IDEA / Related Legislation
Individuals
with Disabilities Education Act (IDEA)
By Susan
Goodman, Esq. and Michelle Cook, Esq.
INTRODUCTION
On June 4, 1997, President Clinton signed the Individuals
with Disabilities Education Act of 1997 (IDEA), which amends and
updates the current IDEA. This new law reinforces opportunities for
parents, students and educators to develop educational programs
which give students access to meaningful educational opportunities
with proper supports and services. Many of the provisions in the new
law explicitly reinforce the recognition of assistive technology
devices and services as the means by which students can meaningfully
participate in and benefit from educational opportunities.
The new law, however also amends the Act to include new sections
that deal with disciplining students with disabilities. For
instance, the "stay-put" provision of the law which allowed a
student to remain in his or her current educational placement during
the pendency of disputes between parents and schools is now removed
for certain "categories" (described below) of students. In addition,
the power to determine whether a child should be removed from
schools for certain actions is now given to a administrative hearing
officer rather than a judge. The new law seeks to protect the rights
of students with disabilities against arbitrary exclusion from
schools based on prejudice and stereotype. However, parents and
advocates need to be involved in their child's educational program
to ensure that proper supports are provided and that the obligations
of the school district are met.
BACKGROUND
Part B of IDEA requires states that receive federal funding under
the Act provide students, ages 5-21 years, with a free appropriate
public education (FAPE). Under Part B, school districts are required
to ensure that each student diagnosed with a disability (as defined
by IDEA) receive FAPE. The school district is required, with a
multi-disciplinary team that includes a student's parent or
guardian, to develop an Individualized Education Plan (IEP) for each
student - after an appropriate evaluation and assessment in all
areas of suspected disability. The plan must include information
from the multi-disciplinary team, including evaluation results, to
decide what special education, related services and supplementary
aids and services that student needs to benefit from his/her
educational program.
Part B is permanently authorized - which means that is does not
have to be voted on every few years to continue. Other parts of the
Act (now called Parts C and D), needed to be reauthorized (e.g.,
Parent Training and Information Centers, personnel training, Infant
and Toddler programs, research programs, demonstration programs for
students with severe disabilities) for funding to continue. In spite
of the fact that Part B did not require reauthorization or amending,
Congressional members and special interest groups developed a bill
that changed it. This happened for several reasons:
• Many groups believed that positive changes could be made in
the education of students with disabilities, building on the last
20+ years of experience since the law was first enacted;
• A
desire by some groups to stem the tide towards including students
with disabilities in regular classroom settings;
• A desire by
high profile groups, such as school board associations and
superintendent organizations, to add "discipline" amendments
because of the position that individuals with disabilities were
responsible for the problems of guns, drugs, and violence in
schools.
NEW LEGISLATION
The 105th Congress has amended Part B of the Individuals with
Disabilities Education Act. Changes to the law are a result of
"compromise" bipartisan legislation. Some new provisions, most of
which were implicitly required by the current Act, can positively
affect the education of students with disabilities, if implemented
properly. These include:
• Consideration of assistive technology needs when developing
an IEP;
• Development and use of appropriate behavioral
supports;
• Development of an IEP that "enables the child to be
involved in and progress in the general curriculum";
•
Participation by parents in placement decisions;
•
Consideration of the student's communication needs.
Development of an IEP that meets these and other requirements
proposed in the law can result in positive and meaningful
educational experiences for students with disabilities. Many
teachers and school districts will try to ensure that the positive
aspects of the law benefit the student and all of those individuals
involved in his/her educational program. Most importantly, the
provisions which require that the school "acquire, disseminate and
adopt promising practices" and all elements of FAPE, must apply to
"alternative educational settings." However, proper training and
support for teachers, students and other school personnel are often
lacking in school districts. These are greatly needed to
successfully implement positive new provisions.
DISCIPLINE AMENDMENTS
There was a great deal of contention around the new discipline
amendments between groups representing students with disabilities
and their families, and groups such as the National School Board
Association and American Federation for Teachers. These amendments
are designed to apply to students who: (1) bring weapons to schools;
(2) bring drugs to school; or, (3) are "substantially likely to
cause injury to self or others." Although "stay-put" has been
removed for these students in some circumstances, protections are
built into the law to prevent arbitrary exclusion of students who
have not had the benefit of the appropriate services in school.
ACTION STEPS
- If you suspect that your child is experiencing problems in
school which manifest in unacceptable behavior, request a
functional behavioral assessment and if appropriate, development
of a behavioral intervention program.
- Remind school personnel of your support of proper
implementation of your child's IEP and work cooperatively whenever
possible.
- If you feel your child's educational program may be
contributing to behavioral problems or the IEP is not being
implemented properly, request an IEP meeting to address your
child's goals and objectives. Make sure you have school work or
other information necessary to address the issues
knowledgeably.
- If you cannot resolve issues at the IEP level, request an
administrative hearing. Make sure you can identify the issues
before this request (e.g., failure to implement the IEP,
inappropriate goals and objectives).
- Keep documentation of progress reports, IEPs, meeting notes,
evaluations and any other documents related to your child's
education.
If your child is threatened with disciplinary action, please
remember the following:
- You must be notified of any action the school is taking with
respect to your child.
- You must be a full participant in meetings where important
decisions are made about whether the school has met its
obligations to your child. Make sure you know what these
obligations are. Each state has at least one Parent Training and
Information Center that should have this information.
- The school district cannot refuse to provide educational
services to your child. While he or she may not have the right to
remain in their current placement, all services on the IEP must be
delivered without interruption. In addition, your child continues
to have the right to participate in the general curriculum.
- You have the right to an expedited hearing if you disagree
with any decision made by school personnel.
- If you think your child's rights have been violated, contact
your local Protection and Advocacy services. This agency should be
listed in the government pages of your phone book.
The opinions expressed herein do not necessarily reflect the
position or the policy of the U.S. Department of Education, and no
official endorsement by the U.S. Department of Education of the
opinions expressed herein should be inferred. |
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