The Individuals with Disabilities Act

Title I of the IDEA

Part A – general provisions and definitions

Part B – assistance for education of all children with disabilities

Overseen by the Department of Education

This department wrote the regulations

More strict

Individualized Education Plan - parents are on the team, but less involved than in Part C

Can bill Medicaid

Zero Reject – all students who are eligible are entitled to services.

Identification and Evaluation – protection in evaluation procedures

FAPE – Free and Appropriate Education

LRE – Least Restrictive Environment

Procedural Safeguards – ensures that parents are equal participants (informed consent).

Technology-Related Assistance – offers federal grants to states to provide AT.

Personnel Development – the kind and number of personnel needed to meet the goals of the IDEA.

Parent Participation – parents must be involved in the evaluation, IEP meetings, and placement decisions.

TItle 1 Schools, like Madison School District, Sugar Salem School District.

Walk to read, read 180, system 44

Part C – infants and toddlers with disabilities

Overseen by the Department of Health and Human Service

This department wrote the regulations

Less strict

Individualized Family Service Plan - coaching model

Can bill medicaid

Part D – national activities to improve education of children with disabilities.

Subpart 1 – State Personnel Development Grants

Subpart 2 – Personnel Preparation, Technical Assistance, Model Demonstration Projects, and Dissemination of Information.

Swift, IRIS

MARZANO BABY!

Subpart 3 – Supports to Improve Results for Children with Disabilities

Title II of the IDEA – established the National Center on Special Education Research.

Many schhol have to pay for their own services

This is why it is difficult for schools to offer the best of the best services. Schools are sometimes hesitant to recommend students attend a private school because they would have to fund it.

Subtopic

Early court rulings and legislation

Elementary and Secondary Education Act of 1965 (ESEA)

Education of the Handicapped Act of 1970 (EHA)

Amendments in 1974 are full educational opportunities, procedural safeguards, LRE.

Not all states accepted and followed the act.

Park v. Pennsylvania in 1972

resulted in access to public education for students with disabilities, basic procedural rights, and amendments to the EHA.

Mills v. Board in 1972

This was a HUGE step for children with disabilities! All of these cases combined made a huge impact on the abilities.

The passage of the IDEA

Education for All Handicapped Children Act of 1975 (EAHCA) addressed issues seen from the previous acts.

Purpose of the IDEA – addressed issues of EAHCA like children being excluded from schools, children did not receive an appropriate education for their needs, children were not diagnosed, and schools lacked adequate resources.

Who is protected? – those determined eligible for services by the MDT on an individual basis.

Categories of disabilities • autism; • deaf-blindness; • deafness; • emotional disturbance; • hearing impairment; • intellectual disability; • multiple disabilities; • orthopedic impairment; • other health impairment; • specific learning disability; • speech or language impairment; • traumatic brain injury; or • visual impairment (including blindness).

Age Requirements – services are required between the ages of 3 and 21. It is required to identify and evaluate children from birth to 21.

Services are available to all eligible students because of Part C!

Infants and Toddlers – part C of IDEA was passed in 1997. This amendment provides grants to states to provide services to children with disability birth through age 2.

Purpose was to enhance development to minimize their delay, reduce cost of later intensive interventions, minimize the likelihood of institutionalization, enhance the family’s ability to meet needs.

Amendments to the IDEA – numerous changes were made since the original EAHCA in 1975. Some were major, some were minor.

The IDEA Amendments of 1997

The individualized education program.

Discipling students in special education

The manifestation determination

Dispute resolution

Attorney’s fees

Special education and adult inmates

Charter Schools

The Individuals with Disabilities Improvement Act of 2004

The IEP

Changes in the IEP development process

Changes in the IEP document

Changes in the IEP modification Process

3-year IEPs

IEPs for Transfer Students

Disciplining Students in Special Educations

Manifestation determination

Behaviors that can lead to a 45-day disciplinary removal.

Stay-put provision.

Attorney’s Fees

Eligibility

Early Intervening Services

Highly Qualified Teachers

The Office of Special Education Programs (OSEP) is responsible for

Writing regulations that implement the IDEA.

Conducting many of the activities authorized by Part D of IDEA

Monitoring and enforcing the provisions of the law

Providing technical assistance to the states.

This was also a big step! Previously, it was difficult for SPED Laws to be enforced.