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IDEA, or the Individuals with Disabilities Education Act (20 U.S.C. § 1401) affirms the right to equal education for people with disabilities.

As an elementary school teacher and future guidance counselor, meeting IDEA requirements, being aware of IDEA beast practices, and discussing IDEA concerns is particularly important to my profession and the students I serve as an educator.

This guide is made for educators to reference and disseminate to others who would like a straightforward overview of IDEA, its impact on teachers and students, and its potential future.

Reference:
Individuals with Disabilities Education Act, 20 U.S.C. § 1401 (2015)

photo: U.S. Department of Education

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Slide#2: IDEA in Daily Life: A Teacher Interview

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Slide#2: IDEA in Daily Life: A Teacher Interview

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IDEA's impact can be felt in elementary education on a daily basis, as the provision requires a  free appropriate public education, or FAPE (20 U.S.C. § 1401, Sec. 300.17 ), which often means inclusion in the same classroom as other students.

Elementary school teachers and administrators are required to assist with or be aware of Individualized Education Programs (Kessler, 2019), assure special accommodations such as technology are provided (20 U.S.C. § 1401, Sec. 300.105), and consider the disability in the face of student misbehavior (Center for Parent Information & Resources, 2019).

Kathryn Davis, a 2nd grade teacher and former special education teacher at Old Settlers Elementary in Lewisville, Texas, has extensive experience with IDEA concerns.

"The difficult piece is the minutes in inclusion, the paperwork, the time in my classroom, the accommodations all being met, etc., and having to do this more than 10 students," Davis said.

According to Davis, the legalities of IDEA can impact classroom learning. For instance, if a student is frustrated with the general education requirement of IDEA  (20 U.S.C. § 1401, Sec. 300.116), the child's IEP must be modified. This involves a lengthy process.

"I can go throughout the day and make sure a student is getting their time within the general education classroom, but that may not be appropriate for that student.  It impacts my work because issues like this can trigger a student with frustration.  This starts my student back a square one and the academics part is not even a concern," Davis said.

There are best practices for IDEA that Davis mentions as part of complying with the law:

1) Teachers must assure a student is receiving proper general education requirements as detailed in their IEP:

"Every day you have to make sure that each of your students are getting the minutes they are legally bound to get," Davis said.

2) According to Davis, students must get "all of the accommodations" required for their education on a daily basis.

3) A teacher is responsible for "documenting goals and progress" and "all behavior aspects."

"These are four of the most important legal requirements when teaching a behavior classroom. You have got to monitor this all day/every day. You can become out of compliance so quickly," Davis said.

One example of best practices was when Davis herself had to advocate for a student.

"I recently had a student within my general education classroom, that I felt would thrive more in a smaller setting classroom.  Being a former behavior intervention classroom teacher, I knew the benefits for students that needed this type of setting. I became an advocate for this student because he needed a more in-depth education and one-on-one than I could provide. Referring to IDEA and inclusion, I also...wanted him to be in the least restrictive environment as much as possible. We were able to create a plan with his inclusion minutes and accommodations that are both required and closely watched by our district, in order to best serve the student.  The student is currently thriving and is absolutely getting a free appropriate public education that is tailored to his individual needs!"

According to Davis, changes in Texas or federal law could impact her work in a daily basis.

"There are more court cases concerning students with special needs more often than we think.  These cases often happen because of specific situations within their district or campus."

One such case was in 2018, when the U.S. Department of Education found the state of Texas had been violating IDEA.  Texas  implemented a cap on the number of disabled students allowed in schools to 8.5% of the total population (Isensee, 2019) . The state has moved to remedy the issue, however, compared to the national average of 14% disabled students, Texas is still far behind at 9.7% (Isensee, 2019).

References:

Center for Parent Information & Resources. (2017, September 17).

IDEA’s regulations on discipline. Retrieved from https://www.parentcenterhub.org/disciplineregs/

Individuals with Disabilities Education Act, 20 U.S.C. § 1401 (2015)

Isensee, L. (2019, November 15).

Texas students still fighting for special education despite federal order to fix services. Retrieved from https://www.kut.org/post/texas-students-still-fighting-special-education-despite-federal-order-fix-services

Kessler, E. (2019).

IDEA and the IEP Process. Retrieved from https://www.smartkidswithld.org/getting-help/know-your-childs-rights/idea-iep-process/

photo: KUT 90.5

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Slide #3: TCTA: A Resource for Professionals

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Slide #3: TCTA: A Resource for Professionals

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1. The Texas Classroom Teachers Association (TCTA) provides an overview of IDEA best practices and rules on its website and in the organization's  annual Survival Guide of rules and regulations for educators.

2. TCTA's online information guide on IDEA summarizes the law and its various elements, including eligibility, IEP requirements, and links to other state and federal  resources and information.

3.  The organization further provides a special education page with extensive information and resources, including the latest special education updates from the Texas Education Agency.  These links include a federal Office of Special Education Programs  Tool Kit for working with students with disabilities.

References:

Office of Special Education Programs. (2019). IDEAs that work. Retrieved from https://osepideasthatwork.org/

Texas Classroom Teachers Association. (2019, October 2).

Individuals with Disabilities Education Act (IDEA). Retrieved from https://tcta.org/node/11502-individuals_with_disabilities_education_act_idea

Texas Classroom Teachers Association. (2019). Special Education. Retrieved from https://tcta.org/teacher_resources/students/special_education

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Citation: Swaby, A. (2019, April 5).

Texas estimates it may owe feds $223 million after illegally decreasing special education funding. Retrieved from https://www.texastribune.org/2019/04/05/texas-estimates-it-may-owe-feds-223-million-special-education-funding/

Article Summary:

The state of Texas might owe the federal government $233 million for failing to sufficiently provide special education services.

Texas doled its special education funds out depending on students' needs. Schools providing for students with greater needs received more funding and vise versa.

A federal judge stated this "creates a perverse incentive for a state to escape its financial obligations merely by minimizing the special education needs of it students" (Swaby, 2019).

Disability advocates are calling for the state to make up the impending shortfall of federal funds with state funds so that disability services are not interrupted as a result of funding gaps on the local level.

photo: The Texas Tribune

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Citation: Ujifusa, A. (2019, December 4).

Parents report obstacles in filing special education complaints, watchdog says. Retrieved from http://blogs.edweek.org/edweek/campaign-k-12/2019/12/parents-special-education-complaints-obstacles.html

Article Summary:

A federal report on five states - Massachusetts, Michigan, New Jersey, Ohio, and Pennsylvania - found parents in wealthier, less diverse school districts were more likely to settle disputes regarding special education services.

However, there were more complaints lodged in more diverse school districts.

The Government Accountability Office study found some barriers to disputes include ability to take time off from work, internet access to conduct thorough research and search for resources, and language barriers.

Disputes covered in the study included mediation requests for IDEA-related issues, due process hearing requests, and complaints against states for not meeting IDEA requirements.

According to  Rep. Bobby Scott, D-Va: "The data clearly show that the civil rights protections provided under the Individuals with Disabilities Education Act (IDEA) are not equally accessible to all students."

photo: Government Accountability Office

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Individuals with Disabilities Education Act, 20 U.S.C. § 1401 (2015)

Source of Law:  Statutory law

Full text: https://sites.ed.gov/idea/statute-chapter-33

Law summary:

IDEA provides “a free appropriate public education to eligible children with disabilities throughout the nation and ensures special education and related services to those children” (20 U.S.C. § 1401). IDEA also provides formula grants to states for use in public education and discretionary grants research to state agencies, higher education institutions, and non-profit organizations.

To receive IDEA grants, "states agree to provide a free appropriate public education (FAPE; i.e., specially designed instruction provided at no cost to the parents that meets the needs of a child with a disability) to every eligible child" (Congressional Research Service, 2019).

The funding covers resources states need to abide by IDEA, and this funding is divided into three parts:

Subpart 1: Funding for personnel development and hiring, which can include special education teachers, early development specialists, and training for educators and administrators.

Subpart 2: Research funding for state and local education agencies, institutes of higher education, and non-profit organizations.

Subpart 3: Grants for non-profit organizations that educate and train parents and grants for technology research and development.

Reference:

Congressional Research Service. (2019, August 29).  The Individuals with Disabilities Education Act (IDEA) funding: A primer. Retrieved from https://fas.org/sgp/crs/misc/R44624.pdf

Individuals with Disabilities Education Act, 20 U.S.C. § 1401 (2015)

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Slide #7: Special Education Laws: The Cedar Rapids Community School Dist. v. Garret F.

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Slide #7: Special Education Laws: The Cedar Rapids Community School Dist. v. Garret F.

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The Cedar Rapids Community School Dist. v. Garret F., 526 U.S. 66 (1999)

Source of Law: Judicial law

Full text: https://www.justice.gov/osg/brief/cedar-rapids-community-sch-dist-v-garret-f-amicus-merits

Law summary:

Garret F. was a student in Cedar Rapids, Iowa who required the assistance of a ventilator as a result of  a spinal cord injury when he was four years old. Form kindergarten to 4th grade, Garret F.’s mother provided him with a health care aide throughout the school day. The aide assisted Garret F. with “urinary catheterization, suctioning of his tracheostomy tube, and observation for respiratory distress” (Osborne, 2019). When Garret F. entered 5th grade, his mother requested the school district provide a nurse, and the school district refused. The Supreme Court sided with Garret F.’s mother to foster further integration of disabled students into public schools.

Reference:

Osborne, A. G. (2019). Cedar Rapids Community School District v. Garret F. Retrieved from https://www.britannica.com/topic/Cedar-Rapids-Community-School-District-v-Garret-F

The Cedar Rapids Community School Dist. v. Garret F., 526 U.S. 66 (1999)

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Slide #8: Special Education Laws: Tex. Educ. Code § 30.001

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Slide #8: Special Education Laws: Tex. Educ. Code § 30.001

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Tex. Educ. Code. § 30.001

Source of Law: Statutory Law

Full text: https://statutes.capitol.texas.gov/SOTWDocs/ED/htm/ED.30.htm

Law Summary:

This law provides funding to Texas school districts for special ed services, including technology and transportation services. The law also requires that students who cannot benefit from public education be referred to other programs. These other programs include day or residential programs (PACER, 2019), private instruction (Child Mind Institute, 2019), or state-sponsored facilities (NYC Department of Education, 2019).

Reference:

Child Mind Institute. (2019).

How to work with your school district to get services. Retrieved from https://childmind.org/article/how-to-work-with-your-school-district-to-get-the-services-your-child-needs/

NYC Department of Education. (2019).

Special education in NYC. Retrieved from https://www.schools.nyc.gov/special-education/preschool-to-age-21/special-education-in-nyc

PACER. (2019).

Considering alternative placements. Retrieved from https://www.pacer.org/cmh/learning-center/education/considering-alternative-placements.asp

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Slide #9: Special Education Laws: 34 U.S.C. PART 104

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Slide #9: Special Education Laws: 34 U.S.C. PART 104

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34 U.S.C. PART 104

Source of Law: Statutory

Full text:
https://www2.ed.gov/policy/rights/reg/ocr/edlite-34cfr104.html

Law Summary:

The goal of Title 34 is to “eliminate discrimination on the basis of handicap in any program or activity receiving Federal financial assistance,” which includes special education.

The law contains requirements including accessibility (wheelchair ramps, technology, etc.), a free education, transportation assistance, and private school placement in lieu of public if necessary and at no cost.

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Slide #10: IDEA and Local Policy: Child Find

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Slide #10: IDEA and Local Policy: Child Find

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Lewisville ISD. (2019). Board Policy Manual, EHBAA (Legal)

- Special Education: Identification, Evaluation, and Eligibility

Source of Law: Administrative

Full text:
https://pol.tasb.org/Policy/Download/384?filename=EHBAA(LEGAL).html&title=SPECIAL%20EDUCATION&subtitle=IDENTIFICATION,%20EVALUATION,%20AND%20ELIGIBILITY

Policy Summary:

This policy from Lewisville Independent School District in Lewisville, Texas requires the school district to locate all students eligible for disability services. The Child Find program (Lewsiville ISD, 2019) includes homeless students, wards of the state, private school students, migrant students, and students who are suspected to have a disability.

References:

Lewisville ISD. (2019). Board Policy Manual, EHBAA (Legal)

- Special Education: Identification, Evaluation, and Eligibility

Lewisville ISD. (2019). Child Find. Retrieved from https://www.lisd.net/Page/21805

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National Education Association Code of Ethics, Principle I, 4

Full text: http://www.nea.org/home/30442.htm

According to the National Education Association's Code of Ethics, an educator "shall make reasonable effort to protect the student from conditions harmful to learning or to health and safety" (National Education Association Code of Ethics, Principle I, 4).

This is especially applicable to IDEA standards regarding evaluation and disability provisions (20 U.S.C. § 1401), since they are one way in which educators provide for conditions conducive to learning. For a disabled student, the wrong environment could prove harmful, and therefore, abiding by IDEA is integral to our code of ethics as educators.

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TeacherVision.com provides tools and strategies for teachers working toward a more inclusive classroom. The site provides classroom materials, learning guides for different  subjects, information on how to address and include special needs students, information on the types of disabilities, and other resources for educators seeking to enhance their teaching style while addressing disabilities in the classroom.

Link: https://www.teachervision.com/teaching-strategies/special-needs

Citation: Teacher Vision. (2019). Special Needs. Retrieved from https://www.teachervision.com/teaching-strategies/special-needs

photo: TeacherVision.com

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In summary, the following are some IDEA best practices for legal compliance:

Students with disabilities must learn in the least restrictive environment for their condition. This can entail providing accommodations or referring students to other sites.

Teachers must participate in a students Individual Education Plan (IEP) if required.

All behavior and progress of students must be documented.

Parental consent and participation is key. Parents must consent to evaluation and must know of their right to turn down further evaluation.

An educator must follow local laws regarding IDEA disputes

An educator must be aware of local policies for students with disabilities, including general education time required, the process for acquiring accommodations, and evaluation criteria (20 U.S.C. § 1401).