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Ch4TheIndividualswithDisabilitiesEducationAct.pptx

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The Law and Special Education

Fifth Edition

Chapter 4

The Individuals with Disabilities Education Act

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Learning Objectives

4.1 Describe the historical development of the Individuals with Disabilities Education Act (I D E A) from early court rulings and legislation to the enactment of the I D E A.

4.2 Describe the four parts of the I D E A: Parts A, B, C, and D.

4.3 Describe the purpose of the I D E A.

4.4 Describe the reauthorizations of the I D E A.

4.5 Describe the major principles of the I D E A.

4.6 Describe the mechanisms for funding the I D E A.

4.7 Describe the monitoring and enforcement provisions of the I D E A

Introduction

We must recognize our responsibility to provide education for all children [with disabilities] which meets their unique needs. The denial of the right to education and to equal opportunity within this nation for handicapped children—whether it be outright exclusion from school, the failure to provide an education which meets the needs of a single handicapped child, or the refusal to recognize the handicapped child’s right to grow—is a travesty of justice and a denial of equal protection under the law.

-Senator Harrison Williams

The Development of the I D E A

Early court rulings and legislation

The Elementary and Secondary Education Act

The Education of the Handicapped Act

The early court cases

The passage of the Education for All Handicapped Children Act (I D E A)

Purpose & Structure of the I D E A

The purpose of the I D E A

Who is protected?

Categories of disability

Age requirements

Infants and toddlers

The structure of the I D E A

Part A

Part B

Part C

Part D

The Principles of I D E A-Part B

Zero Reject

Identification and evaluation

Free appropriate public education

Least restrictive environment

Procedural safeguards

Technology-related assistance

Personnel development

Parent participation

The I D E A and the Reauthorization Process

Amendments to the I D E A

The Handicapped Children’s Protection Act (1986)

The Education of the Handicapped Amendments (1986)

The Individuals with Disabilities Education Act (1990)

The I D E A Amendments (1997)

The Individuals with Disabilities Education Improvement Act (2004)

Funding the I D E A

State education plans

Full funding?

Federal I D E A fund expenditures to states

Child count

Nonsupplanting requirement

75% (School districts), 25% (state level)

Monitoring and Enforcing the I D E A

The Office of Special Education and Rehabilitative Services (O S E R S)

The Office of Special Education Programs (O S E P)

Promulgating regulations

Policy letters and guidance documents

Monitoring

State Performance Plans and Annual Performance Reports (1 of 4)

Indicators for students with I E Ps

Percent of students graduating from high school

Percent of students who drop out from high school

Participation and performance of students on statewide assessments

Rates of suspension and expulsions of students

Percent of students served inside and outside side the general education classroom 80%, 40%, or separate schools/residential schools

Percent of students attending a regular early childhood program or separate special education class

State Performance Plans and Annual Performance Reports (2 of 4)

Percent of students who demonstrate improved positive social-emotional skills/appropriate behavior

Percent of parents reporting that the school facilitated parent involvement

Percent of districts with disproportionate representation of racial and ethnic groups in S P E D

Percent of districts with disproportionate representation of racial and ethnic groups in specific disability categories

Percent of students who were evaluated within 60 days of receiving parental consent

Percent of children referred by Part C prior to age 3 who are found eligible for Part B

State Performance Plans and Annual Performance Reports (3 of 4)

Percent of students whose appropriate measurable postsecondary goals that are updated annually and are bases on age appropriate transition assessments and services

Percent of youth who are no longer in secondary schools who were enrolled in higher education or were competitively employed

General supervision system identifies and corrects noncompliance

Percent of hearing requests that went to resolution sessions

State Performance Plans and Annual Performance Reports (4 of 4)

Percent of mediations held that resulted in mediation agreements

State reporting data are timely and accurate

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