Under IDEA, students with disabilities are guaranteed several rights that ensure they receive a free and appropriate public education (FAPE). These rights include:

• Free Appropriate Public Education (FAPE): Every student with a disability is entitled to an education tailored to their individual needs at no cost to the family. This includes special education and related services.

• Individualized Education Program (IEP): Each student receives a personalized plan that outlines their unique needs, educational goals, services, and supports required to help them succeed.

• Least Restrictive Environment (LRE): IDEA emphasizes that students should be educated in a setting that allows them to participate in the general education curriculum to the greatest extent possible alongside peers without disabilities.

• Procedural Safeguards: Parents and students are guaranteed certain protections to ensure their rights are upheld, including the right to be involved in decision-making, to consent to evaluations, and to dispute decisions through mediation or due process hearings.

• Non-discrimination: Schools cannot discriminate against students based on their disability and must provide accommodations to ensure equal access to education.

2. How IDEA Ensures Access to Appropriate Education and Related Services

IDEA mandates that schools must provide an individualized approach to education, ensuring that students with disabilities have access to necessary services. Key provisions include:

• Comprehensive Evaluations: Schools must conduct thorough assessments to determine the student’s educational needs and eligibility for special education services.

• Related Services: In addition to academic support, IDEA ensures that students receive any additional services they need to succeed, such as speech therapy, physical therapy, counseling, and transportation.

• Access to the General Curriculum: IDEA emphasizes that students with disabilities should have access to the same curriculum as their non-disabled peers, with appropriate accommodations and modifications to meet their needs.

3. Implications of IDEA for Inclusion and Least Restrictive Environment (LRE)

IDEA’s focus on inclusion and LRE has significant implications for how students with disabilities are educated:

• Inclusion: IDEA promotes the inclusion of students with disabilities in general education classrooms whenever possible. This ensures they have access to the same learning experiences as their peers, fostering social integration and reducing stigmatization.

• LRE: The law requires that students be placed in an educational setting that meets their needs while being as close to the general education setting as possible. This means that students are only placed in separate or specialized classrooms when their needs cannot be met in a regular classroom, even with supports.

• Supports in General Education: Schools must provide accommodations (like assistive technology, modified materials, or additional staff support) to help students succeed in the general education setting.

• Inclusion and Collaboration: The law encourages collaboration between general education and special education teachers to design and implement teaching strategies that benefit all students, promoting a more inclusive school environment.

Bateman, B. D., & Cline, J. L. (2016). A teacher’s guide to special education. ASCD.

Friend, M. (2018). Inclusion: Schools for all students. In J. M. Kauffman & D. P. Hallahan (Eds.), Handbook of special education (2nd ed., pp. 249-265). Routledge.

Individuals with Disabilities Education Act, 20 U.S.C. § 1400 (2004).
https://sites.ed.gov/idea/

Turnbull, H. R., Stowe, M. J., & Huerta, N. E. (2007). Free appropriate public education: The law and children with disabilities (7th ed.). Love Publishing Company.

Yell, M. L., Shriner, J. G., & Katsiyannis, A. (2020). The Individuals with Disabilities Education Act (IDEA): Overview, recent issues, and future directions. Education and Treatment of Children, 43(4), 417-432.
https://doi.org/10.1007/s43494-020-00041-2

Before IDEA, Children with disabilities were often segregated or warehoused in state institution with no guarantee of proper assessments or schooling.  Some states specifically barred those with certain disabilities from attending regular schools, including those who were deaf or blind. In IDEA terminology, schools must provide a FAPE in the LRE. Which require school to avoid unnecessarily separating children from with disabilities from their peers in nonacademic settings.

Customized plan:

The IEP, a written documents specifying the services that an LEA will provide, is “primary vehicle” for making sure children with disabilities receive a FARE. IEP ensure that the educational intervention individuals with disability receive are need their unique needs.

Parents Participation & Procedural Safeguards:

The Act emphasize that parents are equal members of the IEP team along with the school staff. At the same time, IDEA provide protections for students with disabilities, including safeguarding discrimination and procedures for resolving disputes between parents and schools.

General classroom teachers need to acquire skills and strategies for managing classrooms with students who have IEP, and contribute to the development of these IEPs. Special educators, on the other hand, must collaborate with various professionals and parents to develop and implement IEPs, ensuring that they are executed effectively.

Schools:

Schools must provide a FAPE to students with an IEP, ensuring that these students are educated in the LRE to the greatest extent possible. Additionally, schools are responsible for identifying and evaluating students who may have disabilities under the 13 categories defined by IDEA.

Schools are also responsible for implementing the special education adaptations outlined in each student's IEP. They must provide professional development training for both general and special education teachers to support an inclusive learning environment.

Families:

Parents and caregivers should actively advocate for their children. They need to understand their rights under IDEA, which include requesting evaluations, attending meetings, participating in decision-making processes, and monitoring their child’s progress.

What are common challenges in special education related to IDEA?

Insufficient IEPs- This occurs when a student's IEP doesn’t provide the services or support they need. Sometimes an IEP is written for a student in a general education setting that only addresses a few goals or even “dumbs down” the material. Some plans don’t explain the strategies for data collection, criteria, or timelines. Other times, parents have limited input.

Lack of communication- IEP’s are best effective when parents have involvement in the process. Decision making processes should include communication with parents, having regular meetings, and involving them in decision making. Ongoing communication and collaboration between all members of the IEP is key to ensuring addressing any concerns and making sure it is meeting the needs of the student.

Inappropriate placement- Inappropriate placement occurs when a student is placed in an educational setting that does not meet their needs due to misclassification. Factors like category or severity of a disability, availability of space in a classroom, or the convenience of the administration should not depict a child’s placement. The law states that children with disabilities must be placed in the Least Restrictive Environment to access education. The IEP starts at the general education classroom being the least restrictive environment and through data collection, assessments, and observation, and supplementary aids and services the student needs to remain in that setting.

Limited funding for resources-Limited state and federal funding has impacted special education programs and services. Often, states place a limit on the number of students that can be identified as eligible for special education services. This is called a Flat Cap. Some states have reimbursement caps in which a state only reimburses a certain percentage of their special education expenses. The federal government is only providing 13% of funding to special education, ⅓ short of the 40% they committed to. Often, schools are using general education money to fund special education.

Limited access to assistive technology-Some are unaware about what assistive technology can offer people with disabilities. Under the IDEA act it states that whenever the IEP team meets, they are required to consider if the child needs assistive technology services. AT devices can help children develop important skills and abilities. Some barriers that limit accessibility to AT devices include access to AT resources, staff knowledge, shortage of a qualified assistive technology specialist to train the child, parents, teachers, and other professionals, and the high cost of some AT equipment.

Disproportionality- Many students of color and ELL students have been misidentified and misplaced, impacting the type of services received or not received.Some educators judge students based on their race and ethnicity before even fully understanding their disability. Students of color are more than likely to be placed outside of the general education setting even when they don’t need it, perpetuating segregation and not being placed in least restrictive environments. 

• How can IDEA be used to address issues such as appropriate placement, individualized instruction, and parental involvement?

The IDEA act states that an IEP must be developed and implemented for every child who is in need of special education services. IDEA also states that parents must be an active participant of the process and should ask questions and advocate for their child’s needs and services.

Under IDEA, a child with a disability must be placed in their least restrictive environment. The placement decision must include all members of the IEP including parents, teachers, related service providers, etc., and they must understand evaluation data and placement options.

The IDEA act guarantees children with disabilities access to individualized instruction which is outlined in the student's IEP. IEP’s are written to be tailored to each child with measurable goals, services in the least restrictive environment based on data and observations, and are regularly reviewed and revised. 

Resources

Alvarez, Brenda. (2024, April 16). Disproportionality in Special Education Fueled by Implicit Bias. https://www.nea.org/nea-today/all-news-articles/disproportionality-special-education-fueled-implicit-bias#:~:text=Placement:%20Students%20of%20color%20with%20disabilities%20are,more%20restrictive%20learning%20environments%20and%20perpetuates%20segregation.

Speech Improvement Center. (2024). Frequently Occurring IEP Mistakes to Avoid. https://www.speechimprovementcenter.com/frequently-occurring-iep-mistakes/

Diament, Michelle. (2024, January 25). ED Department Warns Schools Not to Overlook Assistive Technology in IEP’s. https://www.disabilityscoop.com/2024/01/25/ed-department-warns-schools-not-to-overlook-assistive-technology-in-ieps/30714/

Undivided Resources. (2024, May 22). Least Restrictive Environments and Placement Options in an IEP. https://undivided.io/resources/least-restrictive-environment-and-placement-options-in-an-iep-124

Parker, Emily. (2019, March 27) Five Ways That States Limit Special Education Spending. https://www.ecs.org/five-ways-that-states-limit-special-education-spending/

Griffith, Michael. (2015, March). A Look at Funding for Students with Disabilities. https://www.ecs.org/clearinghouse/01/17/72/11772.pdf

Helpful Tip: The Youtube video above explains IDEA in 5 minutes!

The Six Pillars of IDEA

Key to the legislation are six pillars that ensure a child’s education needs and progress are met with:

1. Individualized Education Program (IEP). The roadmap of the student’s educational program. It is designed to meet the child’s unique educational needs as determined by parents, educators and others who can assist in designing an appropriate course of study.

2. Free Appropriate Public Education (FAPE). Assurance that the student, regardless of disability, receives the same general education as his peers.

3. Least Restrictive Environment (LRE). Integrating special needs students into regular classrooms to the maximum extent possible.

4. Appropriate Evaluation. Evaluation standards that ensure the student is placed correctly, his/her progress assessed at regular intervals and receives additional help as needed.

5. Parent and Teacher Participation. Regular, consistent and cooperative communication between parents and educators, with an eye towards student progress and growth.

6. Procedural Safeguards. Parents understanding their rights and responsibilities and the mechanisms by which they may review progress, be involved and mediate disputes.

Part B vs. Part C

IDEA is comprised of two main parts:

• Part B is for children and youths ages 3-21, assisting with special education and related services.

• Part C serves infants and toddlers through age 2 with developmental delays or who have diagnosed physical or mental conditions with a high probability of resulting developmental delays. Part C is designed to help families receive early intervention services.

Sources:

• Oklahoma Parents Center. (2013, July). Six Principles of IDEA. [Online] Retrieved September 17, 2024, from https://oklahomaparentscenter.org/wp-content/uploads/2013/07/Super-6-6-Principles-of-IDEA.pdf

• U.S. Department of Education. (n.d.). Individuals with Disabilities Education Act (IDEA) Regulations. [Online] Retrieved September 17, 2024, from https://sites.ed.gov/idea/regs/b/a/300.8

• Prentrom. (n.d.). The Individuals With Disabilities Education Act (IDEA).

  [Online] Retrieved September 17, 2024, from https://www.prentrom.com/caregivers/the-individuals-with-disabilities-education-act-idea

IDEA defines a disability as a condition that adversely affects a child's education, such as:

• Specific Learning Disabilities: Difficulties in understanding or using written or spoken language.

• Autism Spectrum Disorder (ASD): A developmental disorder that affects communication, social interaction, and behavior.

• Intellectual Disability: Significant limitations in intellectual functioning and adaptive behavior.

• Emotional Disturbance: A condition that interferes with a child's ability to learn or relate to others.

• Multiple Disabilities: A combination of disabilities that significantly affects a child's educational performance.

• Orthopedic Impairment: A physical disability that affects a child's mobility.

• Other Health Impairments: A chronic or acute health condition that adversely affects a child's education.

• Hearing Impairment: A loss of hearing that adversely affects a child's education.

• Visual Impairment: A loss of vision that adversely affects a child's education.

• Speech or Language Impairment: A communication disorder that adversely affects a child's education.

Source:

U.S. Department of Education. (n.d.). Individuals with Disabilities Education Act. [Online] Retrieved September 17,2024, from https://sites.ed.gov/idea/regs/b/a/300.8

Procedural Safeguards:

• Written documents explaining the rules and your rights.

• Parent Participation in IEP Decisions: You have the right to be involved in creating and reviewing your child's Individualized Education Program (IEP).

• Parental Consent: You must give your informed written consent before your child's initial assessment and before special education services begin.

• Prior Written Notice: The school must notify you in writing before certain actions like evaluations or changes to placement.

• Assessment: Your child's assessment must follow specific procedures and you have the right to be informed.

• Independent Educational Evaluation (IEE): You have the right to get an independent evaluation of your child at your own expense.

• Access to Educational Records: You have the right to review your child's school records.

• Surrogate Parent Appointment: If a parent is unavailable, the school district must appoint someone to represent the child.

Dispute Resolution:

• If you disagree with a school decision regarding your child's special education, you have options for resolving the dispute:

  • Informal options: These are often free and less formal, such as mediation.

  • Due Process Hearing: This is a formal legal step that may involve attorney fees.

School Discipline and Students with IEPs:

• Discipline rules apply to all students, but students with IEPs have additional rights.

• The IEP team can decide if your child needs additional support related to behavior.

• A "Manifestation Determination" meeting is held if your child faces disciplinary actions. This meeting determines if the behavior was caused by the disability.

Private Schools and FAPE:

• School districts offer a Free Appropriate Public Education (FAPE) to students with disabilities in public schools.

• If your child attends a private school, the district is not required to provide special education services there, but they must offer FAPE in their public school setting.

Source:

Center for Parent Information and Resources. (n.d.). Parental Rights. [Online] Retrieved September 17, 2024, from https://www.parentcenterhub.org/parental-rights/

Current Performance:

• Present Level of Performance (PLOP): Describes the child's academic achievement, functional performance, and how their disability affects their involvement and progress in the classroom.  

Goals:

• Specific, measurable goals that address the child's academic and functional needs.

Assessment:

• Determines whether the child will participate in state and county testing and identifies any necessary modifications.

Services:

• Needs and accommodations: Supports the child requires to be successful in the classroom.

• Supplementary services: Specialized services delivered by professionals.

Transition:

• Transition plan for life after high school, including needs, strengths, preferences, and interests.

Behavior Intervention Plan (BIP) and Functional Behavior Assessment (FBA):

• If the child exhibits behavior that impedes their own learning or that of others.

• FBA: Examines the behavior to identify its cause and consequence.

• BIP: Function-based treatment plan to address the undesired behavior.

Placement:

• General Education: Mainstream classroom with peers.

• Special Education: Part-time in a smaller setting, often the Resource Room.

• Self-Contained Classroom: Small, controlled setting with a special education teacher.

• Out-of-District Placement: Specialized school designed to address the child's needs.

Source:

Organization for Autism Research. (n.d.). The Components of an Individualized Education Program. [Online] Retrieved September 17, 2024, from https://researchautism.org/blog/the-components-of-an-iep/

The overall objectives of IDEA are to:

• Ensure that children with disabilities receive a free and appropriate public education.

• Improve educational outcomes for children with disabilities.

• Reduce the number of children with disabilities who drop out of school.

• Prepare children with disabilities for employment and independent living.

How IDEA Aims to Improve Educational Outcomes?

IDEA aims to improve educational outcomes for students with disabilities by:

• Providing early intervention services to children with disabilities.

• Ensuring that students with disabilities are educated in the least restrictive environment possible.

• Developing individualized education programs that address the unique needs of each student.

• Providing procedural safeguards to protect the rights of students with disabilities.

  
  

Therefore the key principles underlying IDEA are:

• FAPE: All children with disabilities, regardless of the severity of their disability, are entitled to a FAPE.

• Least Restrictive Environment: Children with disabilities should be educated in settings that are as close to general education classrooms as appropriate.

• Individualized Education Program (IEP): Each child with a disability must have an IEP that outlines their educational needs and goals.

• Parent Participation: Parents are involved in the development and implementation of their child's IEP.

• Procedural Safeguards: IDEA provides families with procedural safeguards to protect the rights of their children.

Source:

• Oklahoma Parents Center. (2013, July). Six Principles of IDEA. [Online] Retrieved September 17, 2024, from https://oklahomaparentscenter.org/wp-content/uploads/2013/07/Super-6-6-Principles-of-IDEA.pdf

• U.S. Department of Education. (n.d.). Individuals with Disabilities Education Act (IDEA) Regulations. [Online] Retrieved September 17, 2024, from https://sites.ed.gov/idea/regs/b/a/300.8

o    How can educators, schools, and families work together to ensure that students with disabilities receive a high-quality education

If You Are a Special Education Teacher

 As a special education teacher, recognizing and dealing with the challenges of high workload, low pay and lack of recognition that come with the job is crucial.

1.      Gain and understanding of challenges which can better equip you to face them head-on.

2.      Remember, you are not alone – many other special education teachers are dealing with the same issues.

3.       Don’t be afraid to reach out for help when you need it.

4.       Keep fighting for your students- remember your purpose and passion

Schools should try to create a family-centered practice in your work with families of children with special needs

1.      Recognizing the family as a constant in the child’s life; caregivers and service systems may often change

2.      Facilitating collaboration between families and professionals

3.      Honoring and respecting family diversity in all dimensions (cultural, racial, ethnic, linguistic, spiritual, and socioeconomic)

4.      Recognizing family strengths and the different approaches that families may use to cope

5.      Sharing unbiased and honest information with family members on an ongoing basis

6.      Encouraging family-to-family support and networking

7.      Acknowledging and incorporating the developmental needs of the child and other family members into your practice

8.      Designing and implementing services that are accessible, culturally and linguistically respectful and responsive, flexible, and based on family-identified needs (Virtual lab School, 2019)

Shortage of special education teachers is a challenge to the policies set out in IDEA

1.      Professional Development: Providing more professional development opportunities for special education teachers can help them stay up-to-date with new trends and best practices.

2.      Administrative Support: Increasing the level of support from school administration, including providing more resources and recognizing the unique challenges special education teachers face.

3.      Improved Compensation: Increasing the pay and recognition of special education teachers can help attract new teachers to the field and retain those who are already working in it.

Mentoring - It is therefore crucial that new special education teachers  receive the necessary support and mentorship in order for them to show up to work and thrive.

Virtual Lab School. (2019). Working With Families of Children With Special Needs. Virtuallabschool.org. https://www.virtuallabschool.org/preschool/family-engagement/lesson-4

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Lisa Hyacinth-Logie

Scenario 1: Student with hearing impairment attends school assembly where guest speaker will be sharing a video to enhance her talk.

Proposed solution

Ensure sign language interpreter is present for the assembly.

If available with the video, turn on closed caption so student can read.

Follow up with aide for evidence of student's understanding.

Provide literature, videos, pictures etc. to promote understanding.

Scenario 2: Learning disability student with fine motor challenges is having problems and complains of pain in their hands when trying to write noted

Proposed solutions

Ensure access to appropriate learning aids, voice

Aide or peer could assist with note taking

Refer to occupational therapist for exercises for fine motor challenges.

Extended time or activities