6 STEPS of IDEA

6 Steps of IDEA                       SPED 429 Spring 2017                  

  1.   Zero Reject

     Any and all children with a disability have a right to an education.  “No child, from birth to 21 years, shall be denied the benefits of an education on the basis of a disabling condition.” (Carter & Glaeser, PP Slide 35).  In Timothy W. v. Rochester School District, 1988 (PP Slide 41) “ The court noted that the language of IDEA makes clear a zero reject policy, and thus Timothy W. could not be classified “ineducable”.”

     According to the Heward,  (p.19-21) “Schools must educate all children with disabilities. This principle applies regardless of the nature or severity of the disability; no child with disabilities may be excluded from a public education. The requirement to provide special education to all students with disabilities is absolute between the ages of 6 and 17. If a state provides educational services to children without disabilities between the ages of 3 to 5 and 18 to 21, it must also educate all children with disabilities in those age groups. Each state education agency is responsible for locating, identifying, and evaluating all children, from birth to age 21, residing in the state with disabilities or who are suspected of having disabilities. This requirement is called the child find system.” 

2.  Free and Appropriate Education (FAPE)

    “All students with a disability have the right to a free education.” (Carter & Glaeser, PP Slide 33)

    “All children with disabilities, regardless of the type or severity of their disability, shall receive a free, appropriate public education. This education must be provided at public expense—that is, without cost to the child’s parents. An individualized education program (IEP) must be developed and implemented to meet the unique needs of each student with a disability. The IEP specifies the child’s unique educational needs, states present levels of performance, identifies measurable annual goals and short-term objectives, and describes the specific special education and related services that will be provided to help the child attain those goals and benefit from education.” (Heward, p.19-21)

3.  Non Discriminatory Evaluation

“Materials and procedures used for evaluating and placing children with disabilities must be free from radical or cultural discrimination.” (Carter & Glaeser, PP Slide 33)  “IDEA requires that all state and local education agencies must establish procedures to ensure that testing and examination materials and procedures used for evaluating and placing children with disabilities are selected and tested in a manner that is not racially or culturally discriminatory.”  (Carter & Glaeser, PP Slide 44)

“ Nondiscriminatory Identification and Evaluation. Schools must use nonbiased, multifactored methods of evaluation to determine whether a child has a disability and, if so, whether special education is needed. Testing and evaluation procedures must not discriminate on the basis of race, culture, or native language. All tests must be administered in the child’s native language, and identification and placement decisions cannot be made on the basis of a single test score. These provisions of IDEA are known as protection in evaluation procedures.” (Heward, p. 19-21)

4.  Least Restrictive Environment (LRE)

“Students aged 3-21 with disabilities must be educated with students without disabilities.” (Carter & Glaeser, PP slide 33).

“All children with disabilities, regardless of the type or severity of their disability, shall receive a free, appropriate public education. This education must be provided at public expense—that is, without cost to the child’s parents. An individualized education program (IEP) must be developed and implemented to meet the unique needs of each student with a disability. The IEP specifies the child’s unique educational needs, states present levels of performance, identifies measurable annual goals and short-term objectives, and describes the specific special education and related services that will be provided to help the child attain those goals and benefit from education.” (Heward, p. 19-21)

5.  Parent Participation

“ Parents shall have the right to be a part of all decisions regarding their child with disabilities (Carter & Glaeser, PP Slide 34).

“IDEA mandates that students with disabilities be educated with children without disabilities to the maximum extent appropriate and that students with disabilities be removed to separate classes or schools only when the nature or severity of their disabilities is such that they cannot receive an appropriate education in a general education classroom with supplementary aids and services. IDEA creates a presumption in favor of inclusion in the regular classroom by requiring that a student’s IEP contain a justification and explanation of the extent, if any, to which a child will not participate with nondisabled peers in the general academic curriculum, extracurricular activities, and other nonacademic activities (e.g., lunch, recess, transportation, dances). To ensure that each student with disabilities is educated in the least restrictive environment appropriate for her needs, school districts must provide a continuum of placement and service alternatives.”  (Heward, p. 19-21)

6.  Due Process

“Children with disabilities and their families are provided specific due process with regards to special education.” (Carter & Glaeser, PP Slide 34)

“Schools must provide due process safeguards to protect the rights of children with disabilities and their parents. Parental consent must be obtained for initial and all subsequent evaluations and placement decisions regarding special education. Schools must maintain the confidentiality of all records pertaining to a child with disabilities and make those records available to the parents. When parents of a child with disabilities disagree with the results of an evaluation performed by the school, they can obtain an independent evaluation at public expense. When the school and parents disagree on the identification, evaluation, placement, or provision of a free, appropriate public education and related services for the child, the parents may request a due process hearing. States are also required to offer parents an opportunity to resolve the matter through mediation by a third party before holding a due process hearing. Parents have the right to attorney’s fees if they prevail in due process or judicial proceedings under IDEA.” (Heward p. 19-21)

References:

Carter, J., & Glaeser, B., History Of Special Education Law, CSUF SPED 429 PowerPoint

Heward, W. L., (2013) Six Major Principles of IDEA, Exceptional Children An Introduction To Special Education, Excerpt from 2006, P. 19-21.https://www.education.com/reference/article/six-major-principles-idea/

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Kat. K. M. M.Ed

Author of: How to Feel and Understand Love Attraction Send Love...the unseen realm needs love too! Carcassonne - Oracle at Delphi - Romantic Love Heals Magi of Genghis Kahn Love attraction Oracle Cards Love is evolving and my own love relationships are evolving. My art is evolving. My healing work is evolving.

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