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Special
Education Topic: Update on Changes in Special
Education
- Those involved in the Special Education field are currently
sorting through many transitions and changes. To parents, this
can seem overwhelming and confusing. What does it mean to you
and your kid? What resources are available to help you through
the process? Click
here for more info
Individuals
with Disabilities Education Act
The Individuals
with Disabilities Education Act (IDEA) (formerly called P.L.
94-142 or the Education for all Handicapped Children Act of
1975) requires public schools to make available to all eligible
children with disabilities a free appropriate public education
in the least restrictive environment appropriate to their
individual needs.
IDEA requires
public school systems to develop appropriate Individualized
Education Programs (IEP's) for each child. The specific special
education and related services outlined in each IEP reflect
the individualized needs of each student.
IDEA also
mandates that particular procedures be followed in the development
of the IEP. Each student's IEP must be developed by a team
of knowledgeable persons and must be at least reviewed annually.
The team includes the child's teacher; the parents, subject
to certain limited exceptions; the child, if determined appropriate;
an agency representative who is qualified to provide or supervise
the provision of special education; and other individuals
at the parents' or agency's discretion.
If parents
disagree with the proposed IEP, they can request a due process
hearing and a review from the State educational agency if
applicable in that state. They also can appeal the State agency's
decision to State or Federal court.
Statistics
in California for the 2002-2003 school year do not support
Congress' underlying premise.
- Attorneys
were responsible for less than 40% of all requests for
due process hearings.
- With
respect to due process decisions rendered, parents won all
or
part of those cases approximately 72% of the time when represented
by an
attorney.
- When
parents represented themselves, they lost 75% of the time.
- School
districts where represented by an attorney in approximately
80% of the cases decided.
- In
cases where school districts were represented by an attorney,
they lost all or part of the cases approximately 58% of
the time.
|
IDEA |
SECTION
504 |
Title |
Individuals
with Disabilities Education Act |
The
Rehabilitation Act of 1973 |
| Type |
An
education statute that governs all special education programs
in the U.S. |
•
Section 504 is a civil rights statute that protects disabled
children from discrimination in school
• It applies not only to education, but to employment
and recreation as well |
| Eligibility |
•
A student must meet the eligibility criteria for at least
one of the specific categories which include specific
learning disabilities, mental retardation, emotional disturbance,
autism, hearing impairments (including deafness), visual
impairments (including blindness), orthopedic impairments,
traumatic brain injury, speech of language impairments
and other health impairments (impairment in strength,
vitality or alertness, including heightened alertness
to environmental stimuli, due to chronic or acute health
problems).
• The disability must adversely affect the child’s
educational performance and the child must require special
education.• |
•
The student must have a physical of mental impairment
that substantially limits a major life activity (Learning
is considered a major life activity),
• Has a record of such impairment,
• Is regarded as having such an impairment
• The student is not required to need special education
in order to be protected
• The student may only need related services |
| Evaluation |
IDEA
is very specific regarding the multi-disciplinary evaluation
procedure and requires re-evaluation every three years.
• If parent disagrees with district’s evaluation,
provides for independent educational evaluation at district
expense under certain circumstances |
•
Section 504 requires nondiscriminatory testing but it
is not as specific as IDEA.
• Does not provide for independent evaluations at
district expense |
| Free
Appropriate Public Education |
•
IDEA requires FAPE
• An Individualized Education Plan (IEP) is developed
to provide an “educational benefit” with parent
participation and must be reviewed annually |
•
Section 504 requires FAPE
• “Appropriate” education means an education
comparable to the education provided to non-disabled students |
| Least
Restrictive Environment |
•
Disabled students must be educated to the maximum extent
appropriate with non-disabled students
• A student must be educated as close to home as possible |
•
Disabled students must be educated to the maximum extent
appropriate with non-disabled students |
| Due
Process |
•
Parents have the right to request an impartial due process
hearing when the school is proposing any change in placement
or services for the child
• Delineates specific requirements
• A due process hearing under IDEA has a hearing officer
appointed by the state education agency.
• “Stay-put” provision |
•
Parents may request an impartial hearing but Section 504
references IDEA procedures as just one of the ways to
meet the requirement.
• Section 504 allows the district to appoint an impartial
hearing officer.
• Section 504 does not have a “stay-put” provision |
LET
US ANSWER YOUR QUESTIONS. Call 888 IDEA-ADA (888-4332-232), or
email us at inquiry@a2zedad.com
for more information.
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