SPED 651 Lecture IDEA Fall 2012

1. IDEA 2004
Summer L. Stech, Esq.
SPED 651
San Diego State University

2. Legislative Mandates
 PL 108-446, the Individuals with Disabilities
Education Improvement Act of 2004
 Highly Qualified Teachers
 Early Intervening Services
 15% of Fed funds for early intervention
 Request for Initial Evaluation
 LEA or parent may initiate request but requires
parental consent.
 If parent refuses to provide consent for
services, the LEA cannot seek an administrative
order through due process.
 Evaluation Procedures
 Content of IEP & Team Makeup
 Procedural Safeguards and Discipline
Guidelines
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3. Six Principles of IDEA
Click black
screen to
play video
when intro
concludes
http://youtu.be/sVeS454wpfU 3

4. Six Principles of IDEA
Principle Requirement
Zero Reject Locate, identify, & provide services to all eligible
students with disabilities
Evaluation Conduct an assessment to determine if a student has
an IDEA related disability and if he/she needs
special education services
Free Appropriate Public Develop and deliver an individualized education
Education program of special education services that
confers meaningful educational benefit.
Least Restrictive Environment Educate students with disabilities with nondisabled
students to the maximum extent appropriate.
Procedural Safeguards Comply with the procedural requirements of the
IDEA.
Parent Participation Collaborate with parents in the development and
delivery of their child’s special education
program.
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5. Principle 1: Zero Reject
 Locate, evaluate, identify and serve
all eligible students with disabilities
aged 3 – 21
 Child find obligations
 Two criteria for eligibility
 A student must be determined to have a
disability that is covered by the IDEA
 Because of the disability, the student
needs special education and related
services
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6. IDEA Categories
 Autism (Added in  Specific Learning
1990) Disability (IDEA 2004
 Deaf-Blind change in definition)
 Deafness  Speech and Language
 Hearing Impairment Impaired
 Intellectual Disability  Traumatic Brain Injury
(updated 2010) (added in 1990)
 Multiple Disabilities  Visual Impairment
including Blindness
 Orthopedic
Impairments
 Other Health Impaired
 Emotional Disturbance
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7. Principle 2: Protection in Evaluation
 LEAs shall conduct a full and individual evaluation
before the initial provision of special education
and related services to a child with a disability (20
U.S.C. 1414(a)(1))
 Changes to IDEA in 2004
 Continues to emphasize importance of administering fair and
appropriate evaluations (non-discriminatory)
 Child’s parent, SEA, or LEA may request an initial eval.
 Feds set 60-day timeline from signed parental consent
 60-day timeline does not apply if parent fail to produce child
for eval.
 LEAs may no longer use Due Process for initial evals &
placements.
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8. Response to Intervention (RTI)
 15% of SPED Funds to go to Gen Ed
to implement Response to
Intervention (RTI) services
 Essential Components of RTI
 High Quality Classroom Instruction
 Tiered Instruction/Intervention
 Ongoing Student Assessment (CBM)
 Family Involvement
http://www.rtinetwork.org
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9. Evaluation Materials
 Test and evaluation materials
 Must not be discriminatory
 Must be given in the child’s native
language or mode of communication
 Technically sound instruments must
be used to assess
 Cognitive and behavioral factors
 Physical and developmental factors
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10. Evaluation Procedures
 A student must be assessed in all areas
related to the suspected disability
 The school is required to use a variety of
assessment tools and strategies to collect
functional and developmental information
that may assist in determining:
 Whether a student has a disability
 The educational needs of a student
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11. Interpreting Evaluation Data
 Draw on information from a variety
of sources
 Decisions must be documented and
carefully considered
 Decisions must be made by a team
(usually IEP team)
 Placement decisions must be in
accordance with LRE requirements
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12. Principle 3: Free and Appropriate
Public Education (FAPE)
 FAPE has procedural and substantive
components.
 Procedural - process is followed accordingly.
 Substantive - (a) at public expense, (b) meets
standards of SEA, (c) , include appropriate
preschool, elementary, or secondary education in
state, and (d) provided in conformity with IEP.
 SPED defined as “specially designed
instruction, at no charge to parents or
guardians, to meet the unique needs of a child
with a disability.”
 A state may set a higher standards than the
IDEA, however, a state may not lower education
benefits than the IDEA.
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13. Technology Related Assistance
 CA Ed. Code:
 56020.5. "Assistive technology device," as provided in
paragraph (1) of Section 1401 of Title 20 of the United
States Code, means any item, piece of equipment, or
product system, whether acquired commercially without
the need for modification, modified, or customized, that is
used to increase, maintain, or improve functional
capabilities of an individual with exceptional needs. The
term does not include a medical device that is surgically
implanted, or the replacement of that device.
 IDEA 97
 IEP teams are required to consider whether students with
disabilities, regardless of category, need assistive
technology devices and services.
 IDEIA 2004
 Same as 97, however, schools are not required to provide
or maintain surgically implanted devices
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14. Technology Related Assistance
 Assistive Technology Act of 2004
 Requires that schools use assistive technology
resources when necessary to improve
transitions for students with disabilities.
 Ensures that students with disabilities have
better information and support when they
apply for loans for assistive devices.
 It will raise public awareness about importance
of assistive devices.
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15. Related Services
 Definition:
 Services that may be required to assist
a child with a disability to benefit from
special education
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16. Nonexhaustive List of specific
Related Services
 Includes:
 Transportation
 Physical and Occupational Therapy
 Interpreters
 School Health Services (including complex
health services if needed)
 Assistive Technology
 Counseling and Psychological Services
 Residential Placement
 Social Work Services
 Parent Counseling and Training
 Speech Therapy
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17. Nonexhaustive List of specific
Related Services
 Does not include:
 Surgically implanted medical devices
(e.g., Cochlear Implants)
 Medical Services
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18. The Individualized Education
Program
 A statement of a student’s special
education and related services
 The IEP must be in effect by the
beginning of the school year
 LEAs are responsible for developing,
implementing, and revising
 The IEP is developed in an IEP meeting in
which :
 The assessment results are discussed
 A student’s educational program is developed
 A student’s placement is determined
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19. IDEIA 2004
Changes in IEP development process:
 IEP Team Participants
 Parents
 Sped teacher
 Gen ed teacher (at least 1)
 School rep who can provide/supervise provision of
sped services (administrator or designee)
 Individual who can explain instructional implications
of eval results.
 Others at discretion of parents or LEA
 IEP team members whose area not being discussed
are excused from attendance if parent and LEA
agree that presence is not necessary.
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20. IDEIA 2004
Changes in IEP Development Process cont’d
 IEP Document
 Short-term objectives no longer necessary
(still in CA law), except for students with
severe disabilities who take alternate
assessments.
 SPED teachers must inform parents of student
progress at least every 9 weeks.
 IEP Modification Process
 Programming changes could be made in
written document (modifications become part
of IEP) rather than reconvening IEP team…if
parent and LEA agree.
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21. IDEIA 2004
Changes in IEP Development Process cont’d:
 3-year IEP’s
 Up to 15 states participate in pilot program.
 IEPs for transfer students
 Accepting LEA required to continue to provide FAPE
w/ comparable services described in previous IEP
 Accepting LEA required to consult with parent
regarding services.
 If from out of state, LEA required to conduct an
evaluation, and if appropriate develop new IEP.
 Discipline
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22. IDEIA 2004
Changes in IEP Development Process cont’d:
 Manifestation Determination
 Behavior can be determined to be a manifestation
of disability ONLY if the conduct in question is
“caused by” or has a “direct and substantial
relationship” between behavior and disability.
 IAES for 45 days if:
 Student brings a weapon to school or school
function
 Knowingly possessed or uses illegal drugs or sells
a controlled substance
 Serious bodily injury
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23. Participants in the IEP Process
 Parents
 A representative of agency
 General education teacher
 Special education teacher
 Person knowledgeable about
evaluation
 Others at request of IEP participants
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24. Principle 4: Least Restrictive
Environment (LRE)
 Way of balancing values surrounding
provision of appropriate education with
values associated with individual’s right to
associate with non-disabled peers.
 Supported by and implemented through
the following constitutional principles:
 Procedural due process
 Substantive due process
 Equal protection
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25. Least Restrictive Environment (LRE)
 To the maximum extent appropriate
children with disabilities are to be
educated with children who are not
disabled.
 Removal may only occur when
education in regular classes with
the use of supplementary aids and
services cannot be achieved
satisfactorily.
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26. Continuum of Alternative Placements
Most Inclusive Gen Ed Classroom Least Restrictive
Specialized Academic
Instruction (SAI)
(consultation, coll
aboration, co-
teaching, pull-
out)
Special Day Class
Special Day School
Hospital/Institution
Least Inclusive Home Most Restrictive
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27. What NOT to Consider
 Placement according to category or
severity
 Placement where services are
traditionally provided
 Citing disruption w/o evidence of
behavior management attempts
 Cost, unless excessive (similar to
ADA…reasonableness)
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28. Principle 5: Procedural Safeguards
 General safeguards
 Notice and consent requirements
 Independent educational evaluation
 Appointment of surrogate parents
 Dispute resolution
 Discipline
 Impartial Due Process
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29. Attorneys Fees
 Public agencies may recover their attorneys’ fees
from parents’ attorneys if their case was:
 Frivolous
 Unreasonable
 Without foundation
 Public agencies may recover attorneys’ fees against
the parents’ attorney or the parents if the case was
presented for any improper purpose such as to:
 Harass
 Cause unnecessary delay
 To needlessly increase the cost of litigation
 Parents may recover their attorneys’ fees from
public agency if they prevail on more than 50% of
the issues presented (prevailing party status)
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30. Principle 6: Parent Participation
 Parental Notification and Consent
 Purpose: To provide parents with
sufficient information, in a timely
manner, so that they may fully
participate in educational decisions
 Written notice and consent
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31. Parent Participation
Notice Requirements
 Parents must be notified a
reasonable amount of time before
the school:
 Initiates or changes identification,
evaluation, or educational placement or
the provision of a free appropriate
public education
 Refuses same
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32. Parent Participation
Consent Requirements:
 Consent must be obtained before:
 Beginning or changing student’s identification
as IDEA-eligible
 Conducting a preplacement evaluation
 Initial placement or change of placement
 Conducting a reevaluation
 Consent is voluntary and may be revoked
at any time
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33. Parent Participation
Participation in IEP Meetings:
 Schools districts must provide
notice, thereby ensuring that
parents have the opportunity to
participate in meetings that
address:
 Evaluation
 Educational program and placement
(The IEP Team)
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