IDEA in Education
Westby 1
IDEA in Education
David Westby
SPED 100
Dakota State University
Abstract
This paper explores how the Individuals with Disabilities Education Act (IDEA) affect special
education. This paper talks about how IDEA allows students to receive assistance to the
maximum extent appropriate through Zero Reject, Least Restrictive Environment (LRE), and
Shared decision making. Students that are evaluated are protected under the law to nonbiased,
multifactor methods of evaluation and by the due process given to them. Finally this paper talks
about how IDEA allows these protections and assistance free to students through Free and
Appropriate Education (FAPE).
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IDEA in Education
When a special education student first enters a classroom, they have to face many
challenges; challenges that most students do not have to face, whether it be, struggles in math,
reading, science, social life they are at a handicap. These students sometimes are not treated
equal with the rest of the student body. It was not until 1975, that legislation passed the All
Handicapped Children’s Act of 1975, which protected students with intellectual disabilities.
With this law, America took a big step toward achieving equal education for everyone. After the
All Handicapped Children’s Act, there were many changes to the legislation to enhance its rules
to include all students with a disability. The most recent legislation to cover special education
was the Individuals with Disabilities Education Improvement Act, which was passed in 2004 by
Congress. This law changed education in America for the better. The Individuals with
Disabilities Education Improvement Act allowed students to receive assistance to the maximum
extent appropriate, and to receive free and appropriate education.
In a study performed in 2000, 12.4%, or 5.8 million, of students were on Individualized
Education Plan (U.S. Department of Education, 2001). With all these students needing
assistance, IDEA has laws in place to assure each one of these students is getting assistance to
the maximum extent appropriate. The first article of IDEA is Zero Reject. Zero Reject states
that all students are entitled to free and appropriate education regardless of the extent of their
disabilities. Due to the fact of Zero Reject, students with severe disabilities that require
hospitalization still are able to receive education. If this was not in place, schools could deny
students who are hospitalized because educating them could be very expensive. Parents then
would not only have to pay for the hospital bill, but their child’s education as well. Zero Reject
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changed educators’ roles because now teachers and principals are required to teach children with
all kinds of disabilities and environments.
The next article of IDEA is LRE. Least Restrictive Environment states that students
with disabilities are to be educated in the general education classroom to the maximum extent
appropriate. Determining the LRE for the student is a team process and should be reached
systematically (Palaestra, 2007). The LRE allows students with disabilities a chance to be able
to interact with fellow students, which then allows them to feel a sense of “fitting in.” Let us say
there is a student named Emily. Emily has a disability in math, which is very difficult for her.
She succeeds in every subject except for math. Emily’s LRE would most likely be in the general
education classroom except for math class, when she would be in the special education
classroom. Emily can still interact with her fellow classmates, create everlasting friendships
because she spends most of her time in the general education classroom, and still received
enough help for her to understand math. In addition, teachers now have to be able to teach their
normal curriculum and be able to keep the children with disabilities on pace with the other
students.
The third article of IDEA is that schools are required to have Share Decision Making
with all parents. Schools must get parental permission in order to provide a child special
education services unless the school can show it has attempted to contact parents to get consent
and parents have failed to respond. The school may then go ahead and conduct the special
education services (South Dakota Department of Education, 2011). IDEA provides parental
input on all services that the school provides for their students special education needs. This also
helps teachers because now teachers can talk to the parents about any concerns and come up sith
the best solution to help the kids.
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IDEA also keeps parents and students best interests in mind and keeps them safe. The
fourth article of IDEA is Nonbiased, Multifactor Methods of Evaluation. This article of IDEA
makes sure that it is not environmental factors affecting the student’s evaluation. All evaluations
must be nonbiased. There must be numerous amounts of tests, data, and recommendations.
Teachers have to assess each student equally; that way, the student has the best chance of
succeeding. This article of IDEA assures that students qualify for special education and are not
struggling in school due to a temporary conflict.
The fifth article of IDEA is Due Process. In this part, it covers all of the laws emplaced
that protect the students and parents from unlawful actions by the school or the state. Without
this protection, students could be exploited and parents could be kept out in the dark of their
child’s education by schools and by teachers. These laws are based upon Supreme Court rulings
such as Diana vs. State Board of Education (1970). In addition, there are a few laws that are
required by the government, but most states also have other requirements that schools must
follow by, in regards to due process. Each states department of education usually mandates
these. Finally, teachers have to be educated on all of the laws that regard them and special
education so that they are not doing something illegal.
The sixth and final article of IDEA is FAPE, Under Free and Appropriate Education all
special education services are free to the parents. With this, parents who are in financial trouble
do not have to worry about cutting back on their student’s education just because they do not
have the money to pay a teacher to educate their child. FAPE also requires that the quality of
services provided to students with disabilities be equal to those provided to non-disabled students
(NCLD Editorial Staff, 2009).
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IDEA changed America’s view on special education by using assistance, laws, and free
and appropriate education to help students with intellectual disabilities. Without IDEA, many
students would left out without and would not a chance of succeeding. IDEA also changed the
roles educators have with students, by making them more involved with the special education
process.
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References
NCLD Editorial Staff. (2009, February 25). What is FAPE and What Can it Mean to my Child.
Retrieved November 16, 2012 from The National Center for Learning Disabilities:
http://www.ncld.org/at-school/your-childs-rights/laws-protecting-students/what-is-fapeand-what-can-it-mean-to-my-child
Palaestra. (2007). Getting the Most Out of the Least Restrictive Environment. Retrieved
November 16, 2012, from Proquest:
http://www.ezproxy.dsu.edu:2786/pqrl/docview/213172864/13303F3FA8665700B3C/15
?accountid=27073
South Dakota Department of Education. (2011, July). South Dakota Parental Rights and
Procedural Safeguards. Retrieved November 16, 2012, from SDDOE:
http://doe.sd.gov/oess/documents/SPED_parentalrights_handbook.pdf
U.S. Department of Education. (2001, September). Overview of Public Elementary and
Secondary Schools and Districs: School Year 1999-2000. Retrieved November 16, 2012,
from National Center For Educational Statistics:
http://nces.ed.gov/pubs2001/overview/table10.asp