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