Advocacy Support

The  Individuals with Disabilities Act

            After two years of struggle, the Individuals with Disabilities Education Act, better known as IDEA, was reauthorized and amended. President Clinton signed the new law, The Individuals with Disabilities Education Act Amendments of 1997, on June 4th.

         What are the most significant changes to the IDEA? Basically, the changes fall into several areas that are critically important to the special education process. Some of these changes went into effect when the law was signed in June and others will go into effect during the next year. Changes include:  

Including Children and. Youth with Disabilities in Assessments 
Under the new IDEA, states are now required to include children with disabilities, with accommodations when necessary, in state and district-wide assessment programs by 1998. For children, who cannot participate in regular assessments, states must develop alternative assessments by 2000.

Individualized Education Program Requirements  

The new IDEA makes several key changes to what information the IEP must contain and the way in which it is developed. These changes are to take effect on July 1, 1998. There have also been some changes in what the IEP must include. There will place more emphasis on involving students with disabilities in the general curriculum and in the general education classroom, with supplementary aids and services,  when appropriate. Also required is a statement of explanation of the extent to which the student will not be participating with non‑disabled children in the regular class and in extracurricular and nonacademic activities. There will be mention of how the state or district wide assessments will be modified or why the assessment is not appropriate and how the child will be assessed. Other statements show how the student will be informed about the transfer of rights as he approaches the age of majority, how parents will be informed of their child's progress, where services will be delivered, and about transition services beginning at age fourteen.    

Developing the IEP

The new IDEA increases the role of the regular educator on the IEP team to include, when appropriate, helping to determine positive behavioral interventions and appropriate supplementary aids and services for the student. Also added are "special factors" such as behavior strategies and supports, language needs if the child has limited English proficiency, providing Braille instruction if needed, and whether visual needs are required.    

Reviewing & Revising the IEP

At least once a year and make changes as needed. Now schools must report to parents on the progress of children with disabilities at least as often as they report progress on those non‑disabled. When the child is not making the expected progress toward the annual goals, the IEP team will meet and revise the IEP.

Parent participation in eligibility and placement decisions Before parent participation was not required for making decisions regarding a student's eligibility for special education and related services. Under the new legislation, parents are specifically included as members of the group making the eligibility decision. Parent participation in placement decisions is also now required. The new IDEA makes it clear that parents have the right to be involved.

Reevaluations The IEP team will review existing evaluation information on the child and based on that and input from the parents, will identify what additional information is needed to determine:  

·         If the child continues to have a disability and needs special education & related services

·         The child's present levels of performance and educational needs

·         What modifications to special education & related services are needed to enable the child to meet goals setout in the IEP and participate in the general curriculum. Retesting is not needed if the team feels they have enough information to address the questions. Parents must be notified of the decision not to retest, and if parents request a retesting, the school must conduct it.

Transition Services Beginning when a student is 14 and then yearly, the student's IEP must contain a statement of his needs for transition services, under the various components of that IEP that focus upon the students courses of study and focus attention on how the child's educational program can be planned. At least one ‑year before he reaches the age of majority, the IEP must contain statements of needed transition services.

Mediation The state has an obligation for creating a mediation system in which parents and schools may voluntarily participate to resolve conflicts. The state must ensure that the mediation process is voluntary, is not used to deny a parent's right to due process and is conducted by a qualified and impartial mediator trained in effective mediation techniques. The state must maintain a list of qualified mediators and must pay the cost of the mediation process.

Discipline and Behavior Issues The discipline sections of the new law are somewhat confusing and lawyers and advocates are waiting for further instructions from the US Department of Education, Office of Special Education Programs and federal regulations. Under the new IDEA, a school may place a child in an interim alternative educational setting for a maximum of 45 days if the child brings a dangerous weapon to school, or knowingly has, uses, sells, or tries to buy illegal drugs while at school. A hearing officer may order a change in placement for up to 45 days if the current placement is likely to cause injury to the child or others.