7 Major Principles Under IDEA NATIONAL ASSOCIATION OF SPECIAL EDUCATION TEACHERS
OUTLINE OF THE 7 MAJOR PRINCIPLES OF IDEA • 1. Informed Consent • 2. Zero Reject • 3. Free and Appropriate Public School Education-FAPE • 4. Nondiscriminatory Evaluation • 5. LRE-Least Restrictive Environment • 6. Individualized Education Program (IEP) • 7. Due Process Safeguards
Informed Consent • Before any evaluations, testing, and placement can be done, there must be parental informed consent. • Informed consent is defined as the following:
Informed Consent • 1. The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication.
Informed Consent • 2. The parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) which will be released and to whom. • 3. The parent understands that the gaining of consent is voluntary and may be revoked at any time
Zero Reject • All students have the right to a public school education and can not be excluded because of a disability. • Before IDEA, school officials who felt that they were not equipped to address the special needs of particular students would not accept such students into their schools.
Free Appropriate Public School Education • All students have the right to a public school education at no cost to the parents regardless of the extent of the disability. • “Free” is easy to understand • But what is “Appropriate”?
Non-Discriminatory Evaluations • The evaluation for a suspected disability for a suspected disability must be non-discriminatory
IDEA and Evaluations • Under IDEA, 5 criteria must be met in order for an evaluation for a suspected disability to be considered a non discriminatory evaluation
1. Multidisciplinary Team. • When considering eligibility for special education, the evaluation must be done by a multi-disciplinary team.
2. Racial and Culturally Discriminatory Issues • All testing materials and procedures used for the purposes of evaluation and placement of children with disabilities must be selected and administered so as not to be racially or culturally discriminatory.
3. Validity • All tests and other evaluation materials have been validated for the specific purpose for which they are used. • Validity-Does the test measure what it is supposed to measure • Reliability-Consistency of results
4. Administration by Trained Personnel • Tests and other evaluation materials must be administered by trained personnel in conformance with the instructions provided by their producer.
More than One Criterion Must be Used • No single procedure can be used as the sole criterion for determining an appropriate educational program for a child
6. Native Language • Tests must be given and reports must be written in the native language: • When doing assessment, all tests must be given in the child’s native language and all reports must be written in the parent’s native language.
The Fifth Major Principle Under IDEA: Least Restrictive Environment Rule: All students in special education must be placed in the least restrictive environment: • Students with disabilities need to placed in the environment that is most suited for their educational needs, or as it was termed: The Least Restrictive one.
Definition of LRE LRE-The provision in IDEA that states that students with disabilities are to be educated with their non-disabled peers to the maximum extent appropriate.
Inclusion Full Inclusion-An interpretation of the principle of the LRE advocating that ALL pupils with disabilities are to be educated in the general education classroom. It involves the delivery of appropriate specialized services to students with disabilities in a general education classroom
Under IDEA, a continuum of placements, ranging from the general classroom to homebound and hospital programs, needs to be developed by schools. Regular Classroom Resource Room Separate Class Separate School Residential Facility Home/Hospital Continuum of Placements under LRE
Resource Room • Resource Room-An educational placement option for students with disabilities, involving specialized instruction for a specified time period during the day to address the student’s needs. Most of the student’s day, however, is spent in the general education classroom.
Special Education Classroom • Special Education Classroom-A classroom setting under the supervision of a qualified special educator that provides specially designed instruction to meet the needs of a student with a disability.
Special Education Classroom • Also known as a self-contained classroom. • **Self-Contained refers to a type of classroom • _____ :______: _____ • 8:1:2 means 8 students, 1 teacher, and 2 aides.
Special Schools • Special Schools-A general term applied to a separate educational placement for students with disabilities outside of a general education school. • 96% of students with disabilities between the ages of 6 to 21 receive their education in a general education school building.
The Sixth Major Principle Under IDEA: Individualized Education Programs • All students in special education must have an **individualized education program (IEP) • **If a student is determined to be eligible for special education an IEP will be developed
IEP • All students in special education are required to have an individualized education program designed to meet their needs. • The IEP includes both short-term and long-term goals, along with how and where services will be provided. • **The IEP MUST be written by a TEAM
Components of an IEP • 1. The child’s Present levels of educational performance • 2. Measurable annual goals-including benchmarks (short-term objectives) • 3. An explanation of the extent, if any, to which the child will NOT participate with non-disabled children
Components of an IEP • 4. Related Services- Services necessary to ensure that students with disabilities benefit from their educational experience. Related services include: • Speech pathology, psychological services, counseling, physical and occupational therapy, special transportation, to name a few
Components of an IEP • 5. The projected date of the beginning of related services, and the frequency, location, and duration of the related services • 6. Any modifications in the administration of state or district wide testing
Components of an IEP • 7. How the child’s progress towards the annual goals will be measured and how the parents will be regularly informed of their child’s progress • 8. Beginning at age 16, a statement of needed transition services • Transition services- Services that assist the adolescent with a disability to successfully move from school to post-school activities
The Seventh Major Principle Under IDEA Due Process • Parents are entitled to due process: All students and their parents are afforded due process. • This means that if a conflict or disagreement ensues concerning a student’s eligibility for special education placement or services, no changes can be made until the issue has been settled by mediation or an impartial hearing.
Mediation & D/P Hearing • Try Mediation first • Mediation- A discussion between families and school districts over a point of disagreement for the purposes of resolving the disagreement before a due process hearing is held.
Mediation and Due Process • IDEA does not require mediation, and mediation may not be used to deny or delay the right to a due process hearing • A due process hearing is an administrative hearing (similar to a mini trial) conducted before a person charge with making an objective decision-The dues process hearing officer