The Individuals with Disabilities Educational Act (IDEA) was first instituted in 1975. At the time, it is named the Education of Handicapped Children Act which was passed in response to concerns that public schools were not providing enough appropriate education to children with disabilities (Lipkin, Okomoto, et. al., 2015). On December 3, 2004 the individual with disabilities Education Act was amended again known as the IDEA 2004. The statute is in volume 20 of the Unites States code U.S.C.
In reauthorizing the IDEA, Congress increased the focused-on accountability and improved outcomes by emphasizing reading early intervention; and research-based instruction by requiring that special education teachers be highly qualified. The IDEA has two primary purposes, one is to provide an education that meets a child’s unique needs and prepare the child for further education, employment and independent living. The second purpose is to protect the rights of both the children with disabilities and their parents. The IDEA of 2004 requires schools to use “proven methods of teaching and learning” based on “replicable research”. The IDEA of gives the special education teacher some view on exactly what the child needs are.
Part B has paved the way for individualized instruction for each child with an educational disability in my classroom. This allows special education teachers to pinpoint exactly what the child needs to work on and target that skill in isolation. Part B of IDEIA is divided into sections. Section 611 outlines the funding for students who receive special education services under the law (H.R. Res. H.R.5, 1997). For states who adopt the law and provide services required by the law, the government provides additional funding for students with disabilities. Section 612 outlines the criteria for state eligibility. States which wish to receive government funding for students with disabilities must provide a goal for teaching all students with disabilities and a timeline for meeting that goal.
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Section 1412: State Eligibility (“Catch All Statute”) it’s called this because it includes topic like; child find. Least restrictive environment, preschool transitional programs, services for children within private school settings, reimbursement of tuition, and new requirements about the participation in the assessments, accommodations guidelines, and other assessments. Section 1414: Which is the second most important statute in the 2004 IDEA, it includes evaluations, consent, reevaluations, eligibility, IEPs, IEP meetings and educational placements.
The 2004 IDEA states that initial evaluations and eligibility to completed 60 calendar days after receiving the parental consent. The school must also obtain an informed parental consent before conducting an initial evaluation. The school is not required to reevaluate a child more often than once a year, unless the parent and school agree to more frequent evaluations. In the 2004 IDEA the Eligibility was changed from the “Determination of Eligibility” to the “Determination of Eligibility and Education Need”.
This is where a team of professionals and the parents determine whether a child is a child with a disability, and the educational needs of the child. The school must evaluate the child before terminating the child’s eligibility for special education services. Section 504 does not require the school to provide an IEP designed to meet your child’s unique needs; under this section there are very little procedural safeguards available to children with disabilities. Section 504 plan does not have to be written and does not require parental agreement. The purpose is to protect individuals with disabilities from discrimination for reasons related to their disabilities.
Children who receive services under IDEA is automatically protected by 504. It also focuses on accommodations & modifications services, that are offered to children with disability. To be eligibility for protection under 504, an individual must have a physical or mental impairment. The school must perform an evaluation that draws information from a variety of sources. IEPs, is defined as an educational plan created by a team of the child’s parents/guardians, special education teachers, general education teachers, administrators, occupational therapists, speech therapists, behavioral specialists, psychology specialists, and other professionals to meet the individual needs of the student.
The foundation of the IEP is a battery of psychoeducational assessments, classroom-based assessments and observations, and parent and teacher input. Based on the observations and assessments, a plan is then created to meet the academic, behavioral, and social needs of the student. This group of people comes together at least annually to discuss progress, update goals and objectives, and determine the most appropriate services and accommodations/modifications. The IEP is important because it is written specifically for one child in order to help that child achieve success in the school environment. The IEP also must include the child’s current levels of performance, the child’s disability category and how that disability affects the child’s education, measurable annual goals and objectives. An IEP must be reviewed by the IEP team at least once annually.
During the annual review, the team may update the IEP to continue to meet the needs of the student. The least restrictive environment (LRE) is defined as “the maximum extent appropriate, children with disabilities . . . are educated with children who are not disabled” (IDEA, 1997). The LRE did not change in IDEA 2004. Schools are required to still educate children with disabilities with children who are not disable, “to the maximum extent appropriate.” A child may only be removed from the regular educational setting if the nature or severity of the disability is such that the child cannot be educated in regular classes, even with the use of supplementary aids and services. The IEP team collaborates to determine the least amount of time the child with a disability needs to spend outside of the general education classroom. This allows for appropriate social and academic development. IDEA requires local education agencies to place students in their Least Restrictive Environment (LRE).
Placing children with disabilities in their least restrictive environments can be challenging but is necessary for the children to reach their full potential socially and academically. Students with disabilities should be allowed to be in the general education setting as much as possible, if the general education setting meets the needs of the students and the student’s presence in the general education setting does not interfere with the learning of other students. School districts are required to provide reasonable accommodations and modifications in the general education setting before moving a student to a more restrictive placement. Students who are placed in restrictive special education settings, such as self-contained classrooms, are labeled by other students and adults as a student with a disability.
Accommodations are supports that can be put into place in the general education classroom to assist the student with accessing the curriculum. Accommodations are the first line of assistance to ensure that the student is in the LRE and is also enabled to participate in state mandated testing. Some students require accommodations which help them access the same curriculum as their general education peers. Modifications change the curriculum and are typically used for children who cannot perform on grade level as noted by their psychoeducational reports. Within each IEP is a statement of accommodations, supports, and modifications needed in order to provide an appropriate education to each student. Students who have issues with motor skills may need assistive technology to help them write papers. Students with medical issues or orthopedic impairments may need a one-to-one paraprofessional to support them with transitions or nurse and bathroom visits.
In Conclusion, IDEA changed the way that programs are built and put into place for children with disabilities. It gives clear guidelines on determining eligibility, the development of IEP, and the parents’ role in the whole process. IDEA also details what the states themselves should have in place for school districts to use in order to be sure they are in accordance with IDEA. They create procedural safeguards that define the parent rights and explain how they can request a due process hearing. They also use IDEA as the source of information for funding for students being evaluated or served under special education. This law creates accountability between administration of all levels, teachers, and parents. The entire IEP team is accountable for the progress of the child through IDEA.
References
- United Spinal Association – Disability & Special Education Laws
- U.S. Department of Education – IDEA (Individuals with Disabilities Education Act)
- National Dissemination Center for Children with Disabilities – IDEA (Individuals with Disabilities Education Act)
- University of Nebraska-Lincoln College of Education and Human Sciences – The Individuals with Disabilities Education Act (IDEA) 2004: A Summary of the Major Provisions
- Center for Parent Information and Resources – IDEA, Part B: Key Statutes and Regulations
