A Closer Look at IDEA Provisions and Requirements

A Closer Look at IDEA Provisions and Requirements

Free Appropriate Public Education (FAPE) • For all students with disabilities ages 3 -21 • Appropriate does not mean optimal (Board of Ed. v. Rowley) • Levels the playing field

Child Find • Schools must work to locate students who are homeless or wards of the state – Public advertising of services – Large scale screenings – Identify students at-risk as well as students with disabilities

Evaluation • Conducted by a team with parent consent • Multiple measures – Valid and reliable • Non-discriminatory • Assess all areas of suspected disability • Completed in a timely manner

The Individualized Education Program (IEP) • Developed annually for students as young as 3 • Identifies goals based on present levels of performance • Identifies participation in reg. ed. and spec. ed. • Developed by a team including the parent and student

Least Restrictive Environment (LRE) • Education provided with nondisabled students to the greatest extent possible – Students with disabilities should be included in the regular ed. setting • Unless more intensive instruction cannot be delivered in that setting

Participation in Assessments • Must participate – A small number of exceptions are allowed • May have appropriate accommodations – – Time Setting Presentation format Response format

Additional considerations • Schools must provide transition for students in birth to 3 programs to IEP • Discipline for students w/ disabilities – Nature of incident – Manifestation determination – Authority of the LEA

Procedural Guidelines • LEA informs parent of rights and responsibilities – Parents may examine all records for their child – Parents may participate in any meetings related to evaluation – Parent may request independent evaluation • Due Process concerns – Student denied FAPE – Parents not allowed to participate – Student deprived of educational benefits