The Individuals With Disabilities Education Act (IDEA) is the primary disability law that guarantees the educational rights of students with disabilities from birth to age twenty-one. The law was first passed in 1975 as the Education for All Handicapped Children Act (Public Law 94-142) and has since been reauthorized and amended numerous times. In 1997, the name of the law was changed to the Individuals With Disabilities Education Act, which it retains today. IDEA not only defines the educational rights of students with disabilities to an individualized education program (IEP) at no cost to the parents but also outlines the responsibilities of the state and school district to ensure that each student with a disability is receiving a free appropriate education in the least restrictive environment. While some readers may be familiar with the term individualized education plan, we use individualized education program to be consistent with the current terminology used under IDEA and IDEA-related laws.
Under IDEA, special education is defined as individualized instruction and services that are designed to address the unique learning needs of each student with a disability and enable him or her to progress in the general education curriculum. Special education is not a place or a program; it is specialized instruction, accommodations, and supports that are tailored for each student with a disability. The nature of these supports, as well as the settings where instruction takes place, must be carefully designed based on a student’s needs.
Studies on school leadership suggest that students with disabilities attending schools led by principals who provide administrative support for special education are more likely to progress in the general education curriculum and have enhanced outcomes (DiPaola & Walther-Thomas, 2003). Effective principals who clearly understand the needs of students with disabilities; the statutes, regulations, and requirements of IDEA and No Child Left Behind (NCLB); and the instructional challenges that educators who work with students with disabilities face are better prepared to provide building-level support and positively impact special education outcomes. These well-informed leaders can facilitate the development of appropriate student placements, the use of effective research-based practices, and the development of a school culture that promotes a sense of collegial support among general and special educators (DiPaola & Walther-Thomas, 2003).
Since 2001, responsibility for special education has dramatically shifted from the central office to the school. This means that the principal must provide the leadership and oversight for all aspects of educating students with disabilities and is essential to ensuring school-level compliance with the law. Yet only a few states include knowledge of exceptional children in their principal licensure requirements (Education Commission of the States, 2008). As a result, many principals are learning about special education law and the students it serves on the job. It is our hope that the information in this book will facilitate this learning process and help principals and school leaders meet the demands to improve the educational outcomes of students with disabilities.
In this book, we first describe the legal foundations and entitlements surrounding special education, provide information on the best-practice research for serving students with disabilities and other diverse learners, and provide strategies for implementing inclusive programs. The remaining chapters will address key issues related to the implementation of the law and how principals can work to facilitate effective implementation of educational programs that support all students in the building.
Chapter 1, Understanding the Basic Rights of Students With Disabilities, introduces key provisions of the Individuals With Disabilities Education Act, such as free appropriate public education (FAPE), least restrictive environment (LRE), related services, and the rights of students with disabilities and their parents as defined in the procedural safeguards of IDEA. Section 504 of the Rehabilitation Act, the Americans With Disabilities Act (ADA), and Title I of the No Child Left Behind Act are described.
Chapter 2, Determining Who Is Eligible for Special Education, explains how students are referred for evaluation for special education, the evaluation process, and how eligibility decisions are made and by whom. An early intervention model called response to intervention (RTI) is described as well.
IDEA requires an individualized education program for every student who is eligible to receive special education and related services. Chapter 3, Developing and Implementing an Individualized Education Program, provides readers with detailed information about the process of developing an IEP, its key components, and the role of the principal in the development and implementation process.
IDEA and NCLB define how students with disabilities are to be included in statewide assessment and accountability systems. In chapter 4, Assessing and Teaching Students With Disabilities, we discuss the requirements regarding assessment and provide information about accommodations and modifications. Barriers to developing an inclusive school are discussed, and promising approaches for improving student achievement are provided.
Chapter 5, Discipline and Positive Behavior Interventions and Supports, explains the processes, as defined under IDEA, for disciplining a student with disabilities. Terms such as manifestation determination, functional behavioral assessment, and behavior intervention plan are described, and suggestions to avoid discipline problems are offered.
Finally, in chapter 6, Encouraging Parental Involvement, we focus on parents and ways to involve them in the individualized education of their students. Ways for schools to engage parents and build effective relationships are suggested. The book ends with a list of online resources, a guide to significant changes that appear in IDEA 2004, and a glossary of terms used in special education.
CHAPTER 1
Understanding the Basic Rights of Students With Disabilities
Questions Principals Ask
• What are FAPE, LRE, and related services?
• What rights do students and their parents have?
• What is required under Title I of the Elementary and Secondary Education Act (ESEA)?
• How do Section 504 of the Rehabilitation Act and the Americans With Disabilities Act affect schools?
The Individuals With Disabilities Education Act is the primary U.S. federal policy that defines which students are eligible for special education supports and services and protects students with disabilities against discrimination (see appendix B, beginning on page 71, for a summary of key legal provisions in IDEA 2004). This federal law guarantees all students, regardless of their disability, a free appropriate public education (commonly referred to as FAPE). To be eligible under IDEA, a student must first be determined to have a disability that is consistent with one or more of the categories specified in the law, and the disability must have an adverse effect on educational performance that necessitates specially designed instruction to meet the unique needs resulting from the disability. Only students who meet the eligibility requirements are entitled to FAPE.
Visit http://nichcy.org/laws/idea for a wealth of information about IDEA, including summaries of requirements, statutes and regulations, and training materials.
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