The Individuals with Disabilities Education Act Yell The

The Individuals with Disabilities Education Act Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 1

Six Principles of IDEA • Zero Reject • Free Appropriate Public Education • Protection in Evaluation • Least Restrictive Environment • Procedural Safeguards • Parental Participation Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 2

Six Principles of IDEA Principle of IDEA Requirement Zero Reject Locate, identify, & provide services to all eligible students with disabilities Protection in Evaluation Conduct an assessment to determine if a student has an IDEA related disability and if he/she needs special education services Free Appropriate Public Education Develop and deliver an individualized education program of special education services that confers meaningful educational benefit. Least Restrictive Environment Educate students with disabilities with nondisabled students to the maximum extent appropriate. Procedural Safeguards Comply with the procedural requirements of the IDEA. Parental Participation Collaborate with parents in the development and delivery of their child’s special education program. 3

Principle 1: Zero Reject • Locate, identify, & serve all students with disabilities aged 3 – 21 • Child find obligations • Two criteria for eligibility 1. A student must be determined to have a disability that is covered by the IDEA 2. Because of the disability, the student needs special education and related 4 services Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

Categories of Disability • Autism (added in 1990) • Deaf-Blind • Deafness • Hearing Impairment • Mental Retardation • Multiple Disabilities • Orthopedic Impairments • Other Health Impaired • Emotional Disturbance • Specific Learning Disability • Speech and Language Impaired • Traumatic Brain Injury (added in 1990) • Visual Impairment including Blindness Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 5

Principle 2: Protection in Evaluation LEAs shall conduct a full and individual evaluation before the initial provision of special education and related services to a child with a disability 20 U. S. C. 1414(a)(1) Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 6

Evaluation Materials • Test and evaluation materials ØMust not be discriminatory ØMust be given in the child’s native language or mode of communication • Technically sound instruments must be used to assess ØCognitive and behavioral factors ØPhysical and developmental factors Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 7

Evaluation Procedures • A student must be assessed in all areas related to the suspected disability • The school is required to use a variety of assessment tools and strategies to collect functional and developmental information that may assist in determining: • Whether a student has a disability • The educational needs of a student Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 8

Interpreting Evaluation Data • Draw on information from a variety of sources • Decisions must be documented and carefully considered • Decisions must be made by a team (usually IEP team) • Placement decisions must be accordance with LRE requirements Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 9

Independent Educational Evaluations (IEE) • Provide parents with information on where to obtain an IEE • Right to one IEE at public expense • If LEA evaluation is appropriate, the parents are entitled to an IEE, but not at public expense • Results of the IEE must be considered • IEE results may be presented at a hearing • A hearing officer may request an IEE Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 10

Special Rules for Determining Eligibility in IDEA 2004 • A child will not be determined to be a child with a disability if the basis of the child’s problem is lack of scientifically based instruction in reading, lack of appropriate teaching in math, or LEP – Scientifically based reading instruction addresses the essential components of reading as listed by the National Reading Panel 11 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

Special Rule for Determining Eligibility for Learning Disabilities (IDEA 2004) • When determining whether a child has a learning disability, an LEA shall not be required to take into consideration a discrepancy between ability and achievement – An LEA may use a process that determines if the child responds to scientific, research-based instruction Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 12

The Referral and Assessment Process Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 13

Referral Process Multidisciplinary team (MDT) receives a student referral MDT decides if sped assessment is needed MDT seeks parental permission to assess MDT receives informed consent MDT conducts assessment Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 14

Assessment Process MDT team conducts evaluation Does the child have an IDEA disability Does the child need special education Appoints IEP team Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 15

Principle 3: Free Appropriate Public Education (FAPE) • Special education and related services Ø Provided at public expense Ø Meet state educational agency standards Ø Provided in conformity with the Individualized Education Program (IEP) Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 16

Special Education • Specially designed instruction to meet the unique needs of a student with a disability – Instruction in the classroom, home, hospital, or other settings – Includes academic skills, physical and motor skills, language skills, vocational skills, and functional skills Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 17

Free Education • Educational services must be provided at no charge to parents • Applies only to special education and related services – Doesn’t include incidental fees such as field trip expenses Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 18

Appropriate Education • What is appropriate must be decided on a case by case basis • Must meet state standards • Provided in conformity with IEP Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 19

Public Education • Meets state standards • Includes children placed in private facilities by the school district • If children are placed in private facilities the school must make a FAPE available • If FAPE is available and appropriate, schools do not have to pay Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 20

Related Services that may be required to assist a child with a disability to benefit from special education Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 21

Nonexhaustive List of Specific Related Services • Assistive Technology • Counseling and Psychological Services • Residential Placement • Social Work Services • Parent Counseling and Training • Speech Therapy Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 22

Nonexhaustive List of specific Related Services ü Transportation ü Physical and Occupational Therapy ü Interpreters ü School Health Services (including complex health services if needed) X Surgically implanted medical devices (e. g. , Cochlear Implants) X Medical Services Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 23

Assistive Technology (AT) • If AT is required, a person qualified to conduct AT assessments should be on the IEP team • Requirement may include home use of the AT device • Examples of AT devices ü Computer access ü Environmental control ü Augmentative communication ü Mobility equipment Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 24

The Individualized Education Program • A statement of a student’s special education and related services • The IEP must be in effect by the beginning of the school year • LEAs are responsible for developing, implementing, and revising • The IEP is developed in an IEP meeting in which : – The assessment results are discussed – A student’s educational program is developed – A student’s placement is determined Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 25

Participants in the IEP Process • Parents • A representative of agency • General education teacher • Special education teacher • Person knowledgeable about evaluation • Others at request of IEP participants Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 26

The IEP Process Review the Assessment -Develop the PLAAFP statement- Develop the Educational Program -Develop Measurable Annual Goals-Develop Special Education Services-Determine Progress Monitoring System-Determine Student Placement- Monitor Student Progress -Communicate the student’s progress to his/her parents-Make changes if needed 27 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

Content of the IEP 1. Present levels of academic achievement & functional performance 2. Measurable annual goals, including academic & functional goals 3. A description of how the student’s progress toward meeting the goals will be measured and when reports will be issued to parents (concurrent with report cards). 4. A statement of special education and related services based on peer-reviewed research to be provided to the student. This includes: • Supplementary aids & services • Program modifications • Supports for school personnel 28 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved

Content of the IEP (continued) 5. An explanation of the extent, if any, to which the student will not participate with nondisabled students in the general education classroom 6. A statement of any individual accommodations that are needed to measure the student’s achievement on statewide assessments or if the student is taking an alternate assessment the IEP must explain why this option was chosen 7. The projected date for the beginning, frequency, location, and duration of services Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 29

For some students, the IEP should include… • Beginning not later than the first IEP in effect when the students is 16 and updated annually – Appropriate measurable postsecondary goals – Transition services – Student’s rights when he/she reaches the age of majority • If the student’s behavior impedes his/her learning or the learning of others, positive behavioral interventions & supports • Assistive technology services Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 30

Principle 4: Least Restrictive Environment (LRE) • To the maximum extent appropriate children with disabilities are to be educated with children who are not disabled • Removal may only occur when education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 31

Continuum of Alternate Placements Regular Classroom Self-Contained Classroom Special Schools Hospital/Institution Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 32

LRE Themes • Appropriateness ü LRE is not intended to replace appropriateness • Individualization ü One size does not fit all • Options ü Entire continuum of placements must be available • Integration/Inclusion Bias ü We must start with the notion of integration Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 33

Inappropriate Considerations • Placement according to category or severity • Placement where services are traditionally provided • Citing disruption w/o evidence of behavior management attempts • Cost, unless excessive Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 34

Determining LRE Determine FAPE Goals and Objectives What is appropriate? Determine Placement Can FAPE be achieved in general ed. with supplementary aids and services? If no, move through the continuum to determine LRE Provide Integrated Experiences Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 35

Principle 5: Procedural Safeguards • Notice and consent requirements • Surrogate parents • Opportunity to examine records • Independent educational evaluation • Discipline • Mediation • Resolution session • Impartial due process hearing Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 36

Procedural Safeguards Notice • A procedural safeguard notice may be given only once a year except at: – – Initial referral Parental request for evaluation Initial filing of a due process hearing At the request of the parent • School districts may post procedural safeguard notice on their Web sites • The procedural safeguards notice must include: (a) timeframes for filing due process hearing requests (b) the opportunity for resolution process (c) information on mediation, and (d) timeframes for lawsuits Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 37

Mediation • States must offer mediation as a voluntary option to parents and educators for resolving disputes • The mediator must be: Ø Trained or qualified to conduct mediation sessions Ø Knowledgeable about special education law Ø Impartial • If mediation is unsuccessful, either party may request a due process hearing Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 38

Written Settlement Agreement • If resolution is reached to resolve the complaint at a resolution session, the parties execute a legally binding agreement (written settlement agreement) that is: – Signed by both the parents and a representative of the agency – Enforceable in any state court of competent jurisdiction • If parties execute a written settlement agreement, a party may void the agreement within three business days of the agreement Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 39

Due Process Hearing • Parent or school may initiate a hearing • Hearings may involve issues regarding identification, evaluation, or placement • The hearing must be conducted by the LEA • The hearing officer must be impartial • Following exhaustion of administrative remedies either party may appeal the decision to state or federal court Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 40

Attorneys Fees • Public agencies may recover their attorneys’ fees from parents’ attorneys if their case was: – Frivolous – Unreasonable – Without foundation • Public agencies may recover attorneys’ fees against the parents’ attorney or the parents if the case was presented for any improper purpose such as to: – Harass – Cause unnecessary delay – To needlessly increase the cost of litigation Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 41

Principle 6: Parental Participation • Parental Notification and Consent – Purpose: To provide parents with sufficient information, in a timely manner, so that they may fully participate in educational decisions – Written notice and consent Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 42

Parental Notification Requirements • Parents must be notified a reasonable amount of time before the school: – Initiates or changes identification, evaluation, or educational placement or the provision of a free appropriate public education – Refuses same Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 43

Parental Consent Requirements • Consent must be obtained before: ØBeginning or changing student’s identification as IDEA-eligible ØConducting a preplacement evaluation ØInitial placement or change of placement ØConducting a reevaluation • Consent is voluntary and may be revoked at any time Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 44

Parent Participation in Meetings • Schools districts must provide notice, thereby ensuring that parents have the opportunity to participate in meetings that address: – Evaluation – Educational program and placement (The IEP Team) Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved 45

The Special Education Process Programming Evaluation 1. Develop the IEP* 2. Deliver services 1. Monitor progress* 2. Reevaluation Assessment 1. Determine Eligibility* 2. Determine Programming 46 Yell / The Law and Special Education, Second Edition Copyright © 2006 by Pearson Education, Inc. All rights reserved