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Individuals with Disabilities Act

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A. The Individuals with Disabilities Education Act Amendments of 1997 (IDEA), is a federal special education law and was signed into law in June 1997. The IDEA pledges that each child with a disability as well as students who need special education services has the right to a free proper public education, with the least restrictive environment. Below are the six components that are included in the IDEA. They include;

1 Free Appropriate Public Education(FAPE): In this component, the IDEA pledges that all students with a disability must be provided at a no cost public education services that is appropriate to his or her special needs within the public school system.

2 Least Restrictive Environment is the second component. This component ensures the student will receive a free appropriate public education with the least restrictive environment. It also contends the IDEA’s beliefs, that educating students within the general education population as well as the general education curriculum is the first priority that the IEP team must consider.

3 Individualized Education Program (IEP) Is the third component. This component will make certain that child with disabilities will be given the suitable as well as the individualized education. The IDEA states that after evaluating the information that is gathered, the IEP group will prepare a written document stating the special educational services available to the student. The steps involved in the IEP procedure include the testing of the student to uncover the present level of the student; after the testing has been completed the IEP team will set annual goals this would also include instructional objectives. Once the testing has taken place and annual goals have been set forth the IEP team will decide what educational services would best benefit the student. The IEP team will also decide at what degree the student may possibly participate in general education program. In the final step the IEP team will design the services and determine the length of delivery. Finally once all the above steps have taken the IEP team will monitor the student. The IEP goal is to fulfill the exceptional educational needs of each student with disabilities (Lain, 2004).

4 Procedural dual process Is the fourth component. The protection includes all information and decision making are provided to the parents. The parents have the right to inspect all educational records, as well as obtain an independent evaluation, also to be given prior notice of the evaluation process and placement of the student, plus the parent may request an impartial hearing if dissatisfied with the results from the IEP team. The parents can also request due process to resolve disagreements between all parties involved (Lain, 2004).

5 Nondiscriminatory assessment articulates that a child must be measured by a multidisciplinary team for the suspected diagnosed disability by examinations that are neither ethnically nor linguistically biased. The students are required to be given numerous types of test, these test will be given by skilled individuals. One single test is not allowed.

6 Parent participation: In this last component it is the opinion that the education of children with disabilities is made more efficient by strengthening the parent’s participation within the special education process. IDEA expects the parent’s contribution during the special education practice; this would include equal decision making between the parent and the IEP team. The parents also have also the right to receive notice to any changes in regards to IEP assessment such as the evaluation (Gargiulo, 2011).

B. Key Components of the IDEA reauthorization

1 Congress enacted the Education of the Handicapped Act Amendments Public law 99-457 on October 8, 1986 this agenda was enacted to better serve young children. These amendments are identified as the early Intervention Amendments PL99-457 it signifies that all children three to five years of age have right to use Free Appropriate Public Education (Gargiulo, 2011).

2 In 1990 PL101-476 the Educations for all Handicapped child Act was in passed into law. This was a label change of the special education rule to those with Disabilities; it was also described as the first person act. In this regulation the purpose was to be categorized as children first and their disability second. Instead of students being labeled as disabled students; they are now referred to as students with learning disabilities. The PL101-476 IDEA also mandated transition services as well as to include social work with rehabilitation services for students, furthermore legislation acknowledged Autism together with traumatic brain injury in the separate disability categories. In addition the assembly revoked states protection from lawsuits for violating IDEA (Gargiulo, 2011).

3 In 1997 Public law105-17 Amendments to IDEA was passed. The IDEA was reorganized to include four main parts. Two of the changes included conduct of the disabled student, if the student brings a weapon to school or has illegal drugs and or creates a serious risk, the student could possibly be removed from their present placement after a due process. Less serious behavior concerns demonstrated by the student with a disability should be conducted comparable to students without disabilities. The other changes to include are the student active involvement in the IEP process, as well as the transition planning. This would begin at the age of 14 instead of 16 years of age. General education teacher are to be included in the IEP process as well as an emphasis on assistive technology and annual goals of each student. Other important change included adding visual impaired students and a category of developmental delayed was added when describing a child 3-9; this is the judgment of the state and local agencies. Finally the IDEA requisite schools to institute performance goals to help appraise the school progress (Gromisch, 2011).

4 Individuals with disabilities education improvement act PL 108-446 passed into law in 2004 The law has a profound effect on the general education teachers as well as the special education educator; this is due to the improvements efforts that includes assessments, standards and accountability, mainly due in part to the no child left behind act The changes included the IEP process. It states that that short term objectives goals no longer exists for the majority of students. There are a small percentage of students where these short term goals are still required. These involve students who are taking alternate assessments aligned to alternate achievement standards. The IEP now incorporates a statement of the student’s present-day academic level as well as their functioning performance. The IEP report must also include the progress the child is making towards their annual goals. Certain members of the IEP team can be excluded from the IEP meeting if the school members’ area is not being discussed in addition there are new provision in place to allow video conferencing and or calls as optional means of participation. Once the IEP is established the IDEA will allow changes to be made to the IEP with a written modification. The IEP team doesn’t need to meet for the redrafting of the modification. Transition services were changed from 14 to 16 and are updated yearly. Under the modifications school districts are allowed to develop a multi-year IEPs with the parents consent. In regards to due process and the procedural safeguard notice a copy will be distributed upon the initial referral then once a year there after. Parents have two years in which they can execute their due process rights. If the parent feel their child learning rights are being unfulfilled they must file a complaint with the school. The school must respond to the complaint within ten days and the school must meet with the parents and members of the IEP team in fifteen days after the complaint has been filed. The parents must attend a mandatory resolution session before due process can takes place. If false information has been filed by the parents or if it is determined to be frivolous accusations, and or irrational demands, the parents may be billed for the schools attorney fees. Students should stay put in their current educational placement pending the appeal this is important to the student to make certain the child receives free appropriate public education. A student is permitted to receive services necessary to allow them to be given a free public education during the period in which they are in the alternative educational setting. The burden shifted now the parents’ reasonability to prove their child’s behavior was a direct correlation caused by their disability. Before it was the burden of the school to prove the behavior was resulting in a disciplinary action (Gargiulo, 2011).
Summarization of the IDEA guidelines along with the incorporation of four interventions
C. When a student isn’t capable of completing assignments, is missing homework assignments consistently, has behavior problems, or has other areas of difficulty and after the teacher has exhausted various adjustments within the classroom without success; this is when the general education teacher should decide to investigate further in answering why the student is having difficulty in class (Gromisch, 2011). The Child would then be recognized as possibly needing special education and related services. The teacher may possibly call for a pre-referral. The pre-referral team commonly known as the study team consists of general education teachers and other professional. The purpose of the study team is to cultivate alternative instruction strategies intended to accommodate the specific needs of the student. If this action is unsuccessful the study team would request a referral. The referral is a written request to evaluate a student to establish if a disability is present. Once the referral is in place the next step is the assessment. At that time parent consent is necessary under IDEA. The assessment is the process in gathering information with regards to the student’s strengths and weakness. The IDEA requires the use of a multidisciplinary team. The multidisciplinary team is responsible in establishing the assessment package that will assess cognitive, academic, plus any particular area of concern noted on the referral. The school psychologist and other professionals who are responsible for evaluating the student have a variety of assessments test that will accurately reflect the student defects. One test that given is the Norm- referenced test compares the student performance with that of a representative sample of children. The students that are the sample must be the same in chronological age to be correctly contrasted to the student who is being tested. Another test that is given is the Criterion–Reference assessment. The test compares student performance on a particular task this allows to see the performance of the student. This test will identify a specific skill that the student has mastered as well as identifying what skills would need further instruction. This test is helpful in the instructional planning for the student. The evaluator will compile a depiction of the students’ aptitude. The multi-disciplinary team will determine where the student is eligible to receive special education services according to specific state criteria. If the child is deemed in need of special education services the multi-disciplinary team will construct an IEP. Every child that is determined to require special educational services must have a individualized education plan. This plan is specially designed instruction to meet the need of the child. The individualized education program (IEP) is a plan intended to deliver special educational services suitable to the individual needs of the child. The IEP team includes the parent, teacher, a special educator, and a spokesperson from the school district. If appropriate, the student may be present at the IEP meeting. The IEP will instruct the student’s current performance, goals, plus special education and related services. It will also consist of transition services needed, goals including the annual progress of each goal. IDEA 2004 requires the IEP team to develop measurable annual goals while also highlighting exposure to the general education curriculum. The IEP purpose is to provide a long range path for the student’s educational agenda (Gargiulo, 2011).

References
Gargiulo, R. (2011). Special education in contemporary society: an introduction to exceptionality. (fourth ed.). sage publication, inc. DOI: Special Education in Contemporary Society: An Introduction to Exceptionality
Gromisch, E. (2011, march 24). Steps to refer for special education evuluation. Retrieved from http://www.brighthubeducation.com/special-ed-law/111538-referring-a-student-for-an-evaluation[->0]/
Lain (2004, august 24). Idea:breakdown of its components, amendments,andreferral process . Retrieved from http://voices.yahoo.com/idea-breakdown-its-components-amendments-and-66317.html?cat=25[->1]

[->0] - Gromisch,%20E.%20(2011,%20march%2024).%20Steps%20to%20refer%20for%20special%20education%20evuluation.%20Retrieved%20from%20http:/www.brighthubeducation.com/special-ed-law/111538-referring-a-student-for-an-evaluation/
[->1] - http://voices.yahoo.com/idea-breakdown-its-components-amendments-and-66317.html?cat=25%20

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