Chapter 4: Individuals with Disabilities Education Improvement Act (IDEIA, commonly IDEA)
1. Laws that created/shaped IDEA
1.1. EAHCA Education for All Handicapped Children Act
1.1.1. 1975
1.1.2. Public Law 94-142
1.1.3. MAJOR building block for Special Education!
1.1.4. FAPE Free Appropriate Education
1.1.5. Effected ages 3-21
1.1.6. LRE Least Restricitve Environment
1.1.7. IEP Individualized Education Program
1.1.8. Parental Rights
1.2. Board of Education vs. Rowley
1.2.1. EAHCA doesn't require schools to provide services for students to reach full potential, good enough if they reach average standards
1.2.2. 1982
1.2.3. Ruled that FAPE doesn't require providing maximum possible benefit
1.3. Handicapped Children's Protection Act HCPA
1.3.1. 1986
1.3.2. Public Law 99-372
1.3.3. Amended EAHCA to allow parents to recieve attorney's fees, expenses, etc. under a lawsuit
1.3.4. IFSPS Individualized Family Service Plans
1.3.4.1. Early intervention programs
1.3.4.2. ages 0-3
1.3.4.3. "IEP" isn't enough help
1.4. EAHCA changes to IDEA
1.4.1. 1990
1.4.2. Amended the language/attitude to be more respectful and inclusive
1.4.3. Added Autism and Trraumatic Brain Injury to list of disabilities
1.4.4. Prioritize the person first, not the disability
1.4.4.1. ex: disabled person ->person with disabilities
1.5. IDEA Amendments
1.5.1. 1997
1.5.2. Children with disabilities recieve free appropriate education -. prepared for independent living and employment!
1.5.3. Increased access to curriculum
1.5.4. Reduced ED paperwork
1.5.5. Mandatory state and district assessments for students with disabilities
1.6. IDEA to IDEIA
1.6.1. 2004
1.6.2. Individuals with Disabilities Education Improvement Act of 2004
1.6.3. Added sections A-D
1.6.3.1. D-grants and funding
1.6.3.2. A-Administrative
1.6.3.3. B-ages 3-21 under Dept. of Education
1.6.3.4. C-ages 0-3 IFSP under Health and Human Resources
1.6.4. Added Title II to IDEA
1.6.5. Other amendments to IDEA
1.6.5.1. requires SPED services and IEP to be based on peer-reviewed research
1.6.5.2. Align more with NCLB Act
1.7. Endrew F. vs. Douglas County School District
1.7.1. 2017
1.7.2. Rejected former Rowley case, requiring IEP support/accomodations to go beyond "the minimal."
1.7.3. Support/accommodations must help student with disabilities make "meaningful progress"
1.7.4. Reinforced structure and importance of IEPs and FAPE
2. Personal Connections
2.1. IDEA Components
2.1.1. Section A
2.1.1.1. I can refer to this section when someone wants to know why the various processes and regulations of IDEA is neccesary
2.1.2. Section B
2.1.2.1. I will be using section B everyday in my career as a SPED teacher. I will work with children of various ages in school to help them learn, and develop their IEPs.
2.1.3. Section C
2.1.3.1. Being aware of this section as a SPED teacher is important, because I will be aware of the possible background my students have. I can also reference parents to the resources for children 0-3 if they are expecting another child who might have disabilities.
2.1.4. Section D
2.2. Laws that shaped IDEA
2.2.1. I think it would be helpful to understand the history of the development of Special Education. That way, I can explain exactly what changed and how in the 2020's we do things differently than in the 90's or 2000's.
2.2.2. I can also reference the helpful programs that came from the Statutory laws, as resources for families with low income or for those who want more information about options for their child.
2.3. The MTSS Process
2.3.1. This process is incredibly applicable to my SPED K-12 career. I will be involved as part of the MDT team for each of my students. I must be fully knowledgeable of the IEP,504, and MTSS process since I will be implementing students' plans on a daily basis. I will also be attending my students' IEP meetings and must be knowledgable to aswer questions and advocate for my students.
2.3.2. It is also important to keep in mind the important deadlines for the SPED assessment and determining eligibility. I can avoid potential conflict by adhering to the law, and help my student recieve the proper intervention they need as soon as possible.
3. Title I of IDEA
4. Title II of IDEA
4.1. Added in 2004 along with amendments
4.2. National Center on Special Education Research
5. Regulation of IDEA
5.1. Funding
5.1.1. As stated in section D of Title II
5.2. Monitoring/Enforcing
5.2.1. "Child Find" requirement to identify, locate, and evaluate all children with disabilities
5.2.2. Manifestation Determination
5.2.2.1. Conducted by the student's IEP team and other qualified professional personnel
5.2.2.2. Due process or file a state complaint
5.2.2.3. Rights each party has that the hearing:
5.2.2.3.1. Represented by council, present evidence, compell the attandance of a witness, examine and cross examine witnesses, prohibit the introduction of evidence not introduced 5 day prior to the hearing, obtain a written or electronic verbatim record of the hearing, and be provided with the written finding of fact by the hearing officer.
5.2.3. SEA State Education Agency
5.3. IDEA is managed by the Office of Special Education and Rehabilitative Services (OSERS), a specific department within the Department of Education
6. The 504 and IEP process
6.1. General screening (MTSS)
6.1.1. Student placed in tier 3, receives intensive intervention
6.1.1.1. Referral:
6.1.1.1.1. Student referred to MDT
6.1.1.1.2. Prior Written Notice
6.1.1.1.3. If prolonged concern/suspected disabilities, then refer to SPED
6.1.1.1.4. OR if parents ask for testing for SPED, despite teachers' opinion
6.1.2. RTI (Response to Intervention)
6.2. MDT
6.2.1. Multiple Disciplinary Team
6.2.1.1. Members
6.2.1.1.1. Principal
6.2.1.1.2. Parents
6.2.1.1.3. Primary Diagnostics
6.2.1.1.4. General ED Teacher
6.2.1.1.5. SPED Teacher
6.2.1.2. Applies to practically every step of the IEP and 504 proceess
6.3. MTSS: Involes the Tier 1-3 process with appropriate interventions
6.3.1. Tier 1: regular class
6.3.2. Tier 2: group/moderate intervention
6.3.3. Tier 3: Individual/intensive intervention
6.3.4. Does not require Prior Notice or Informed Consent to place student in a tier
6.3.5. "Multi-Tiered Support System"
6.3.6. Includes students with 504 plans: given accomodations, but not placed in SPED.
6.4. Prior Written Notice
6.4.1. Parents must recieve email/letter/etc. from school
6.4.2. Considered a legal document
6.4.3. Notifies parents about the proposed next step/action for their child, meeting times, etc.
6.4.4. If parent refuses to "show up" to the meetings, rest of MDT proves it, and get a "Surrogate parent" to represent the child
6.5. Informed Consent
6.5.1. The MDT/school must inform parents about meetings, plans, etc.
6.5.2. Where Informed Consent is required, the MDT must recieve consent from parents/guardians to continue
7. Section A
7.1. Administration
7.2. Definition of terms
7.3. Resoning and research findings behind IDEA
8. Section B
8.1. FAPE Free Appropriate Public Education
8.1.1. Public schools must provide enough accomodations/services to be deemed "appropriate" for the education of children with disabilities
8.1.2. No matter the cost to the school district, they must provide the resources/accomodations to help each child with disabilities, free of cost to the parents
8.2. Zero Reject
8.2.1. EVERY child is entitled to a free and apropriate public education, no matter the disability
8.3. Identification/Evaluation
8.3.1. The listed disabilities required to qualify for an IEP
8.3.2. Autism, Deaf-Blindness, Deafness, Emotional Disturbance, Hearing Impairment, Intellectual Disability, Multiple Disabilities, Orthopedic Impairment, Other health impairment, specific learning disabilitiy, speech or language impairmant, Traumatic brain injury, and Visual impairment
8.3.3. Autism and Tramautic Brain Injury added in 19990
8.3.4. "Child Find" requirement to identify, locate, and evaluate all children with disabilities
8.3.4.1. doesn't matter severity of disability
8.4. LRE Least Restrictive Environment
8.4.1. Students recieve ED with Gen Ed students as much as it is beneficial
8.4.2. Looks different for each child with disability and thier unique circumstance
8.4.3. Different possibilities include: SPED classroom, General ED classroom, pulled out for Learning Resources/interventions, one-on-one with paraprofessional, etc.
8.5. IEP Individualized Education Program
8.5.1. schools evaluate student's progress and create personalized plan with parent's input
8.5.1.1. MTSS
8.6. Procedural Safeguards
8.6.1. Parental consent, Access to educational records, Participation in meetings, Prior written notice before changes are made, The right to dispute decisions
8.7. Technological Assistance
8.8. Personnel Development
8.9. Parent Participation
8.9.1. parents have right to dispute decisions made about their children's education
8.9.2. Right to obtain independent evaluation at the public's expense
8.9.3. Participants in meetings, review evaluation results, give and deny consent
8.10. Ages 3-21
9. Section C
9.1. Ages 0-3
9.2. Early Intervention
9.2.1. IFSP Individualized Family Service Plan
9.2.1.1. written document outlining the early intervention services for the child
9.2.1.2. basically a type of IEP for infants and toddlers
9.2.1.3. reevaluated every 6 months
9.2.1.4. examples of services include:
9.2.1.4.1. Family training, counseling, home visits, speech pathology, occupational therapy, physical therapy, psychological services, case management services, medical services, health services, social work services, vision services, assistive technology, transportation
9.3. Child does not need to have a disability, only show possibility of having one
9.4. "Child Find" requirement to identify, locate, and evaluate all children with disabilities
9.4.1. doesn't matter severity of potential disability
10. Section D
10.1. State Personnel Development Grants
10.1.1. Some funds have a limited basis
10.1.1.1. when the time expires, Congress has to re-authorize the funding
10.2. Federal support for:
10.2.1. educational programs and activities related to Special Education