The Individuals with Disabilities Education Act

1. EDS 513: Legal Issues in Special Education The Individuals with Disabilities Education Act Kristina Krampe, 2005

2. 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

3. 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) • NMARCv. New Mexico

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. Part B: Technology-Related 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

15. Part B: Technology-Related 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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

26. 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%)

27. 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

28. 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