IDEA (Individuals with Disabilities Education Act)is a legislation passed in 2004 which is regarded as the most significant piece of legislation supporting the educational needs of students with disabilities.
The purpose of the act is to ensure students with disabilities have everything they need in order to succeed. Because of this act, students are able to partake in general education classrooms with their non-disabled peers, yet still have an education crafted uniquely to them. The goal of IDEA is to prepare students with as much independence as possible to succeed in further education, the work force, and eventually life on their own. Along with making sure the students have what they need, IDEA provides a support system for educators and caretakers through coordinated research, by providing tools to support the student's education.
Six legal principles have had significant influence in the advancement of special education law:
Due process. Fair and specific procedures related to assessment, identification, and placement must be followed for all students.
Equal protection. Consistent with the equal protection clause of the 14th Amendment, states are required to provide the same rights and benefits to students with disabilities as to those without disabilities.
Zero reject. Regardless of severity of disability, no child can be excluded from school.
Free and appropriate public education. Individual students must be provided with an individualized education program that has a full range of appropriate direct and related educational services at no cost to their families.
Least restrictive environment. Students with disabilities should be educated, to the maximum extent appropriate, with students who do not have disabilities, and they should be removed from a general education classroom only when the curriculum and instruction cannot be adapted to achieve satisfactory results.
Nondiscriminatory assessment. Biased evaluation instruments and/or procedures constitute a denial of equal access to education. Students can be harmed by assessments that wrongly label them and mistakenly place them in environments that deprive them of opportunities for advancement
Nondiscriminatory Identification, Assessment, and Evaluation: Schools and community agencies are required to locate and evaluate students who may have disabilities.
Least Restrictive Environment: Placement is determined at least annually and is based on the individual student's educational needs. Placement is not viewed as permanent and teachers are continually working to move students to less restrictive levels of service
Individualized Education Program (IEP): A document that informs and guides the delivery of instruction and related services for the child in question.
General Education: Schools must ensure that parents, guardians, or surrogates have the opportunity to participate in every decision related to the identification, assessment, and placement of their child. In addition to providing adequate notice for meetings and scheduling them at a mutually agreed-on time and place, schools are to notify parents when considering changes in educational programming or related services.
Special Education: IEP requires a statement of special education and related services and supplementary aids and services provided for or on behalf of the student (based on peer review research to the extent possible) and a statement of program modifications or supports for school personnel that will enable the student to advance appropriately toward attaining the annual goals, to be involved and make progress in the general education curriculum, and to participate with other children with and without disabilities. IEP teams are to ensure that students are provided grade-level academics along with instruction and support services that are tailored to the needs of individual students.
Student: Students will be involved with their personalized IEP when appropriate. Since it is about THEIR needs, their participation in the development of a plan will be most useful. The student will also undergo identification, evaluation and assessment in order to receive services.
Families: Parents/Guardians/Surrogates have the right to inspect and review all information on their child, and it is not unusual for them to request an explanation regarding the information in the records. If parents believe that their rights have been violated or if they disagree with educators regarding the development of their child’s IEP, they can appeal specific decisions. Parents have the opportunity to participate in every decision related to the identification, assessment, and placement of their child. They also have the ability to deny services for their child.
Readings:
McLeskey, J., Rosenberg, M. S., & Westling, D. L. (2018). Inclusion: Effective practices for all students (3rd ed.). Upper Saddle River, NJ: Pearson Education Resources.
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