Week One Individuals with Disabilities Education Act (IDEA) an Overview 2 Chapter 1 Objectives At the end of this chapter you should be able to: • Describe students who are in special education and the professionals that work with them. • Identify and define the Individuals with Disabilities Education Act (IDEA) • Articulate other federal laws that benefit students with disabilities. • Explain the outcomes these laws have helped achieve for students. 3 Values to Guide Teaching (Figure 1.1) • • • • • • Envisioning Great Expectations Enhancing Positive Contributions Building on Strengths Becoming Self-Determined Expanding Relationships Ensuring Full Citizenship Who Are the Students? 4 • Approximately 6 million students ages 6 - 21 • 369,596 infants and toddlers or 2.2% of U.S. infants and toddlers • 670,750 preschool children or 5.8% of the preschool-aged population Profile of Special Education 5 • Approximately 2/3 boys and 1/3 girls in special education • Approximately 1.8% to 18 % of students in the gifted and talented category in different statesOverall, 6.4 % of the school population • Females slightly outnumber males in gifted and talented category Students 6 to 21: 2007 6 Categories of Disabilities (Figure 1–2) 9% 8% 8% 46% 10% 19% Specific Learning disabilities Speech Language Impairments Intellectual Disability Emotional/Behavior al disorders Other Health Impairments Other Disabilities combined Who Are the Students? 7 Labeling • Allows students with disabilities to receive services • Labels may be stigmatizing or result in discrimination • View children by their abilities not disabilities • Use person-first language Who Are Special Education Personnel? 8 • Special education is a high-demand occupation • Districts often have unfilled teaching positions • Many different professionals work with students with disabilities: – School social workers – Occupational therapists – Physical therapists – Recreation and therapeutic specialists – Paraprofessionals – Supervisors/administrators – Psychologists – Diagnostic/evaluation staff – Audiologists – Speech therapists – Additional specialists Overview of the Law and Special Education 9 Two Types of Discrimination • Previous discrimination: ▫ Exclusion ▫ Misclassification • Consequences of Brown v. Board of Education (1954) Judicial Decisions and Legislation 10 Court Cases • Mills v. Washington, DC, Board of Education and Pennsylvania Association for Retarded Citizens [PARC] v. Commonwealth of Pennsylvania • The courts ordered school districts to: ▫ Provide a free, appropriate public education to all students with disabilities ▫ Educate students with disabilities in the same schools and basically same programs as students without disabilities ▫ Put into place procedural safeguards so that students can challenge schools that do not live up to the court’s orders. • These decisions led to families advocating for a federal law to guarantee rights and Congress to act Introduction to IDEA 11 • IDEA(originally called Education of All Handicapped Students Act or PL 94-142) was first enacted in 1975 • Original intent: Open schools to all students with disabilities and ensure they had a chance to benefit from special education • Current focus: Provide a free, appropriate public education to all students with disabilities 12 The Span of Special Education • IDEA provides services from birth to age 21 (historically was from ages 6 to 18) • IDEA has three sections: ▫ Part A sets out Congress’s intent and national policy to provide a free appropriate public education to all students with disabilities ▫ Part B serves children ages 3 to 21 ▫ Part C serves students ages birth to 2 Special Education and Students’ Eligibility 13 • Eligibility is based on need • Special education services are provided wherever there are students with disabilities ▫ Classrooms ▫ Students’ homes ▫ Hospitals and institutions ▫ Other settings 14 Related Services (Figure 1–3) • • • • • • • • • • • Assistive Technology Audiology Counseling services Early identification Family training, counseling, and home visits Health services Medical services Occupational therapy Orientation and mobility services Parent counseling and training Physical therapy • Psychological services • Recreation and therapeutic recreation • Rehabilitative counseling services • School health services • Service coordination services • Social work services in schools • Speech pathology and speech-language pathology • Transportation and related costs • Vision Services Students’ Eligibility 15 • Part B ▫ 12 disability categories under which students may be served • Part C benefits children under age 3 who: ▫ Need early intervention services because of developmental delays ▫ Have a diagnosed physical or mental condition that has a high probability of resulting in a developmental delay ▫ States have the option of serving at-risk children IDEA Disability Categories • Specific learning disabilities • Emotional disturbance • Mental retardation • Multiple disabilities • Deaf-blindness • Autism 16 • • • • Other health impairments Orthopedic impairments Traumatic brain injury Speech or language impairments • Hearing impairments • Visual impairments You will learn about these categories in Chapters 5 through 16. Individuals with Disabilities Education Act: Six Principles 17 • • • • • • Zero reject Nondiscriminatory evaluation Appropriate education Least restrictive environment Procedural due process Parental and student participation Zero Reject 18 • Ensures all children and youth (3 - 21), no matter how severe their disabilities, will have an appropriate education provided at public expense • Applies to: ▫ Educability ▫ Discipline Discipline • • • • • • • • 19 Equal treatment No cessation Unique circumstances Short-term removals Manifestation determination Response to no manifestation Response to manifestation Services in interim alternative educational setting • Weapons, drugs, and injury Nondiscriminatory Evaluation: Two Purposes 20 • Does the student have a disability? • What kind of special education and related services does the student require? • Assessment Requirements ▫ ▫ ▫ ▫ ▫ Screening Prereferral Response to intervention Referral Nondiscriminatory evaluation Appropriate Education: IEP/IFSPs 21 • Individualized education for each student with a disability • Developed collaboratively by the same people involved in the evaluation • Outcome oriented (include goals/objectives) • Provide the foundation for the student’s appropriate education Appropriate Education IEPs 22 IFSPs • Document for children ages 0–2 • Describes the services both the child and family will receive • Should be developed within 45 days of referral and reviewed at 6-month intervals and every year thereafter IEP Team Participants • • • • Parents General educator Special educator School system representative • Evaluation interpreter • Others • Student IEP Conference Activities 23 • Prepare in advance • Connect and get started • Review formal evaluation and current levels of performance • Share resources, priorities, and concerns • Share visions and expectations • Consider interactions of proposed students goals, placement and services • Translate student priorities into written goals • Determine placement, supplementary aids/services, and related services • Address assessment modifications and special factors • Conclude the conference Least Restrictive Environment 24 • Education with students who do not have disabilities • For early childhood, IDEA favors the “natural environment” • The rule: A presumption of inclusion • Access to the general education curriculum • Setting aside the presumption • The continuum of services • Extracurricular and nonacademic inclusion Procedural Due Process 25 Makes schools and parents accountable to each other • Resolution session • Mediation ▫ Not required by IDEA but strongly encouraged • Due process hearing ▫ Similar to a regular courtroom trial ▫ Conducted before an impartial hearing officer ▫ Parents and schools are entitled to have lawyers present 26 Parent and Student Participation • Parents are members of teams • Parents receive notification before schools do anything about their child’s education • Parents have the right to use the three dispute-resolution techniques • Parents have access to school records concerning student • At age of majority IDEA rights transfer to the student Relationship Among 6 Principles (Figure 1–7) IDEA 27 Federal Funding of the Individuals with Disabilities Education Act 28 • Congress grants federal money to state and local educational agencies • The federal money is insufficient to provide all services • States and local school districts must provide their own funds • Special education services are expensive Six Principles of No Child Left Behind 29 • Accountability for results • School safety • Parental choice • Teacher quality • Scientifically-based methods of teaching • Local flexibility Also • Aligned with IDEA because it seeks improved outcomes for students with disabilities Other Federal Laws: Entitlements and Antidiscrimination 30 • Rehabilitation Act ▫ Allows people to seek vocational rehabilitation services so they may work ▫ Provides services such as supported employment programs and job coaches • Tech Act ▫ Allows states to create statewide systems for delivering assistive technology devices and support to people with disabilities Other Federal Laws: Entitlements and Antidiscrimination 31 • Section 504 ▫ Applies to any program or activity receiving federal funds • Americans with Disabilities Act (ADA) ▫ Applies to other programs or activities available to the public that do NOT receive federal funds Special Education Results 32 • • • • Equality of opportunity Full participation Independent living Economic self-sufficiency Measured by: • High school completion rates • Post school employment rates • Overall satisfaction with life