Breaking Down the IDEA

 

SIX PRINCIPLES OF IDEA: THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT

The Individuals with Disabilities Education Act (IDEA) is a federal law that created rules and guidelines for special education. The law gives eligible children with disabilities rights to the specially designed instruction and individualized services and supports they need to benefit from public education.

• PRINCIPLE 1: FREE APPROPRIATE PUBLIC EDUCATION (FAPE)
• FAPE is required by IDEA law to all eligible children with disabilities
• The IEP documents how the school will assist a child with disabilities (academics, related services, placement, type of classroom, how often, testing, accommodations, modifications).
• PRINCIPLE 2: APPROPRIATE EVALUATION
• Evaluations used to determine:
• A child has a disability according to IDEA definition
• The educational needs of the student
• Free to the family of a child with disabilities.
• Evaluations for children with disabilities should include
• Parents’ consent for evaluation and for services for all areas of suspected disability.
• Knowledgeable personnel in all areas must perform a thorough evaluation within 60 days of parent consent
• Re-evaluation should be conducted at least every 3 years. Re-evaluations can be more or less with an agreement with the IEP team.
• Independent evaluation at the public expense can be performed if parents disagree with the school’s evaluation.
• Parents have the option to conduct an independent evaluation at their own expense. The IEP team can consider any recommendations from outside sources but are not required to follow the recommendations.
• PRINCIPLE 3: INDIVIDUALIZED EDUCATION PROGRAM (IEP)
• An IEP is a legal document developed for each child with a disability, reviewed and revised at least once a year by an IEP team including educators, parents, the student, related service personnel, and other professionals who will support the student.
• The IEP contains
• Goals and objectives developed by the IEP team
• SMART goals ( Specific, measurable, attainable, relevant, and time-bound):
• Example: When given visuals( flashcards, etc), Student will be able to identify letters with gestures (pointing )or verbal response (orally) for 4 out of 5 trials for 9 weeks as measured by the teacher observation
• IEP must include progress in the general education curriculum and functional performance.
• PRINCIPLE 4: LEAST RESTRICTIVE ENVIRONMENT (LRE)
• The IDEA requires that children with disabilities must be provided an opportunity to be educated with children who are not disabled to the maximum extent appropriate.
• Least Restrictive Environment (LRE) means that:
• Any placement outside the general education classroom must be considered with the child’s best interest and individual disability-related needs
• Students must socialize same-age peers without disabilities, when appropriate.
• Accommodations and modifications in LRE settings including music, art, physical education, school trips, clubs, extracurricular and other activities must be provided.
• Multiple placement options must be available to determine the best placement option for a student with disabilities.
• PRINCIPLE 5: PARENT AND STUDENT PARTICIPATION IN DECISION MAKING
• The IDEA states that schools must ensure that parents have the opportunity to be active participants in each step of the special education process.
• Parents, and (whenever appropriate) the student, must be involved in:
• The development, review, and revision of the IEP
• Educational placement decisions
• Determining what data needs to be collected during the evaluation
• Reviewing evaluation data
• Transition planning and services starting by age 14
• PRINCIPLE 6: PROCEDURAL SAFEGUARDS
• The IDEA includes explaining the rights of parents and children with disabilities using a handbook called the procedural safeguards. The handbook ensures that parents understand that they have a right to:
• Notices in writing,
• Access student records,
• Take steps to resolve a disagreement.

• QUESTIONS TO ASK
• Is FAPE being provided to my child?
• Has my input been considered by the IEP team?
• Is my child learning in his/her appropriate least restrictive environment?

For the full law, visit:
sites.ed.gov/idea