1. Public Law : 1975 Education for All Handicapped Children Act (EAHCA/EHA) IDEA: 1990 Individuals with Disabilities Education Act
Significant progress made in Special Education since it’s passage
Diana Dash, Carol DiRienzo, Stephanie Gaudette & Debora Tolliver

2. Special Education legislation in the U.S. prior to P.L. 94-142 of 1975
P.L of 1958 & P.L of 1959: 2 laws that provided training for professionals and teachers who worked with students with mental retardation (MR)
P.L of Teachers of the Deaf Act: provided training of teachers to work with the deaf or hard of hearing
P.L of 1965 – Elementary and Secondary Education Act
P.L of 1965 – State Schools Act: Granted funds to states to help educate
children with disabilities
P.L of 1968 – Handicapped Children’s Early Education Assistance Act: Funded early childhood intervention for children with disabilities.
P.L of 1968 – Architectural Barriers Act: required that certain Federally owned, leased or funded buildings and facilities be accessible to individuals with physical disabilities
P.L of Section 504 of the Rehabilitation Act: First civil rights legislation specifically intended to protect individuals with disabilities throughout their lifetimes.
P.L of 1974 – Family Education Rights and Privacy Act: gives parents of students under the age of 18 and students age 18 and over the right to examine records kept in the student’s personal file

3. Provisions
Free Appropriate Public Education (FAPE)/Zero Reject Least Restrictive Environment (LRE) Nondiscriminatory Identification and Evaluation Individualized Education Program (IEP) Procedural Safeguards/Due Process Federal Assistance Related Services

4. Public Law
Now that we have learned a little about the history before PL was implemented, what was the purpose of PL94-142?

5. Judicial History
“In 1975, The U.S. Congress passed and President Ford signed into law Public Law , the Education for All Handicapped Children Act (EAHCA). Legal milestones established by the Federal courts shape the resolution of the ongoing legal challenges to make "a free appropriate education" available to all individuals between the ages of three and twenty-one. Despite the considerable specificity of P.L and its implementing regulations over the past 15 years, the courts have still been required to play a major role in determining the meaning of the Act's provisions.”

6. PL was pursued by Congress as a response to the numerous children, approximately 1 million, that were being denied an opportunity to attend school and be educated like other children because they had a disability.

7. Congress’s focus regarding the denial of an appropriate education was mainly about two groups of children. - Children that were not able to attend educational facilities at all. - Children that were allowed limited access to an educational facility.

8. Purpose of PL94-142 There were four purposes to PL94-142
To assure that all children with disabilities have available to them…a free appropriate public education which emphasizes special education and related services designed to meet their unique needs.
To assure that the rights of children with disabilities and their parents…are protected.
To assist States and localities to provide for the education of all children with disabilities.
To assess and assure the effectiveness of efforts to educate all children with disabilities

9. With the passing of PL children with a disability were now guaranteed a free, appropriate opportunity to be educated in a school. This was done in all the states and localities throughout the United States. It allowed improved efforts so that children with a disability could be identified and educated.

10. It provided a chance to evaluate these efforts and more important provide the due process protection that would apply to children with disabilities and their parents. Educational facilities were provided with additional incentive funding to ensure that all educational facilities within the United States would comply with PL94-142

11. FAPE (Free Appropriate Public Education)
FAPE is one of six disciplines related to the Individuals with Disabilities Education Improvement Act (IDEA) of It states that each child recognized with a disability is entitled to a free appropriate public education. (FAPE)

12. One key component with FAPE is that any parent or family members cannot be approached for any form of payment for special education services that are provided by a school district.

13. As a matter of fact, if a student with a disability has to be educated outside the school district in which they live, the school district will have to take care of all the costs involved, including providing any transportation requirements.

14. There are three concepts that are to be incorporated with FAPE.
Special Education through specially designed instruction.
Related Services
Supplementary aids and services.

15. Individuals with Disabilities Act (IDEA)
Added use of appropriate diagnostic instruments and procedures to determine eligibility for special education services in areas of physical development; cognitive development; communication development; social or emotional development; or adaptive development

16. Amendment of 1997
Added: Least Restrictive Environment (LRE): Inclusion or mainstreaming of children with disabilities in general education classroom with non-disabled peers
To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are to be educated with children who are not disabled and special schooling or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes cannot be achieved satisfactorily
Parents must be given prior written notice before implementation of a change educational placement of a child

17. Added to LRE under Reauthorization 2004
…with appropriate supplementary aids and services based on educational needs
Including: assistive technology, modifications to regular class curriculum, assistance of a teacher with special education training, training for the regular education teacher note takers, use of resource room unless stated in IEP
Must maximize opportunities for interaction with nondisabled peers and provide a continuum of alternative placements to include: regular classrooms, special classes, special schools, home instruction, and institutional instruction (hospitals and institutions)
Requires an explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in extracurricular and other nonacademic areas

18. IDEA 1997 added Discipline Provisions to LRE
Under special circumstances school may remove a student from general education classroom for not more than 45 school days if the child carries a weapon to school and knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance on school premises

19. Added under IDEA 2004
Student can be removed if they have inflicted serious bodily injury upon another person
Manifestation determination gives 10 school days from change in placement due to violation of code of conduct to review relevant information to determine if caused by or directly related to the child’s disability or result of failure to implement the IEP.
If behavior determined a manifestation the IEP team must conduct a functional behavioral assessment and implement a behavioral intervention plan.

20. Non–Discriminatory Evaluation Procedures under IDEA 2004
Identification of students with learning disabilities:
Must not require the use of a severe discrepancy model
Must permit the use of a process based on the child's response to scientific, research-based intervention (RTI)
Shall not be considered to be a child with a disability if determined to be a lack of appropriate instruction in reading, math, or limited English proficiency
Data is required to demonstrates the child was provided appropriate instruction in regular education settings delivered by qualified personnel

21. A child may be determined to have a disability if they do not achieve adequately for the child's age or meet State-approved grade-level standards when provided with learning experiences and appropriate instruction or make sufficient progress using a process based on response to scientific research based intervention using appropriate assessments for:
Oral expression
Listening comprehension
Written expression
Basic reading skill, reading fluency skills and comprehension
Mathematics calculation and problem solving

22. Revisions in Initial Evaluation under IDEA
Either parent or public agency can make a request to determine if child has a disability
60 day time frame within which the initial evaluation must be conducted after receiving parental consent for the evaluation
Not applicable if parent repeatedly fails or refuses to produce the child for the evaluation or changes schools out of district
Use of a variety of assessment tools and strategies must be used to determine if child has a disability to gather relevant functional, developmental, and academic information  

23. Assessments and evaluation materials used to assess a child must be selected and administered to not be discriminatory and in their native language or other form of communication to obtain accurate information on what the child knows academically, developmentally, and functionally
 Determination of whether the child is a child with a disability and the educational needs of the child shall be made by a team of qualified professionals and the parent of the child   

24. Revisions in Reevaluation under IDEA 2004
Reevaluations of each child with a disability must be conducted if the district determines that the educational or related services of the child warrant a reevaluation
Parent or teacher can request a reevaluation
Limitations to reevaluations that they are not to occur more than once a year unless agreed upon by parent and public agency and must occur at least once every three years unless parent and public agency agree an evaluation is unnecessary   
If agency refuses it must provide written notice explaining reasons why and parent’s right to contest through mediation and due process

25. Individualized Education Program (IEP)
IDEA requires that public schools create an IEP for each student who is found to be eligible under both the federal and state eligibility/disability standards.
Must be designed to meet the needs of that one child in the Least Restrictive Environment
Specifies the services to be provided and how often
Describes the student’s present levels of performance and how the student’s disabilities affect academic performance
Specifies accommodations and modifications to be provided

26. IDEA requires a child’s IEP be developed solely based on the child’s needs and not based on pre-existing programs or services available in the district. The IEP is written to fit the student and the placement is chosen to fit the IEP.

27. IEP teams must include:
the child’s parent(s) or guardian(s)
regular education and special education teacher
school psychologist
related service personnel
an administrator
the child (if appropriate)

28. Required Content of an IEP:
The child’s present levels of academic and functional performance
Measurable annual goals
Special education services
Child’s progress toward meeting annual goals
Schedule of services
Program modifications or supports
LRE data
Accommodations for state and district assessments
Transition to adulthood at age 16
Any other pertinent information

29. Procedural requirement for
development of IEP
Determination of eligibility for special education
Parental consent prior to the start
School must conduct a full evaluation of the child in all areas of suspected disability
The school and parents then get together to review the results of the evaluation and determine whether special education services are needed

30. Developing an IEP The team needs to consider the child’s strengths
parent(s)/guardian concerns
results of the initial or most recent evaluation
academic, developmental and functional needs
communication needs

31. Determining the appropriate placement:
IDEA requires that the IEP be completed before placement decisions are made so that the child’s educational needs drive the IEP development process.
IDEA requires that children are to be educated with their non-disabled peers to the maximum extent appropriate. A child can only be placed in a separate school or special classes if the severity or nature of the disability is such that appropriate education cannot be provided to the child in the regular classroom, even with the use of supplementary aids and services.
When determining placement, the starting assumption must be the student’s current academic level and needs as evident by the disability.
The IEP team is responsible for conducting an annual review.

32. Procedural Safeguards/Due Process
Any decisions concerning a student with disabilities are made with parent input and in compliance with all aspects of the law.
This is where the parents/guardians get their power
Notice of procedural safeguards
Explanation of all procedural safeguards built into IDEA
Must be in an understandable language
A copy must be present at the IEP meeting
Parent/guardian must sign that they were given a copy
Parent right to review all educational records
Parent right to an independent evaluation
Parents/guardians may reject the recommendations

33. Schools must give parents/guardians a copy of the child’s IEP at no cost
Right to submit a complaint to SEA (State Education Agency)
Mediation (voluntary mediation to be provided by SEA at no cost to parents)
Impartial due process hearing
IDEA provides two methods of resolving disputes between parents/guardians and school districts
Mediation that may be a viable means to review small disagreements with the IEP.
Impartial Hearing which is a due process-based formal proceeding that allows the parents/guardians to challenge the district’s IEP in whole or in part.

34. Federal Assistance
“The state is required to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living.”

35. Federal Assistance – Who is Responsible?
It is binding on each public agency in the State that provides special education and related services to children with disabilities, regardless of whether that agency is receiving funds under Part B of the Act.
Private schools and facilities. Each public agency in the State is responsible for ensuring that the rights and protections under Part B of the Act are given to children with disabilities—
(1) Referred to or placed in private schools and facilities by that public agency; or
(2) Placed in private schools by their parents under the provisions
(National Dissemination Center for Children with Disabilities)

36. What are related services?
“Under the Individuals with Disabilities Education Act (IDEA), “related services" are a wide array of supportive services provided to children with disabilities to assist them in benefiting from special education. Specifically, the IDEA defines related services as transportation and such developmental, corrective, and other supportive services necessary for a child with a disability to benefit from special education. The need for related services is typically considered during the student’s admission, review, and dismissal (ARD) committee meeting as the committee reviews and discusses the student’s evaluation and assessment data.” (TEA 2008 p. 1)

37. What are some Related Services?
Audiology services
School health services (including assistance with health-related needs during the school day, e.g. catheterization)
Counseling services
Medical services (only to diagnose or evaluate a student’s disability)
Social work services in school
Speech-language therapy

38. What are some Related Services?
Occupational therapy
Transportation
Orientation and mobility services
Parent counseling and training
Physical therapy
Psychological services
Recreation
Rehabilitation counseling services
Interpreting Services
(TEA 2008 p. 1)

39. Legal Justification
“The legal justification for the provision of related services without qualifying for special education placement can be found in Section 504 of the Rehabilitation Act of This section prohibits discrimination based on disability within federal and federally assisted programs. Regulations promulgated by the Department of Education have more broadly defined the persons covered by this act, as well as the services that are to be provided. According to Section 504, all children should be provided with an appropriate education that could consist of education in regular classes, education in regular classes with the use of supplementary services, or special educational and related services.”
(Committee on Children with Disabilities 2000 p. 449)

40. Direct Services
Hands-on, face-to-face interactions between the related services professional and the student. These interactions take place in the classroom, gym, health office, resource room, counseling office, or playground. Typically, the related service professional analyzes student responses and uses specific techniques to develop or improve particular skills.
The professional will also typically:
monitor the student's performance within the educational setting so that adjustments can be made to improve student performance, as needed, and
consult with teachers, administrators and parents on an ongoing basis, so that relevant strategies can be carried out through indirect means (see below) at other times.
(TEA 2008 p. 3)

41. Indirect Services (TEA 2008 p. 3)
Involve teaching, consulting with, and/or directly supervising other personnel (including paraprofessionals and parents) so that they can carry out therapeutically-appropriate activities.
For example, a school psychologist might train teachers and other educators how to implement a program included in a student's IEP to decrease the child's problem behaviors.
Similarly, a physical therapist may serve as a consultant to a teacher and provide expertise to solve problems regarding a student's access to instruction.
(TEA 2008 p. 3)

42. References
Beyer, H.A. (1989). Education for all handicapped children act, ; a judicial history. High beam research. Retrieved from Building the Legacy: IDEA Accessed October 9, Committee on Children With Disabilities . "Provision of Educationally-Related Services for Children and Adolescents With Chronic Diseases and Disabling Conditions ." Pediatrics (2000): Connecticut’s Framework for RTI: Scientific Research Based Intervention (SRBI). Accessed October 9, Etscheidt, S. (2006) Least restrictive and natural environments for young children with disabilities: A legal analysis of the issues. TECSE, 26 (3), Friend, M. (2011). Understanding Special Education. In Special Education: Contemporary Perspectives for School Professionals (3rd ed.) (pp. 2-32). Boston, MA: Pearson. Harlacher, J., Nelson Walker, N., and Sanford, A. (2010) The “i” in rti: research based factors for intensifying instruction. TEACHING Exceptional Children, 42(6), Individualized Education Program. (n.d.). Retrieved from the OLPC Wiki: Individuals with Disabilities Education Act. (n.d.). Retrieved from the OLPC Wiki: Education_Act.

43. Individuals with Disabilities Education Improvement Act of 2004, Pub. L. No , 20 U.S.C.§ 1400 et seq. (2004) Retrieved from Lexis/Nexis database. Accessed October 9, Johnson, David R. "Key Provisions on Transition." National Center on Secondary Education and Transition. National Center on Secondary Education and Transition, 12/13/2007. Web. 20 Oct Retrieved from: Marlett, C. (2008) The effects of the idea reauthorization of 2004 and the no child left behind act on families with autistic children: allocation of burden of proof, recovery of witness fees, and attainment of proven educational methods for autism. Kansas Journal of Law and Public Policy, 18 (53), Retrieved from Lexis/Nexis database. Accessed October 19, National Dissemination Center for Children with Disabilities. Information resources: laws. NICHCY.org. Accessed October 2, Olguin, D. (2005). Legislation for Individual with Disabilities. Retrieved from: "Part B of IDEA: Services for School-Aged Children." National Dissemination Center for Children with Disabilities. National Dissemination Center for Children with Disabilities, n.d. Web. 20 Oct Russo, C., Osborne, A. & Borreca, E. (2005) The 2004 Re-Authorization of the Individuals with Disabilities Education Act. Education and the Law, 17(3), Retrieved from ERIC October 19, Special education in the United States. (n.d.). Retrieved from the OLPC Wiki:

44. TEA, . "Related Services for Students with Disabilities - Questions and Answers." TEA: Division of IDEA Coordination. (October 2008): 1-3. The Education for All Handicapped Children Act (PL ) (n.d.). Cengage Learning. Online Study Center. Retrieved from: spec_ed/legislation/pl_ html. U.S. Department of Education. (2007). History: Twenty-five years of progress in educating children with disabilities through idea. Special education and rehabilitative services. Retrieved from Wrightslaw. (2010) Accessed October 10, USCS.§ 1401 Ch.33. Education of Individuals with Disabilities Assistance for Education of All Children with Disabilities, United States Code Service Archive Directory. Retrieved from Lexis/Nexis Database. Accessed October 19, USCS.§ 1414 Ch.33. Education of Individuals with Disabilities Assistance for Education of All Children with 20 USCS.§ 1412 Ch.33. Education of Individuals with Disabilities Assistance for Education of All Children with 343CFR (B) Regulations of the Offices of the Department of Education, Chapter 111, Office of Special Education and Rehabilitative Services, Department of Education, Part 300(D), United States Code Service Archive Directory. Retrieved from Lexis/Nexis Database. Accessed October 19, 2010.