1. How
will the new law help children with disabilities reach higher levels
of achievement? The 1997 Individuals With
Disabilities Education Act which will be signed into law by
President Clinton aims to strengthen academic expectations and
accountability for the nation's 5.4 million children with
disabilities, and bridge the gap that has too often existed between
what those children learn and the regular curriculum.
From now on, the Individualized Education Program
(IEP) -- the plan that spells out the educational goals for each
child and the services he will receive for his education -- must
relate more clearly to the general curriculum that children in
regular classrooms receive.
The law will also require regular progress reports
to parents, include children with disabilities in state and district
assessments and in setting and reporting on performance goals as
they do for non-disabled children.
Teachers will benefit from advancements in research
through professional development initiatives.
2. What
about parents? How are parents involved in decisions about
their child's education? Parental
involvement will increase under the new law. In all states,
parents will now be included in groups making eligibility and
placement decisions about children with disabilities.
Previously, in some states, parents only had a right to be included
in IEP meetings. Parents also have a right to consent to
periodic re-evaluations of their children's program, in addition to
initial evaluations.
Currently, parents of children with disabilities
rarely get regular reports from schools on their child's progress in
achieving academic goals set forth in the IEP. The new law
aims to increase parental involvement by requiring regular progress
reports, that are commonly made for other children.
3. Will more children with disabilities be placed in
regular classroom settings under the law? The new law is designed to remove financial incentives for
placing children in more separate settings when they could be served
in a regular classroom, and it will include regular classroom
teachers in the meetings at which the academic goals of children
with disabilities are set.
The new law also eases some of the restrictions on
how IDEA funding can be used for children served in regular
classrooms. Specifically, such funds can be used for providing
services to children with disabilities in regular classroom settings
even if non-disabled children benefit as well.
4. How does the new law change the roles and
responsibilities of regular classroom teachers? A critically important feature of the new law specifies that
regular teachers will be part of the team that develops each child's
IEP. That is especially important since the law removes
barriers to placing disabled children in regular classroom settings
and ties the education of children with disabilities more closely to
the regular education curriculum.
The law requires that IEP's include the program
modifications and supports for the child and teacher to enable the
child to succeed in the classroom.
The law also provides continued federal support to
improve teacher training nationwide, and adds support of teacher
training programs in geographic areas with acute teacher
shortages.
5. How will IDEA 97 prevent inappropriate
placements for minority children? Whether
the child is a minority student or not, IDEA 97 emphasizes that for
most children with disabilities, special education is not a
place. Rather, special education is a set of services to
support the needs of children with disabilities to succeed in
general education classrooms.
For the first time, states will be required to
gather data to ensure that school districts are not
disproportionately identifying and placing children with
disabilities from minority or limited English proficiency
backgrounds in separate educational settings, and that such children
are not being disproportionately suspended or expelled. In
addition, in determining their education services, schools will be
required to address the language needs of students who have limited
English proficiency. Teachers will be provided training and
research based knowledge to meet the special needs of these
children.
6. How will this law help school districts meet the
costs of special education? The new law
directs more federal dollars to school districts and allows them
greater flexibility to meet the needs of children with disabilities
in their schools. States and other public agencies will
continue their level of support to school districts.
Unnecessary assessments will be eliminated, saving school districts
an estimated $765 million per year.
7. How does IDEA promote safe, well-disciplined
schools? All children deserve safe and
well-disciplined schools. For the first time, the new law sets
out and clarifies how school disciplinary rules and the obligation
to provide a Free Appropriate Public Education to disabled children
fit together.
The law explicitly requires that children who need
it receive instruction and services to help them follow the rules
and get along in school.
However, the law also recognizes that if students
bring a weapon or illegal drugs to school, schools have the right to
remove children with disabilities to an alternative educational
setting for up to 45 days. The new law permits schools to go
to a hearing officer for an injunction to remove a child for up to
45 days if the child is considered substantially likely to injure
himself or others. Previously, only a court had that
authority. And the law also recognizes the right of schools to
report crimes to law enforcement or judicial authorities.
At the same time, the law guarantees that children
under suspension or expulsion would still receive special education
services elsewhere.
8. How does the law affect infants, toddlers, and
preschoolers with disabilities? The law
allows federal funding to rise to $400 million for infants and
toddlers programs from current appropriations of $315 million.
For preschoolers allowable funding is up to $500 million up from
current spending of $360 million. It clarifies that infants
and toddlers should receive services in the home or in other natural
settings where possible. It also improves the coordination and
transition for children from infant and toddler programs to
pre-school programs.
9. Will these changes and new requirements affect
the number of lawsuits and due process hearings by parents and legal
bills for school districts? When parents
and schools districts collaborate on children's education, conflict
is minimized. IDEA 97 recognizes and encourages these positive
relationships and non-adversarial methods of resolving
disputes. The new law includes parents in placement decisions
and requires schools to report regularly to parents on their child's
progress. |