1. Copyright © Allyn & Bacon 2008 Chapter 5 Individuals with Disabilities This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of any images; any rental, lease, or lending of the program.

2. Copyright © Allyn & Bacon 2008 Individuals with Disabilities Education Act of 1990 (IDEA) Mandatory Requirements IDEA succeeded Public Law 94-142, to the Education of All Handicapped Children Act of 1975. IDEA succeeded Public Law 94-142, to the Education of All Handicapped Children Act of 1975.

3. Copyright © Allyn & Bacon 2008 The IDEA essentially guarantees a disabled child, ages 3 to 21, the right to a free, appropriate education in public schools. The IDEA essentially guarantees a disabled child, ages 3 to 21, the right to a free, appropriate education in public schools. This act also establishes substantive and procedural due process rights. This act also establishes substantive and procedural due process rights.

4. Copyright © Allyn & Bacon 2008 Interpretation and Identification of Children with Disabilities The term children with disabilities is defined by the IDEA as those who meet the following conditions: The term children with disabilities is defined by the IDEA as those who meet the following conditions: Mental retardation, hearing impairments which include deafness, speech or language impairment. visual impairment including blindness, Mental retardation, hearing impairments which include deafness, speech or language impairment. visual impairment including blindness,

5. Copyright © Allyn & Bacon 2008 learning disabilities, brain injury, emotional disturbance, orthopedic impairments, autism, traumatic brain injury, specific learning disabilities, and other impairments who by reason of such conditions need special education and related services. learning disabilities, brain injury, emotional disturbance, orthopedic impairments, autism, traumatic brain injury, specific learning disabilities, and other impairments who by reason of such conditions need special education and related services.

6. Copyright © Allyn & Bacon 2008 Individualized Educational Program Requirement At a minimum, each individual educational program should include the following: At a minimum, each individual educational program should include the following: 1. A statement detailing the child’s present level of educational performance

7. Copyright © Allyn & Bacon 2008 2. A statement of annual goals, as well as short-term instructional objectives 3. A description of specific educational services to be provided and a determination as to whether the child is able to participate in regular educational programs

8. Copyright © Allyn & Bacon 2008 4. A description of transitional services to be rendered if the child is a junior or senior in high school, to ensure that necessary services are provided when the child leaves the regular school environment

9. Copyright © Allyn & Bacon 2008 5. A description of services to be provided and a timetable for providing these services 6. An explanation of relevant criteria and procedures to be employed annually to determine if instructional objectives are or have been achieved.

10. Copyright © Allyn & Bacon 2008 Equal Access to Assistive Technology for Disabled Students The Technology-Related Assistance for Individuals with Disabilities Act Amendments of 1994 provides financial assistance to states to support systems changes which assist in the development and implementation of technology-related support for individuals with disabilities. The Technology-Related Assistance for Individuals with Disabilities Act Amendments of 1994 provides financial assistance to states to support systems changes which assist in the development and implementation of technology-related support for individuals with disabilities.

11. Copyright © Allyn & Bacon 2008 Program Review and Changes Each IEP must be reviewed and revised annually, if necessary, to ensure that the continuing needs of the child are met. Each IEP must be reviewed and revised annually, if necessary, to ensure that the continuing needs of the child are met. If changes are contemplated, the child’s parent or legal guardian must be notified. If changes are contemplated, the child’s parent or legal guardian must be notified.

12. Copyright © Allyn & Bacon 2008 If either objects to the proposed changes, an impartial hearing must be held to resolve the conflict. If either objects to the proposed changes, an impartial hearing must be held to resolve the conflict. If this process proves unsuccessful, the parent or guardian may appeal to the state agency and subsequently to the courts if a resolution is not reached at the state level. If this process proves unsuccessful, the parent or guardian may appeal to the state agency and subsequently to the courts if a resolution is not reached at the state level.

13. Copyright © Allyn & Bacon 2008 Education-Related Service Requirement A related service is viewed as one that must be provided to allow the disabled child to benefit from special education. A related service is viewed as one that must be provided to allow the disabled child to benefit from special education. A related services may be a single service or an entire range of services or programs needed to benefit the child. A related services may be a single service or an entire range of services or programs needed to benefit the child.

14. Copyright © Allyn & Bacon 2008 Examples of such services include, but are not limited to the following: transportation, medical services, counseling services, psychological services, physical therapy, speech pathology, audiology, and occupational therapy Examples of such services include, but are not limited to the following: transportation, medical services, counseling services, psychological services, physical therapy, speech pathology, audiology, and occupational therapy

15. Copyright © Allyn & Bacon 2008 Least Restrictive Environment The IDEA embraces the notion that children with disabilities be placed in educational settings which offer the least amount of restrictions, when appropriate. The IDEA embraces the notion that children with disabilities be placed in educational settings which offer the least amount of restrictions, when appropriate.

16. Copyright © Allyn & Bacon 2008 The primary objective is to provide the disabled child an opportunity to interact, socialize and “learn” with regular students, thus minimizing the tendency to become stigmatized and isolated from the school’s regular program. The primary objective is to provide the disabled child an opportunity to interact, socialize and “learn” with regular students, thus minimizing the tendency to become stigmatized and isolated from the school’s regular program.

17. Copyright © Allyn & Bacon 2008 Inclusion of Children with Disabilities Inclusion is an extension of the traditional concept of mainstreaming. Inclusion is an extension of the traditional concept of mainstreaming. Its intent is to ensure as much as possible, and when appropriate, that disabled children be placed in regular classrooms. Its intent is to ensure as much as possible, and when appropriate, that disabled children be placed in regular classrooms.

18. Copyright © Allyn & Bacon 2008 Residential Placement Residential facilities are typically expensive and in most cases more restrictive for the disabled child. Residential facilities are typically expensive and in most cases more restrictive for the disabled child. However, IDEA requires such placements where there is sufficient evidence that residential placement is necessary to provide special education and related services to the disabled child. However, IDEA requires such placements where there is sufficient evidence that residential placement is necessary to provide special education and related services to the disabled child.

19. Copyright © Allyn & Bacon 2008 Disciplining Students with Disabilities It has long been held that disabled children may not be punished for conduct that is a manifestation of their disability. It has long been held that disabled children may not be punished for conduct that is a manifestation of their disability.

20. Copyright © Allyn & Bacon 2008 However, disabled students may be disciplined by school authorities for any behavior which is not associated with their disability using regular disciplinary procedures, as reflected in school policies. However, disabled students may be disciplined by school authorities for any behavior which is not associated with their disability using regular disciplinary procedures, as reflected in school policies.

21. Copyright © Allyn & Bacon 2008 In situations where certain types of discipline are warranted, an effort must be made to ensure that the punishment does not materially and substantially interrupt the child’s education. In situations where certain types of discipline are warranted, an effort must be made to ensure that the punishment does not materially and substantially interrupt the child’s education.