Individualized Education Program - An IEP is more than just a written legal document (or “plan”). It’s a map that lays out the program of special education instruction, supports and services students' need to make progress and succeed in school.  Each program is designed to meet a student’s exact needs. That every IEP must include present levels of performance, measurable goals, statement of services, and statement of accommodations or modifications.

The term IEP is also used to refer to the written plan that spells out the specific types of support the student will receive. Both the program and the plan are covered by special education law, or the Individuals with Disabilities Education Act (IDEA).

Different Types of Least Restrictive Environment (LRE) - The basic idea of LRE is straightforward. Still, it’s often a hot-button issue at meetings. IDEA doesn’t spell out the LRE for each type of disability. It can be open to interpretation. There isn’t necessarily one “right” environment for all kids. And at times, it may better or more suitable for a child to learn separately.

The intent of LRE is to make sure that kids who receive special education are included in the general education classroom as often as possible. But agreeing on how that happens isn’t always easy. The IEP team, which includes you, decides what the LRE is for your child. Here are some common LRE scenarios:

• • General education classroom with support. A student spends the entire day in a general education class. He/she receives supports and services like a tutor or aide, assistive technology, related services, accommodations, modifications or any combination of these.

  • Partial mainstream/inclusion classroom. A student spends part of the day in a general education class. He gets some individual or small-group instruction in a special education class, or is pulled out of class for some services.

  • Special education class. This is a program with specialized instruction for students with similar learning needs.

  • Specialized program outside of your school district. This includes private schools, residential programs and hospital programs.

Understanding what LRE means making sure students have the best learning opportunities at school.  

We must begin considering the issues of students of different backgrounds who need accommodations to support their learning.  To do so, we need to consider who traditionally has the most success in school and those who have yet to have accommodations to meet individual needs. Those who are able to succeed are those who have their needs taken care of. It is our job as teachers to work with the community to provide a wealth of social, intellectual, and financial resources.

Brief History Of Special Education Legislation

The history of special education in the U.S. began after World War II when several parent-organized advocacy groups surfaced. One of the first organizations was the American Association on Mental Deficiency, which held its first convention in 1947. By the early 1950s, fueled by the Civil Rights Movement, several other parent organizations were formed, including the United Cerebral Palsy Association, the Muscular Dystrophy Association, and John F. Kennedy's Panel on Mental Retardation. During the 1960s, an increasing level of school access was established for children with disabilities at the state and local levels.

The States’ Place in Special Education History

In the early 1970s, multiple landmark court decisions gave states the responsibility to provide special education resources and schooling to students needing it. These decisions altered the entire landscape of special education history in our country.

Currently, state and local institutions provide 91 percent of special education funding, while federal funds care for the remaining 9 percent when states meet federal criteria.

This balance allows for the varying special education programs across the country and the uniform regulations that hold states to certain standards and encourage excellence in teaching.

The 1970s: Foundational Years

The 1970s brought more significant improvement to the lives of special education students than any other decade in special education history. First, the Rehabilitation Act of 1973 (*optional enrichment) guaranteed civil rights to all disabled people and required accommodations for disabled students in schools.

Then, in 1975, the Education for All Handicapped Children Act (EHA) (*optional enrichment) guaranteed and enforced the right of children with disabilities to receive a free, appropriate education.

With the dual purpose of providing unique educational opportunities suited to the needs of disabled students and delivering it in the “least restrictive environment” possible, this law is still the foundation of modern-day special education history in the U.S. today.

Section 504 of the Rehabilitation Act of 1973

Section 504 of the Rehabilitation Act of 1973 protects the rights of individuals with disabilities in programs and activities that receive federal financial assistance, including federal funds. Section 504 provides that: “No otherwise qualified individual with a disability in the United States . . . shall, solely because of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance . . .”

The U.S. Department of Education (ED) enforces Section 504 in programs and activities that receive funds from ED. Recipients of these funds include public school districts, institutions of higher education, and other state and local education agencies. ED has published a regulation implementing Section 504 (34 C.F.R. Part 104) and maintains an Office for Civil Rights (OCR), with 12 enforcement offices and a headquarters office in Washington, D.C., to enforce Section 504 and other civil rights laws that pertain to recipients of funds.  The Section 504 regulation requires a school district to provide a “free appropriate public education” (FAPE) to each qualified person with a disability in the school district’s jurisdiction, regardless of the nature or severity of the person’s disability.

All qualified persons with disabilities within the jurisdiction of a school district are entitled to a free, appropriate public education. The ED Section 504 regulation defines a person with a disability as “any person who: (i) has a physical or mental impairment which substantially limits one or more major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment.” In general, all school-age children who are individuals with disabilities, as defined by Section 504 and IDEA, are entitled to FAPE.

Timeline of Contemporary Policy

In 1986, Public Law 99-457 was enacted, the Education of the Handicapped Act (EHA) Amendments of 1986. These amendments recognized the need for early intervention and mandated services from birth and required the development of a comprehensive system of early intervention for infants.

In 1990, Public Law 101-476 was enacted, renaming EHA the Individuals with Disabilities Education Act (IDEA). This law expanded the eligibility categories to include autism and traumatic brain injuries and defined assistive technology devices and services.

In 1997, Public Law 105-17 was enacted, The Individuals with Disabilities Education Act Amendments of 1997. This reauthorization of IDEA saw the initiative for transition services (*optional enrichment). It required a transition plan to be a part of every IEP no later than the child’s sixteenth birthday. Many other significant issues were addressed in this reauthorization, some of them including:

• IDEA Revolutionizes the Schools - During its reauthorization in 1997, EHA underwent several substantial revisions and became known as the Individuals with Disabilities Education Act (IDEA) (*optional enrichment). IDEA took many of the aims represented in EHA and brought them to life by providing applicable standards and structure to its best intentions. IDEA emphasized using individual education plans, or IEPs, for all special education students.  IDEA also initiated the use of individualized transition plans, or ITPs, to best prepare students for success in their adult lives.

The onset of IDEA brought about a widespread focus on providing the best-researched, most effective methods for exceptional education teaching. Now, not only were students guaranteed an equal education, but they were also offered with viable schooling options and the individualized attention they needed. This was a very positive step in special education history.

IDEA requires participating states to ensure that a free appropriate public education (FAPE) is made available to eligible children with disabilities in mandatory age ranges residing in the state. To be eligible, a child must be evaluated as having one or more of the disabilities listed in IDEA and determined to need special education and related services. Evaluations must be conducted according to prescribed procedures. The disabilities specified in IDEA include:

• Developmental Delay (formerly Mental retardation) - states and local education agencies (LEAs) may adopt the term “developmental delay” for children aged 3 through 9 (or a subset of that age range) who are experiencing a developmental delay as defined by the state and need special education and related services.

• hearing impairments including deafness

• speech or language impairments

• visual impairments including blindness

• emotional disturbance

• orthopedic impairments

• autism

• traumatic brain injury

• other health impairments

• specific learning disabilities

• deaf-blindness

• and multiple disabilities. 

Free and Appropriate Education (FAPE) - An appropriate education may comprise education in regular classes, education in regular classes with the use of related aids and services, or special education and related services in separate classrooms for all or portions of the school day. Special education may include specially designed instruction in classrooms, at home, or in private or public institutions, and may be accompanied by related services such as speech therapy, occupational and physical therapy, psychological counseling, and medical diagnostic services necessary to the child’s education.

An appropriate education will include:

• • • • Education services designed to meet the individual education needs of students with disabilities as adequately as the needs of nondisabled students are met;

      • The education of each student with a disability with non-disabled students, to the maximum extent appropriate to the needs of the student with a disability;

      • Evaluation and placement procedures established to guard against misclassification or inappropriate placement of students, and a periodic reevaluation of students who have been provided special education or related services; and

      • Establishment of due process procedures that enable parents and guardians to receive required notices; review their child’s records; and challenge identification, evaluation and placement decisions.  Due process procedures must also provide for an impartial hearing with the opportunity for participation by parents and representation by counsel, and a review procedure.

      • To be appropriate, education programs for students with disabilities must be designed to meet their individual needs to the same extent that the needs of non-disabled students are met. An appropriate education may include regular or special education and related aids and services to accommodate the unique needs of individuals with disabilities.

      • One way to ensure that programs meet individual needs is through the development of an individualized education program (IEP) for each student with a disability. IEPs are required for students participating in the special education programs of recipients of funding under the IDEA.

The quality of education services provided to students with disabilities must equal the quality of services provided to nondisabled students. Teachers of students with disabilities must be trained in the instruction of individuals with disabilities. Facilities must be comparable, and appropriate materials and equipment must be available.

Students with disabilities may not be excluded from participating in nonacademic services and extracurricular activities on the basis of disability. Persons with disabilities must be provided an opportunity to participate in nonacademic services that is equal to that provided to persons without disabilities. These services may include physical education and recreational athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the school, and referrals to agencies that provide assistance to persons with disabilities and employment of students.

Students with disabilities and students without disabilities must be placed in the same setting, to the maximum extent appropriate to the education needs of the students with disabilities. A recipient of ED funds must place a person with a disability in the regular education environment, unless it is demonstrated by the recipient that the student’s needs cannot be met satisfactorily with the use of supplementary aids and services. Students with disabilities must participate with non-disabled students in both academic and nonacademic services, including meals, recess, and physical education, to the maximum extent appropriate to their individual needs.

As necessary, specific related aids and services must be provided for students with disabilities to ensure an appropriate education setting. Supplementary aids may include interpreters for students who are deaf, readers for students who are blind, and door-to-door transportation for students with mobility impairments.

Recipients operating federally funded programs must provide education and related services free of charge to students with disabilities and their parents or guardians. Provision of a free education is the provision of education and related services without cost to the person with a disability or his or her parents or guardians, except for fees equally imposed on non-disabled persons or their parents or guardians.

If a recipient is unable to provide a free appropriate public education itself, the recipient may place a person with a disability in, or refer such person to, a program other than the one it operates.

However, the recipient remains responsible for ensuring that the education offered is an appropriate education, as defined in the law, and for coverage of financial obligations associated with the placement.

The cost of the program may include tuition and other related services, such as room and board, psychological and medical services necessary for diagnostic and evaluative purposes, and adequate transportation. Funds available from any public or private source, including insurers,4 may be used by the recipient to meet the requirements of FAPE.

If a student is placed in a private school because a school district cannot provide an appropriate program, the financial obligations for this placement are the responsibility of the school district. However, if a school district makes available a free appropriate public education and the student’s parents or guardian choose to place the child in a private school, the school district is not required to pay for the student’s education in the private school. If a recipient school district places a student with a disability in a program that requires the student to be away from home, the recipient is responsible for the cost of room and board and nonmedical care.

To meet the requirements of FAPE, a recipient may place a student with a disability in, or refer such student to, a program not operated by the recipient. When this occurs, the recipient must ensure that adequate transportation is provided to and from the program at no greater personal or family cost than would be incurred if the student with a disability were placed in the recipient’s program.

Special Education Teaching Today - The No Child Left Behind Act of 2001 reauthorized the Elementary and Secondary Education Act.  In 2001 and 2004, the No Child Left Behind Act (NCLB) (*optional enrichment) provided further accountability to schools and added technology assistance and loan programs to help schools acquire needed special education resources.

The law holds states and school districts more accountable for ensuring that all students reach certain proficiency standards in a specified amount of time. If standards are not met in time, students can transfer to higher-performing schools or receive supplemental services such as tutoring. The law also makes other provisions regarding curriculum, teacher qualify, and parental rights to certain information. Children with disabilities are included in the standardized testing that determines whether a school meets the mandated standards, and 95% of students with disabilities must participate in the annual testing.  

Now that the basic rights are set in place, advocacy groups similar to those first started in 1933 are forming to put forth legislation. These groups work toward a number of differing goals in regard to teaching methods, the recognition of certain disabilities and greater choice in schools.

In addition, many states and districts are changing their style of teaching and the materials they use with students, trading in traditional text-heavy materials for those created with the “universal design for learning” philosophy. According to the National Center on Universal Design for Learning, UDL “provides a blueprint for creating instructional goals, methods, materials, and assessments that work for everyone—not a single, one-size-fits-all solution but rather flexible approaches that can be customized and adjusted for individual needs.”

Although parents often play an important role in securing special education services for their children, much of the responsibility of helping students with disabilities succeed in the classroom falls to teachers. No Child Left Behind and IDEA require special education teachers to be “highly qualified” in special education as well as in the subjects they teach. General educators, who typically have more experience teaching a specific subject area, must be able to work effectively with students with special needs, but they are not required to be highly qualified to teach students with disabilities.

Regardless of the direction these take, educators, lawmakers and advocacy groups continue to streamline disability classifications as the public becomes more aware of politically correct terminology.  You should know where these key documents can be found on current educational policy. Please visit NCLB resources to be aware of major provisions by selecting on of the optional enrichment links below: 

• • Choices for Parents

  • No Child Left Behind Act

  • No Child Left Behind Policy Documents

  • Title I Evaluation Reports

While this may be your first opportunity to think and explore the LAW around special education protections, think of it as something that you will continue to develop knowledge of over time...who knows...maybe one day you might become a special education lawyer representing students or the state.

We need to be prepared to support ALL students.

Here are some Sample Accommodations for various disabilities (*optional enrichment)