The Individuals With Disabilities Education Act: Yell / The Law and Special Education, Second Edition

The Individuals with
Disabilities Education
Act
1
Yell / The Law and Special Education, Second Edition
Copyright © 2006 by Pearson Education, Inc. All rights reserved
Six Principles of IDEA
• Zero Reject
• Free Appropriate Public Education
• Protection in Evaluation
• Least Restrictive Environment
• Procedural Safeguards
• Parental Participation
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 services
4
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
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)
6
Evaluation Materials
• Test and evaluation materials
Must not be discriminatory
Must be given in the child’s native
language or mode of communication
• Technically sound instruments must be
used to assess
Cognitive and behavioral factors
Physical and developmental factors
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
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
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
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
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
12
The Referral and
Assessment Process
13
Referral Process
idisciplinary team (MDT) receives a student refe
MDT decides if sped assessment is needed
MDT seeks parental permission to assess
MDT receives informed

consent
MDT conducts assessment

14
Assessment Process
MDT team conducts evaluation
Does the child have an IDEA disability
Does the child need special education
Appoints IEP
team
15
Principle 3: Free Appropriate
Public Education (FAPE)
• Special education and related
services
 Provided at public expense
 Meet state educational agency standards
 Provided in conformity with the
Individualized Education Program (IEP)
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
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
18
Appropriate Education
• What is appropriate must be

decided on a case by case basis
• Must meet state standards
• Provided in conformity with IEP
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
20
Related Services
Services that may be required to
assist a child with a disability to
benefit from special education
21
Nonexhaustive List of Specific
Related Services
• Assistive Technology
• Counseling and Psychological
Services
• Residential Placement
• Social Work Services
• Parent Counseling and Training
• Speech Therapy
22
Nonexhaustive List of specific
Related Services
 Transportation
 Physical and Occupational Therapy
 Interpreters
 School Health Services (including
complex health services if needed)
X Surgically implanted medical devices
(e.g., Cochlear Implants)
X Medical Services 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
 Computer access
 Environmental control
 Augmentative communication
 Mobility equipment
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 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
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- 27
-Make changes if needed-
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
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
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
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
31
Continuum of Alternate
Placements
Regular Classroom
Self-Contained Classroom
Special Schools
Hospital/Institution 32
LRE Themes
• Appropriateness
 LRE is not intended to replace appropriateness
• Individualization
 One size does not fit all
• Options
 Entire continuum of placements must be available
• Integration/Inclusion Bias
 We must start with the notion of integration
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
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

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
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
37
Mediation
• States must offer mediation as a voluntary
option to parents and educators for resolving
disputes
• The mediator must be:
 Trained or qualified to conduct mediation sessions
 Knowledgeable about special education law
 Impartial
• If mediation is unsuccessful, either party may
request a due process hearing
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
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
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
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
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
43
Parental Consent Requirements
• Consent must be obtained before:
Beginning or changing student’s identification
as IDEA-eligible
Conducting a preplacement evaluation
Initial placement or change of placement
Conducting a reevaluation
• Consent is voluntary and may be revoked at
any time
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)
45
The Special Education Process
Programming Evaluation
1. Develop the IEP* 1. Monitor progress*
2. Deliver services 2. Reevaluation
Assessment
1. Determine Eligibility*
2. Determine Programming
46

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The Individuals With Disabilities Education Act: Yell / The Law and Special Education, Second Edition

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Copyright:

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The Individuals with

Least Restrictive Environment Educate students with disabilities with nondisabled

Procedural Safeguards Comply with the procedural requirements of the

LEAs shall conduct a full and

MDT decides if sped assessment is needed

MDT seeks parental permission to assess

MDT receives informed

MDT conducts assessment

Does the child have an IDEA disability

Does the child need special education

• Educational services must be

• What is appropriate must be

Develop the Educational Program

Monitor Student Progress

Provide Integrated Experiences

• Schools districts must provide notice,

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