The Individuals with Disabilities Education Act

Kristina Krampe, 2005Kristina Krampe, 2005

EDS 513: Legal Issues in Special Education

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 legislationPARC v. PennsylvaniaMills v. Board of EducationWilliams 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 Protection Under the IDEAthe 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 Major Principles of the IDEAthe 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 disabilityApplies to all children from birth to age 21

Part B: Identification and Evaluation

Requires identification and placement decisions dentification and placement decisions to be based on multiple sources of informationto 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 EducationProcedural protections to ensure that parents have meaningful participation in decision making

Provision of special education and related servicesAt no costMeet or exceed IDEA standards In conformity with IEP

Part B: Least Restrictive Environment

Students with disabilities must be educated in Students with disabilities must be educated in general education settings to maximum extent general education settings to maximum extent possiblepossible

Segregation is allowed only if Segregation is allowed only if supplementary aid supplementary aid and services in general education settings are and services in general education settings are not sufficientnot sufficient & & opportunities to interact with opportunities to interact with peers without disabilities are providedpeers without disabilities are provided

Continuum of services must be availableContinuum 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

identificationConducting an evaluation for identification Initial placement in special education

Independent evaluations may be obtained at Independent evaluations may be obtained at public expensepublic 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: Technology-Part B: Technology-Related AssistanceRelated 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 FAPEMust be considered for all students with

disabilities

Part B: Technology-Part B: Technology-Related AssistanceRelated Assistance

Assistive Technology Act of 2004 Assistive Technology Act of 2004 Requires AT to improve transitionRequires AT to improve transitionBetter knowledge and support for AT loansBetter knowledge and support for AT loansRaises public awareness of the importance of Raises public awareness of the importance of

AT AT

Part B: Personnel Development

States must submit plan of personnel needed to States must submit plan of personnel needed to implement goals of the IDEAimplement goals of the IDEA

States must ensure special educators and States must ensure special educators and related service providers are highly qualifiedrelated service providers are highly qualified

Professional development to ensure Professional development to ensure scientifically-based academic instruction and scientifically-based academic instruction and behavioral interventionsbehavioral 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 Early interventions services designed to meet the needs of children with developmental the needs of children with developmental delays from birth - 2delays from birth - 2

Services provided in natural environments to Services provided in natural environments to the maximum extent possiblethe 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 Requires inclusion of behavior intervention plan based on functional assessment in IEPplan based on functional assessment in IEP

May use same discipline as used for student May use same discipline as used for student without disabilitywithout disability

Suspension should not exceed 10 daysSuspension should not exceed 10 days45 days in alternative educational setting for 45 days in alternative educational setting for

weapons, drugs, or injurious behaviorweapons, 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 Students in charter schools must be served the same as students in other schoolsas 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 statesCovers close to 19% of states’ costBased on number of students with disabilities

served (not to exceed 12%)

Funding

Formula remains based on child count until $4.9 billion appropriatedAbove that level, formula based on state’s

population (85%) and poverty level (15%)No more than 1.5% of money received

previous yearCannot be less than money received in 1997

75% of federal funds must be directed to 75% of federal funds must be directed to local school districts for provision of local school districts for provision of FAPEFAPE

Monitoring and Enforcement

Office of Special Education Programs (OSEP) Drafts regulations for implementing the IDEAConducts activities under Part DMonitors and enforces the lawProvides technical assistance to states

U. S. Department of Education ensures states comply with IDEA provisions; states ensure local school districts comply with IDEA provision