Gwendolyn Hayes SWO 604 October 22, 2015 Context and

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Gwendolyn Hayes
SWO 604
October 22, 2015
Context and Background
Individualized Education Plans (IEPs) are part of the Individuals with Disabilities
Education Act (IDEA) (APA, 2015). The IDEA is divided into four parts (A, B, C, and
D). Part B lays out the educational guidelines for children age 3-21 (APA, 2015). This is
where the stipulations for the IEP are laid out. Under this section of the law: 1) every
child is entitled to a free and appropriate public education, 2) any student suspected to
have a disability that impacts their learning/behavior is entitled to a full evaluation in all
areas related to the suspected disability, 3) all students found eligible of disability by state
and federal standards are entitled to an IEP – a series of specific actions education
providers will take to help the student reach their stated goals, 4) all students with an IEP
will be offered a “least restrictive environment” – an environment most like the
mainstream school environment in which the student can reach their stated goals, 5) all
parents and students will be involved with educators in the process of creating an IEP,
and 6) procedural safeguards that protect students with and IEP and their families (e.g.
access to education records, informed consent, understandable language, and due
process) (APA, 2015).
The IDEA, like many social reforms, was born out of the 1960s. This was a time
when equal rights and education reforms were being talked about across the country.
Segregation laws for Black students were changing and early education programs for
low-income families were being created (Center for Public Education, 2009). Soon
students with disabilities were being considered too. At this time public schools could
turn down disabled students and it was estimated only 1 in 5 was able to access education
(Center for Public Education, 2009). This changed with the passage of the Education for
All Handicapped Children Act, and passed in 1975, which required, “a free and
appropriate public education that emphasizes special education and related services
designed to meet their unique needs and prepare them for further education, employment,
and independent living” (Center for Public Education, 2009, par. 1). In 1990, the act was
amended to reach more culturally and ethnically diverse children and renamed the IDEA
(Cheadle, 1991). The law was again amended in 2004 with the Individuals with
Disabilities Education Improvement Act (IDEIA) to align the IDEA with the No Child
Left Behind Act (US Department of Education, 2015).
According to the act, disability categories that would qualify a child for an IEP
include: autism, deaf-blindness, deafness, hearing impairment, intellectual disability,
multiple disabilities, orthopedic impairment, other health impairment, specific learning
disability, speech or language impairment traumatic brain injury, visual impairment
(including blindness), and emotional disturbance (US Department of Education, 2015).
While many of these categories are easily diagnosed medical conditions, emotional
disturbance is unique because it pertains to a mental health disability. The act lays out the
following description for emotional disturbance,
“a condition exhibiting one or more of the following characteristics over a long
period of time and to a marked degree that adversely affects the child’s
educational performance:
(A) An inability to learn that cannot be explained by intellectual, sensory,
or health factors.
(B) An inability to build or maintain satisfactory interpersonal
relationships with peers and teachers.
(C) Inappropriate types of behavior or feelings under normal
circumstances.
(D) A general pervasive mood of unhappiness or depression.
(E) A tendency to develop physical symptoms or fears associated with
personal or school problems.
The term includes schizophrenia. The term does not apply to children who are
socially maladjusted, unless it is determined that they have an emotional
disturbance” (US Department of Education, 2015).
Children who are in the emotionally disturbed category have not benefited as expected
from the IDEA. Longitudinal studies show little outcome improvement for this
population since the 1980s (Bradley , Doolittle, & Bartolotta, 2008). Given this, it seems
important we understand what practices are currently being used in schools to support
emotionally disturbed children, and how these practices might be improved.
References
APA. (2015). Individuals with disabilities education act (IDEA). APA. Retrieved from
http://www.apa.org/about/gr/issues/disability/idea.aspx
Bradley , R., Doolittle, J., & Bartolotta, R. (2008). Building on the data and adding to the
discussion: The experiences and outcomes of students with emotional disturbance.
Journal of Behavioral Education, 17(1). Retrieved from
http://link.springer.com/article/10.1007/s10864-007-9058-6
Center for Public Education. (2009). Special education: History of IDEA. Center for
Public Education. Retrieved from http://www.centerforpubliceducation.org/MainMenu/Evaluating-performance/Special-education-At-a-glance/Special-educationHistory-of-IDEA.html
Cheadle, B (Ed). (1991). EHA is out, IDEA is in. Future Reflections, 10(1). Retrieved
from https://nfb.org/images/nfb/publications/fr/fr10/issue1/f100112.html
US Department of Education. (2015). Sec. 300.8 Child with a disability. Retrieved from
http://idea.ed.gov/explore/view/p/,root,regs,300,A,300%252E8,
US Department of Education. (2015). Topic: Individualized education program (IEP).
Retrieved from
http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CTopicalBrief%2C10
%2C
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