Special Education (IEPs)

How It Works

Almost 9% of U.S. students aged 6 to 21 receive special education services. The Individuals with Disabilities Education Act (IDEA) mandates that all students receiving special education in public schools have an Individualized Education Plan (IEP). An IEP is a written description of an appropriate educational program for a student with special needs. It must include the student’s current performance level, subject areas affected by the student’s disability, any necessary accommodations in class, schedule modifications, transportation services, and annual goals. It must explain the extent to which the child will participate with non-disabled children and whether the child will take state-wide achievement tests. It may include a health plan or a behavior plan if appropriate. Beginning at age 14 it must include a statement of courses needed to reach the student’s post-school goals. By age 16, the IEP must describe a transition plan to ensure continuity of services when the child leaves school. The goal of the IEP is to provide an education tailored to the student’s needs in the least restrictive environment. In the year 2000, 96% of students with disabilities were served in a regular school building. Of these students, nearly half spent 79% or more of the school day in the mainstream classroom.

There are many steps involved in the creation of an IEP. The first phase may be “pre-referral”, an informal and problem-solving process used to examine the problems faced by the student and to search for solutions. Pre-referral interventions may avoid over-identification of children needing special education and the ensuing consequences on the student’s future education. The next step in producing an IEP is referral. Parents, physicians, or school professionals can call the Child Find system and request that a child be evaluated (800-543-3098). Parental consent is needed. Once referred, the child is evaluated to determine whether he/she has a disability, whether special education is required, and what types of services may be needed. If parents disagree with the evaluation, they have the right to take their child for an Independent Educational Evaluation (IEE) and ask the school system to pay for it.

Once the evaluation is complete, the IEP team uses the assessment to determine whether the student is a “child with a disability” as defined by IDEA, and therefore eligible for special education. Parents may request a hearing to challenge the eligibility decision. If the child is deemed eligible, the school has 30 days to write an IEP. The IEP is created by a team consisting of the student’s parent or guardian, special education teacher, at least one general education teacher, and school psychologist. It may include the school nurse, speech therapist, occupational therapist, and any other service provider. The parents/guardians are on equal ground with all members of the IEP team and are considered experts regarding their child. If they do not agree with the IEP and placement, they may request mediation. They may file a complaint with the state education agency and request a due process hearing. If necessary, the school must make reasonable efforts to arrange for an interpreter during IEP meeting’s.

Once the IEP is completed, the parents are given a free copy of the IEP. Progress reports must be given at least as often as parents are informed of their non-disabled children’s progress. The IEP must be reviewed by the team at least once per year. Any member of the team may call a meeting at any time to adjust the IEP. Parents have 30 days to consider the proposed changes before signing their approval. Finally, the child must be reevaluated every three years to determine if he continues to be a “child with a disability” and what his educational needs are.

History

  • 1912: The Children’s Bureau is established by Congress to collect data on institutional care, mental retardation, and the care of handicapped children
  • 1935: The Social Security Act establishes Maternal and Child Health Services, as well as services for disabled children
  • 1969: Children with Specific Learning Disabilities Act mandates support services for children with learning disabilities
  • 1973: Americans with Disabilities Act raises awareness of the special needs population
  • 1973: Section 504 of the Rehabilitation Act protects people with disabilities by eliminating barriers and allowing full participation in education and the workplace.
  • 1975: Education for All Handicapped Children Act (later titled the Individuals with Disabilities Education Act, or IDEA) requires all states that accept federal funding for special education to provide all disabled students a free and appropriate public education.
  • 1990: IDEA is amended. Part B of IDEA specifies that public schools are responsible for providing services to eligible children aged three to 21. Transition planning is required for students beginning at age 14.
  • 2004: Most recent reauthorization of IDEA. Among other changes, specifies that special education teachers must be “highly qualified”. Policy Update
  • In 1975, the Individuals with Disabilities Education Act (IDEA) committed federal funds to pay 40 percent of the average per student special education cost. Yet the federal government is currently providing local school districts with under 20 percent of total costs rather than the 40 percent specified by law, creating a $10.6 billion shortfall for states and local school districts. This comes at a time when more and more students are being classified as disabled under IDEA. The number of students in five of the thirteen disability categories- specific learning disabilities, emotional disturbance, multiple disabilities, orthopedic impairments, and other health impairments (which includes ADHD) — has increased twenty percent or more in the past ten years.

Links

  • A Guide to the Individualized Education Program, by the U.S. Department of Education
  • An in-depth look at IEPs: http://www.ldonline.org/indepth/iep
  • Parent’s guide to helping children with learning disabilities: www.schwablearning.org
  • Special education law and advocacy site: www.wrightslaw.com

References