IDEA. VITAL INFORMATION FOR TEXAS FAMILIES Creating a transparent process. 4 CORNERSTONES OF IDEA. * referring to Part B of IDEA which applies to ages 3-21 in MD, Part C is Infant and Toddlers
VITAL INFORMATION FOR TEXAS FAMILIES
Creating a transparent process
4 CORNERSTONES OF IDEA
*referring to Part B of IDEA which applies to ages 3-21 in MD, Part C is Infant and Toddlers
1. FAPE guarantees a free, appropriate, public education. “Appropriate” has been interpreted by the courts to mean that the child gets some meaningful benefit.
2. Due process provisions enable parents to appeal decisions of the IEP team.
3. Procedural safeguards protect the rights of children and parents in the process.
4 CORNERSTONES OF IDEA
4. Least Restrictive Environment (LRE) requires that the child be educated in regular education classes in the school where the child would have gone if not for the disability, unless the child cannot be educated satisfactorily in that setting even with supplementary aids and services (supports needed to be successful).
*Studies confirm the educational, social/emotional and employment benefits of inclusion
Key areas where we lost ground:
IEP: Lost rights in many ways, including, requirement for short-term objectives for all students with disabilities (SWDs) and transition age.
Discipline: More difficult to show that act was caused by disability, easier to send student out of the school.
Due process: Much more complex and provides less protections for families.
*some improvements in regulations through public comments
Shaffer v. Weast (S. Ct. 2005) - burden of proof in IEP disputes is on party bringing the action (usually parents)
Arlington v. Murphy (S.Ct. 2006)- parents will no longer be reimbursed for experts fees even if they win IEP dispute.
IDEA Fairness Restoration Act-seeks to amend IDEA to allow prevailing parents to be reimbursed for expert fees.
Mostly verbatim from IDEA (including 16 for transition planning and limits on STO’s). Some additional rules:
2007 amended state regulation §89.1070:
A student receiving special education services may graduate and receive a regular high school diploma upon the ARD committee determining that the student no longer meets age eligibility requirements and has completed the requirements specified in the IEP.
58% is national average
8% of students in ID category
17% is national average
21% is national average
24% of students in ID category
27% is national average
15% is national average
65% of students in ID category
46% is national average
3.0% is national average
2% of students in ID category
6% is national average