Individuals with Disabilities Education Act (IDEA) in USA

IDEA entitles every student to a free and appropriate public education (FAPE) in the least restrictive environment (LRE). To ensure a FAPE, a team of professionals from the local educational agency and the student's parents to identify the student's unique educational needs, develop annual goals for the student and determine the placement, program modification, testing accommodations, counseling, and other special services which meets the student's needs. Parents are supposed to be equal participants in this process. The student's plan, to include the above items, are recorded in a writtenIndividualized Education Program (IEP). The school is required to develop and implement an IEP that meets the standards of federal and state educational agencies. Parents have the option of refusing Special Education services for their child.

Under IDEA, students with disabilities are entitled to receive special educational services through their local school district from age 3 to age 18 or 21. To receive special education services, a student must demonstrate a disability in one of 13 specific categories, including autism, developmental disability, specific learning disability, intellectual impairment, emotional and/or behavioral disability, intellectual disability, speech and language disability, deaf-blind, visual impairment, hearing impairment, orthopedic or physical impairment, other health impaired (including attention deficit disorder), multiple disabilities and traumatic brain injury. Depending on the students' individual needs, they may be included, mainstreamed, or placed in a special school, and/or may receive many specialized services in a resource room or self-contained classroom. In addition to academic goals, the goals documented in the IEP may address self-care, social skills, physical, speech, and vocational training. The program placement is an integral part of the process, and typically takes place during the IEP meeting.

Alignment with No Child Left Behind[edit]

The reauthorization of IDEA in 2004 revised the statute to align with the requirements of the No

Child Left Behind Act (NCLB). NCLB allows financial incentives to states who improve their

special education services and services for all students. States who do not improve must refund

these incentives to the federal government, allow parents choice of schools for their children, and

abide by other provisions. Some states are still reluctant to educate special education students

and seek remedies through the courts. However, IDEA and NCLB are still the laws of the land to

date.

In looking to align NCLB and the 2004 reauthorization of IDEA there are a few key areas of

alignment: requirement of highly qualified teachers, establishment of goals for students with

special needs and assessment levels for these students[23] The alignment of NCLB and IDEA

requires that all special education teachers be highly qualified. While the standards for being

highly qualified may differ between state or school district the minimum requirements are that a

teacher holds a bachelor’s degree from a four-year college, is certified and licensed to teach by

the state and has taken the necessary tests to indicate competency in one's subject area,[24] although special education teachers are often exempt from such testing. These requirements

for highly qualified teachers do not always exist for private schools, elementary or secondary.

Next, goals and assessments must be provided that align with students' educational needs. A

state is allowed to develop alternate or modified assessments for students in special education

programs but benchmarks and progress must still be met on these tests that indicate adequate

yearly progress (AYP). In addition, these goals and assessments must be aligned similarly to

students enrolled in general education. Finally, in order to make AYP schools may additionally

require that schools met state standards of student retention, in terms of dropout rates and

graduate rates for their special education students.

Early intervention[edit]

The Education for all Handicapped children Act of 1975 started the course of action for early

intervention programs. In this act, public schools that received federal funding were required to

provide equal access to education for children with disabilities.[26] Services for infants and toddlers

was not included in the Act until the reauthorization in 1986.[27]

On September 6, 2011, the US Department of Education updated the IDEA to include specific

interventions for children of ages 2 and under that have disabilities. This section of the IDEA is

entitled Part C and serves children with developmental delays or children that have conditions

that may lead to developmental delays in the future. Part C is a $436 million initiative that will be

administered at the state level.[28]

On September 28, 2011, the Department of Education published an article in the Federal

Register detailing the updates that have been made to Part C of the IDEA.[29] The regulations are

effective on October 28, 2011. Major changes in the regulations are detailed below:

The definition of multidisciplinary has been revised to respect aspects of an updated

individualized family service plan (IFSP) team.

Native language is the language normally used by the parents of the child for any child that is

deemed limited English proficient

State’s applications to must include how the State plans to follow the payor of last resort

requirements in Section 303.511

Distinguishes between pre-referral, referral, and post-referral IFSP activities such as

screening, evaluations, assessments, IFSP development, etc.

Specifies that early identification information is provided in the native languages of various

population groups in the State

State must report to the public the performance of each Early Intervention System program

in relation to the State’s Annual Performance Report

More specific details on Early Intervention requirements are found below.

IDEA finish

Least restrictive environment[edit]

For more details on this topic, see Least Restrictive Environment.

The least restrictive environment (LRE) mandate requires that all students in special education

be educated with typical peers to the greatest extent possible, while still providing FAPE. The

LRE requirement is intended to prevent unnecessary segregation of students with disabilities,

and is based on Congress' finding students with disabilities tend to have more success when

they remain or have access to typical peers.

Although students should be educated in their LRE according to the law. There is something else

we have to explore when it comes to a students LRE. A student's behavior is key to the LRE. If

behavior is not appropriate in that LRE, then it can be addressed with restrictions and (BIP)

Behavior Intervention Plan. School Systems must allow one of the following persons: Special

Education Professional, Psychologist or a Behavioral Specialist to write and train teachers on the

plan, before implementation in the classroom. This plan will have to be merged with the IEP to

ensure a successful learning environment.[2]

https://en.wikipedia.org/wiki/Special_education_in_the_United_States#Studies_and_Data_on_Special_Education

Developing the Individual Education Program (IEP)[edit]

Main article: Individualized Education Program

The Individual Education Program is developed by a team (sometimes referred to as the

Committee on Special Education) that must include at least one parent and the professionals

who work with the student. Teachers and a representative from the school administration are

generally required to attend these meetings. Parents may additionally include anyone they

choose, for any reason they choose.

Parents must be notified of the meeting in writing. The notification must indicate the purpose,

time and location of the meeting and list the people who will be in attendance, including the

name and position of each person. If parents are unable to attend at the appointed time, the

meeting should be rescheduled to accommodate the needs of the family.[2]

The Individual Education Program[edit]

The IEP must include:

A statement of the child's present levels of educational performance, which describes the

effects of the child's disability on all affected areas of the child's academic and non-academic

school performance.

A statement of annual goals including short-term objectives. Annual goals must describe

what the child is expected to accomplish in a 12-month period in the special education

program. Short-term objectives should describe the steps required to achieve the goals.

Goals and objectives are specific in all areas in which the child is receiving special education

services.

A statement of the specific special education and related services to be provided to the child

and the extent to which the child will participate in regular education programs.

The projected dates for the initiation of services.

Determining the appropriate placement[edit]

After the IEP meeting the parents must be given written notice of exactly where and how the

services will be provided for their child. Most often, the suggested program will be located within

the public school system in the district. When a student's disability is such that his or her needs

cannot be met in the district, the school district may suggest a placement in an out-of-district

program. These programs can include a Day Treatment Program, a Non-public Special

Education School, a Residential School or Home Instruction. In all cases, parents should visit the

sites that are recommended to observe the program to determine if the program is appropriate

for their child.[2]

Qualifying students for special education[edit]

By federal law, no student is too disabled to qualify for a free, appropriate education. Whether it

is useful and appropriate to attempt to educate the most severely disabled children, such as

children who are in a persistent vegetative state or in acoma, is debated.[16] While many severely

disabled children can learn at least simple tasks, such as pushing a buzzer when they want

attention or using a brain implant if they are unable to move their hands, some children may be

incapable of learning. However, schools are required to provide the services, and teachers

design individual programs that expose the child to as much of the curriculum as reasonably

possible. Some parents and advocates say that these children would be better served by

substituting improved physical care for any academic program.[16]

The referral[edit]

Parents who suspect or know that their child has a problem making adequate school progress

should request an evaluation from their local school district. The request, called a "referral for

evaluation," should be initiated in writing. The referral should be addressed to the principal of the

local public school or the special education coordinator for the district, and should provide the

child's name, date of birth, address, current school placement (if applicable), and the suspected

area of disability or special need. Referrals can also be made by general education teachers or

guidance counselors. Upon receipt of the referral, the school district will contact the parent to set

up a meeting time in order to explain the process and obtain written consent to perform the

necessary evaluations. To prepare for this meeting, parents should be able to describe their

child's problems in depth, providing examples of their child's difficulties in the classroom. Parents

can request any evaluations they feel are needed to add to the picture of the child's specific

educational needs, such as speech and language testing, occupational therapy testing or

neurological testing. All evaluations needed to provide a full picture of the child's disabilities must

be provided by the school system at no cost to the family.[2]

The evaluation[edit]

After the referral process, the district will begin the evaluation. The law requires a comprehensive

and nondiscriminatory school evaluation involving all areas of suspected disability.

Testing must be in the native language of the child (if feasible). It must be administered by a

team of professionals, which must include at least a general education teacher, one special

education teacher, and a specialist who is knowledgeable in the area of the child's disability.

Testing must be administered one-to-one, not in a group. Any tests or other evaluation materials

used must be administered by professionals trained and qualified to administer them; i.e.,

psychological testing must be conducted by a psychologist trained to administer the specific tests

utilized. Teachers also document any interventions they have already been using in the

classroom. In addition, teachers will use formal tests such as DIBELS (Dynamic Indicators of

Basic Early Literacy Skills),DRA (Developmental Reading Assessment), WJ III (Woodcock

Johnson Tests of Achievement) or the WIAT (Wechsler Individual Achievement Test) to see if

they are on grade level or below. Anything a teacher or committee member can bring with them

to help see the student's whole academic picture (e.g. grades) is extremely helpful.

In addition to testing, an observation of the child either in school or in a comparable situation is

required for an initial evaluation, and often at later stages as well. It is through the observation

that the child can be assessed while interacting with his peers and teachers. To insure objectivity

and cross-referencing, this observation must be conducted by a person other than the child's

classroom teacher. The observation need not be done exclusively in the child's classroom,

especially when the child's suspected area of disability may become manifest in larger settings,

such as the lunchroom, hallways or gym.

For children over twelve years of age, vocational testing is required. This requirement is in

keeping with the spirit of the IDEA 1997 Amendments that encourage preparation of children for

useful employment. The vocational testing should identify areas of interest and skills needed to

attain employment after graduation from school. During the testing process, the parent is free to

provide any privately obtained evaluative material and reports. Experts may include professionals

such as psychotherapists, psychiatrists, neurologists, pediatricians, medical personnel, and

tutors. Professionals who have been working with the child over time can often provide the

district with a long-term view of the child's needs.[2]

Classification[edit]

Once all the evaluative material is presented and reviewed at the meeting, the IEP team must

first determine whether the child is eligible for special education services. An eligible child will

require special education intervention in order to enable him/her to receive the benefits of

instruction and an education. If the team finds the child eligible for special education, they must

then classify the child in one of 13 categories.

The following are the students in the U.S. and outlying areas aged 6 through 21 who received

special education in the 2006-2007 school year.[17]

Disability Students Percentage

Learning disability (LD) 2,710,476 44.6%

Speech or language impairment (SI) 1,160,904 19.1%

Other health impairment (OHI) 599,494 9.9%

Mental retardation (MR) (now known as Intellectually

Disabled)523,240 8.6%

Emotional disturbance (ED) 458,881 7.5%

Disability Students Percentage

Autism 224,594 3.7%

Multiple disabilities 134,189 2.2%

Developmental delay 83,931 1.4%

Hearing impairment (HI) 72,559 1.2%

Orthopedic impairment (OI) 61,866 1.0%

Visual impairment (VI) 26,352 0.4%

Traumatic brain injury (TBI) 23,932 0.4%

Deaf & blindness 1,472 0.0%

The IDEA allows, but does not require, school districts to add the classifications of Attention-

Deficit/Hyperactivity Disorder (ADHD) and Pervasive Developmental Disorder (PDD) at their

discretion.[2]