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UCP’s Education Channel provides resources for parents, teachers, and others involved in the education of students with disabilities and other special needs.

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Education

IDEA / Related Legislation

Individuals with Disabilities Education Act (IDEA)

By Susan Goodman, Esq. and Michelle Cook, Esq.

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

  1. 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.
  2. Remind school personnel of your support of proper implementation of your child's IEP and work cooperatively whenever possible.
  3. 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.
  4. 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).
  5. 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:

  1. You must be notified of any action the school is taking with respect to your child.
  2. 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.
  3. 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.
  4. You have the right to an expedited hearing if you disagree with any decision made by school personnel.
  5. 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.