Student with disabilities were often forgotten about before national legislation was put into place. P.L. 94-142, which was passed in 1975, was the first step that the government took in order to guarantee that every child was offered a public education by using federal funding as an incentive. It was essential in outlining the process for evaluating students and providing services before, after, and during a student’s public education.
P.L. 94-142 was enacted to ensure that students with disabilities were given a free, appropriate education. Before this legislation, many students with disabilities were denied an education in public schools amongst their peers. The four main purposes of P.L. 94-142 included: providing a free, appropriate education, protecting rights of students and parents, assisting states in this process, and guarantee an effective manner in which these services were provided. P.L. 94-142 outlined the process of evaluation, defined a free and appropriate education and a least restrictive environment, and supported the shared decision making process among both educators and parents.
P.L. 94-142 was later changed to IDEA in 1990, and it was later amended twice. These changes in 1990 widened the range of disabilities that were met and services provided for, including autism and traumatic brain injury as individual disabilities instead of falling under the label of other health impairment. IDEA includes 13 disabilities. When it was later amended, behavior intervention plans and assessments were included, the provision of mainstreaming students with disabilities, and testing programs. In addition, IDEA outlined the criteria for the early intervention process. Children with disabilities are being identified earlier and provided services for both the child and family.
Every child with a disability must have an Individualized Education Plan, or IEP, which is designed by an IEP team. The IEP outlines the services provided, the academic and social goals, as well as type of assessments that are appropriate for the student. In addition, an IEP meeting will be held for each child with a disability annually along with a three-year reevaluation. Each IEP is different and individualized for the student. In order to be eligible for special education services under IDEA legislation, there are certain steps educators and parents must take for each student.
Evaluation of an individual child is the first step in determining whether a student is eligible for special education services or not. This evaluation helps gather information about the student to determine if they have a disability and what services and supports might need to be provided. There are two ways to begin the evaluation process. A parent or a school system may request that an evaluation be performed. From my experience, I believe the parent request is a faster manner in which to get the evaluation process going. If a school system requests an evaluation, parents must give written consent for it to occur. Once a school has received permission, they must perform the evaluation within 60 days. The evaluation must be complete and specific to the child including academic, behavior, and social functions. In addition, the evaluation must include a variety of methods and resources including parents, teachers, and other school personnel. This variety gives a better picture of a child’s capabilities. If it is determined that a child would benefit from special education services, an IEP will be developed based on the results of the evaluation. There are many considerations an IEP team must consider when making educational decisions for a student with special needs.
An IEP is an individualized plan that outlines the education that is appropriate for a student with special needs. The team that creates it includes both parents and school personnel. An IEP includes annual goals for the child as well as supports / services necessary for the child to be successful at school. The IEP team takes into consideration academic, extracurricular, and nonacademic activities. In addition, they must determine what the best setting for a child’s education.
The LRE, or least restrictive environment, is a legal term outlined in IDEA legislation that describes the setting in which a student with a disability can receive an appropriate education based on their individual needs. These areas can range from the general education classroom amongst their peers to home instruction. IDEA has strongly supported the idea of mainstreaming, or students with disabilities to be educated among their nondisabled peers, as much as possible. There are many benefits, both academically and socially, of mainstreaming. Determining the LRE for a student must occur annually at an ARD, or IEP, meeting. More than anything, an IEP team must consider the individual student when making placement decisions for a student with disabilities. Each child is different. Each situation is different. We must cater to these differences. Educators must be able and willing to meet every child’s IEP. More than anything, educators must prepare for students who receive special education services because many students today are among their peers in the regular education classroom.
Educators must first be informed about every child who receives special education services. Teachers must be familiar with students’ accommodations and be sure to follow them. At the beginning of every school year, I am overwhelmed by the amount of IEPs I receive. Each IEP is multiple pages and most of the time, it is my responsibility to go through each one and determine the services provided. Although it can be a lot, it is important to follow each IEP for each student. Teachers are obliged to meet each child’s needs. It is their responsibility. Although accommodations may require more time and effort on a teacher’s part, we must provide an appropriate education to each student.
Mediation and due process both occur when a disagreement between parents and a school system occurs. Mediation, to me, seems to be the less harsh of the two. The biggest difference between mediation and due process is that the first is completely voluntary. Both parties agree to meet to discuss, listen, and explain their position with a mediator present. If an agreement is met, both parties must sign a document stating the decision made. Conversely, due process is an approach under IDEA in which a legal hearing occurs. A hearing officer facilitates this legal proceeding takes place. Both parties present evidence, including witnesses, documentation, and arguments to the hearing officer. The first step in avoiding conflict as an administrator is to encourage teachers to keep parents informed. Miscommunication is the source of many disagreements. As an administrator, it is so important to keep your staff informed and up to date with communication via email, phone, and face-to-face. This will eliminate any confusion and disparities.
IDEA legislation serves as the framework for providing special education services for students with disabilities. It is so important for educators to be informed of the legal responsibilities outlined in this statute. Parents, administrators, and teachers must work together to find what benefits each individual student.
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