PARC v. Pennsylvania
 Mills v. Board of Education
 Williams bill (EAHCA)
 NMARC v. New Mexico
Purpose of the IDEA
Enacted to assist states in meeting the
educational needs of students with
disabilities
Allows parental input in decision making and
maximizes provision of an appropriate
education for students with disabilities
Protection Under
the IDEA
Students between the ages 3 - 21 with
disabilities that adversely affect their education
13 specific categories of eligibility
Absolute coverage for ages 6 - 17
Early intervention for birth - 2
Major Principles of
the IDEA
Part A = Justification for the IDEA; terminology
Part B = Educational requirements for students
ages 3 - 21
Part C = Early intervention for children birth - 2
Part D = Research, personnel preparation,
professional development
Part B: Zero Reject
All students with disabilities eligible under the
IDEA must receive a free appropriate public
education (FAPE)
 No exceptions based on disability type or severity
All states must establish a child find system
 Identify, locate, and evaluate all students suspected of
having a disability
 Applies to all children from birth to age 21
Part B: Identification
and Evaluation
Requires identification and placement decisions
to be based on multiple sources of information
Allows parents, school personnel, or state
personnel to initiate an evaluation
Introduces a 60 day timeframe for eligibility
decision, unless parent does not produce the
child for evaluation
Part B: Free Appropriate
Public Education
Procedural protections to ensure that parents
have meaningful participation in decision making
Provision of special education and related
services
 At no cost
 Meet or exceed IDEA standards
 In conformity with IEP
Part B: Least Restrictive
Environment
Students with disabilities must be educated in
general education settings to maximum extent
possible
Segregation is allowed only if supplementary aid
and services in general education settings are
not sufficient & opportunities to interact with
peers without disabilities are provided
Continuum of services must be available
Part B: Procedural
Safeguards
Notice must be given to parents a reasonable
amount of time prior to:
 Changes in educational placement, evaluation, or
identification
 Conducting an evaluation for identification
 Initial placement in special education
Independent evaluations may be obtained at
public expense
Part B: Procedural
Safeguards
Surrogate parents must be appointed when a
child’s parent(s) cannot be located or the child
is a ward of the state
Parents or school district can request due
process hearing to resolve disputes
Mediation to resolve disputes must be a
voluntary option
Part B: Procedural
Safeguards
Student remains in current educational
placement during hearing (stay-put provision)
All parties may have representation by counsel,
present evidence, and obtain record of the
hearing
Decisions are binding, but can be appealed
Part B: TechnologyRelated Assistance
Technology-Related Assistance for
Individuals with Disabilities Act passed in
1988
Includes both assistive technology devices
and services
Provision of assistive technology mandated
 If necessary for provision of FAPE
 Must be considered for all students with
disabilities
Part B: TechnologyRelated Assistance
Assistive Technology Act of 2004
 Requires AT to improve transition
 Better knowledge and support for AT loans
 Raises public awareness of the importance of
AT
Part B: Personnel
Development
States must submit plan of personnel needed to
implement goals of the IDEA
States must ensure special educators and
related service providers are highly qualified
Professional development to ensure
scientifically-based academic instruction and
behavioral interventions
Part B: Parental
Participation
Parents must be involved in evaluation, IEP
meetings, and placement decisions
Progress reports must be sent as frequent as
report cards and other notes of progress in the
general education curriculum
Part C:
Early Intervention
States must develop and implement
statewide interagency programs of early
intervention services
Early interventions services designed to
meet the needs of children with
developmental delays from birth - 2
Services provided in natural environments
to the maximum extent possible
The IDEA Amendments
of 1997
IEP must include statement of measurable
annual goals to determine student’s progress
IEP team includes general education teacher
and special education teacher
Students with disabilities must be included in
state- and district-wide assessments with
modifications and accommodations
The IDEA Amendments
of 1997
Requires inclusion of behavior intervention
plan based on functional assessment in IEP
May use same discipline as used for student
without disability
 Suspension should not exceed 10 days
45 days in alternative educational setting for
weapons, drugs, or injurious behavior
Manifest determination for change of
placement of 10+ days
The IDEA Amendments
of 1997
Use of mediation to resolve disputes
Limited when attorneys’ fees can be awarded
Required services for persons in adult
prisons if they were identified prior to
incarceration
Students in charter schools must be served
the same as students in other schools
The IDEA 2004
Aligns the IDEA with NCLB
Allows non-essential IEP team members to
not attend meetings
Requires measurable annual goals; progress
reports at least every 9 wks
Allows IEP modifications via written
documents
The IDEA 2004
15 states can participate in a 3-year IEPs
pilot program
Transfer students must be provided a FAPE
Greater flexibility in disciplining students with
disabilities; serious bodily injury can result in
45 day placement in an alternative
educational setting
The IDEA 2004
Stay-put provision switched from current
placement to the alternative educational
setting
Limits request for due process hearings to 2
years; 90-day limit for filing appeals
Resolution session must occur within 15
days after a request for a due process
hearing
The IDEA 2004
Allows attorney’s fees to be awarded to school
districts
Switches eligibility for learning disabilities to a
response to intervention model
Provides greater flexibility in use of funds
Defines a highly qualified special education
teacher
Funding
States must submit plan demonstrating
provision of FAPE to all qualified students
between ages 3 and 21 to receive federal
funds
Federal funds are not intended to cover entire
cost of special education for states
 Covers close to 19% of states’ cost
 Based on number of students with disabilities
served (not to exceed 12%)
Funding
Formula remains based on child count
until $4.9 billion appropriated
 Above that level, formula based on state’s
population (85%) and poverty level (15%)
 No more than 1.5% of money received
previous year
 Cannot be less than money received in 1997
75% of federal funds must be directed to
local school districts for provision of
FAPE
Monitoring and
Enforcement
Office of Special Education Programs
(OSEP)
 Drafts regulations for implementing the IDEA
 Conducts activities under Part D
 Monitors and enforces the law
 Provides technical assistance to states
U. S. Department of Education ensures
states comply with IDEA provisions; states
ensure local school districts comply with
IDEA provision