Legislation impacting the practice and pedagogy of students with disabilities are highlighted, including major national and state regulations as well as civil rights legislation. These important laws paved the way for inclusion of students with disabilities and outline the identification and assessment process.

In addition, this chapter describes the design and implementation of individual education plans as well as service delivery options; including a focus on full inclusion and the regular education initiative.

Learning Objectives:

• Identify the court cases that led to the enactment of Public Law 94–142.
• Summarize the key components of the Individuals with Disabilities Education Act from 1975 to 2004.
• Describe the legislative intent of Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act.
• Distinguish between inter- and intraindividual differences.
• Describe the difference between norm- and criterion-referenced assessments.
• Outline the steps in the referral process for the delivery of special education services.
• List the key components of an individualized education program (IEP) and an individualized family service plan (IFSP).
• Define mainstreaming, least restrictive environment, regular education initiative, and full inclusion.

Chapter Outline:

1. Key Special Education court cases
   
   1. Brown v. Board of Education of Topeka, Kansas (1954)
      
      1. Segregation by race is unconstitutional; paved the way for changes to the educational practices of the time that segregated by disability.
   2. PARC (Pennsylvania Association for Retarded Children) v. Commonwealth of Pennsylvania (1972)
      
      1. States must guarantee a free public education to all children with mental retardation ages 6-21 and younger if school districts provide services to preschool age children without disabilities.
   3. Board of Education addressed Hendrick Hudson Central School District v. Rowley (1982)
      
      1. First U.S. Supreme Court interpretation of PL 94-142 to determine what constitutes an “appropriate” education for a child with a hearing impairment. Appropriate is found to mean reasonable but not necessarily optimal accommodations.
   4. Daniel R.R. v. State Board of Education (1989)
      
      1. Established least restrictive environment based on whether pupil can make satisfactory progress in the general education classroom and if the student has been integrated to the maximum extent possible.
   5. Oberti vs. Board of Education of the Borough of Clementon School District (1992)
      
      1. Placement in the general education classroom with the support of aids and services must be offered to a student prior to considering more restrictive placements. Placement outside the regular education classroom in order to meet the student’s needs must be justified.
   6. Cedar Rapids Community School District v. Garret F. (1999)
      
      1. Expanded and clarified the concept for related services to include intensive and continuous health care services necessary for students to attend school that are not provided by a physician.
2. Key Special Education Legislation
   
   1. PL 94-142 The Education for All handicapped Children Act (1975)
      
      1. Free Appropriate Public Education (FAPE)
         1. FAPE guarantees that all students, regardless of the severity of their disability, will receive a public education that is free and appropriate (“zero reject” philosophy).
      2. Least Restrictive Environment (LRE)
         1. Children with disabilities are to be educated, to the maximum extent possible, with their classmates that do not have disabilities.
      3. Individualized Education Program (IEP)
         1. An educational plan that is designed to meet the individual needs of children who have disabilities that impact their educational performance. The IEP is discussed later in this chapter.
      4. Procedural Due Process
         1. Safeguards are provided including confidentiality of records, parents’ rights for access, rights to an independent evaluation, parents’ right to legal counsel and an impartial hearing regarding disagreements.
      5. Nondiscriminatory Assessment
         1. Prior to placement, a child must evaluated by a multidisciplinary team in all areas of suspected disability using tests that are not racially, culturally, or linguistically biased.
      6. Parental Participation
         1. Parents are considered equal partners and participate fully in the decision-making process for their child’s education.
3. Educational Reform: Standards-Based Education
   
   1. PL 107-110 No Child Left Behind Act of 2001
      
      1. Reauthorization of the Elementary and Secondary Education Act
      2. Annual testing for all students in certain grades to demonstrate adequate yearly progress in mathematics, reading, and science
      3. Public access to schools’ performance on tests
      4. Provides for parental choice in schools that do not meet annual progress goals
      5. Schools not making sufficient annual progress offer additional services to students
      6. Highly Qualified status for teachers
      7. Common Core State Standards Initiative, 2010
   2. PL 108-446 Individuals with Disabilities Education Improvement Act of 2004
      
      1. Reauthorization of IDEA; commonly called IDEA
      2. S education services aligned with national school improvement efforts
      3. IEP changes
         1. short term objectives only required for students taking alternative assessments
         2. IEPs must include present levels of performance
         3. Progress toward annual goals must be assessed and reported
         4. IEP team members may provide written input instead of attending
         5. IEP meetings may occur via telephone or video conferencing
         6. Minor changes may be made to an existing IEP without a team meeting
         7. Transition plans developed at age 16 and consideration of postsecondary goals is required
         8. Multi-year IEPs may be developed with parental consent
         9. The U.S. Department of Education developed new forms for the IEP and IFSP
      4. Identification of students with learning disabilities through Response to Intervention (RtI)
         1. States may choose not to use a discrepancy model for identification of a learning disability. They may opt to provide intensive interventions and if they don’t result in adequate progress for the student, a learning disability is assumed to be present and additional assessment is warranted.
      5. Highly qualified special education teachers
      6. Discipline
         1. Students who are removed from their current educational setting for more than 10 days must still receive special education services
         2. Interim educational placements may be used for up to 45 school days for offenses involving weapons or drugs or inflicting “serious bodily harm”
         3. IEP teams must consider whether a child’s disability contributed to their behavior and whether the school failed to implement the IEP appropriately
         4. Students remain in the current educational placement in the event of a hearing or mediation to resolve a dispute
      7. Due process
         1. Parents have a two year time limit for filing due process complaints
         2. A resolution session is required within 15 days before proceeding to due process
         3. Parents may recover litigation expenses if they prevail in due process hearings
      8. Evaluation of students
      9. Assessment participation
         1. All students participate in state- and district-wide assessments. States are allowed to assess up to 1 percent of students with alternative assessments.
4. Key Civil Rights Legislation
   
   1. Section 504 of the Rehabilitation Act of 1973
      
      1. This act employs a broader definition of eligibility than IDEA and states that no individual can be excluded, solely because of their disability, from participating in any program or activity receiving federal funding, including schools.
      2. Schools may be required to develop plans to meet the needs of students who require accommodations.
      3. Section 504 covers the entire lifespan not just the school years.
   2. PL 101-336 (1990): Americans with Disabilities Act (ADA)
      
      1. Designed to eliminate discrimination against people with disabilities in the public and private sectors.
      2. Expanded definitions of eligibility may include people with AIDS, substance abuse issues, or any impairment that limits a major life activity.
      3. Employers, mass transit systems, and companies who provide products and services must make “reasonable accommodations” for people with disabilities.
   3. PL 110-325: The Americans with Disabilities Act Amendments of 2008
      
      1. Reauthorization of the ADA; commonly called ADAA
         1. Became effective January 2009
         2. Broader interpretation of disability includes additional life activities (reading, concentrating, thinking) or body functions (such as immune system or neurological functioning)
         3. Interpretation of “substantial limitation” made without considering the effects of mitigating measures like medication or medical equipment
5. Identification and Assessment of Individual Differences
   
   1. Interindividual differences are differences between students (examples: height, sports skill, reading ability)
   2. Intraindividual differences are differences within a student (examples: individual strengths and weaknesses)
   3. Both are important considerations for the IEP team and classroom teacher
6. Referral and Assessment for Special Education
   
   1. Prereferral
      
      1. Interventions are designed by a support team and implemented within the classroom to assist a struggling child. The classroom teacher receives support in helping the child to succeed.
   2. Referral
      
      1. The child is referred for assessment because prereferral interventions were not successful. A referral can be made by a classroom teacher, parent, or other concerned party and must include information regarding the students’ progress and the supports and interventions that have been implemented. A committee reviews the information and obtains parental permission for further assessment if the documents warrant such action.
   3. Assessment
      
      1. Parents must provide permission for schools to conduct formal evaluations of their child. Assessments must be conducted in the child’s native language and the child must be assessed in all areas of a suspected disability. Assessment tools may include formal and informal measures such as standardized tests, interviews, observations and work samples. The goal is to develop a complete picture of the child’s strengths and needs using a multidisciplinary team approach. If a disability is present, a child may be eligible for an IEP if the disability impacts their educational performance. If the disability does not impact the child’s educational performance, the child may still be eligible for accommodations under Section 504.
         1. 1. Norm-referenced assessments
            2. Criterion-referenced assessments
   4. Instructional Programming and Appropriate Placement
      
      1. Eligibility for special education services
      2. Standards vary state to state
   5. Eligibility for Special Education Services
      
      1. The Multidisciplinary Team (MDT) uses a variety of assessments, including parent input, to determine if a child has a disability that impacts his/her academic abilities.
      2. If the MDT determines that the child has a disability that impacts his/her academic abilities, then the child is eligible for special education services and an IEP (or IFSP) will be developed.
      3. If the MDT determines that the child has a disability that does not impact his/her academic abilities, then the child may be eligible for a 504 accommodation plan.
7. Designing Individualized Instructional Programs
   
   1. An Individualized Education Program (IEP) is a written contract to provide supports and services to a student with a disability once the student has been found eligible for special education. A team, including the parents, uses the assessment information to develop a plan that will benefit the student in the LRE. The main components of an IEP include:
      
      1. Current performance: Statement of child’s present levels of educational and functional performance including how the disability may impact involvement in the general education curriculum
      2. Goal: Statement of measurable annual goals that address students’ academic and functional needs in the general education curriculum
      3. Special education and related services: Statement of special education, related services, and any additional aids or services the child needs.
      4. Participation with typical students: An explanation of the extent, if any, to which the student will not participate in the regular education classroom
      5. Participation in state- and district-wide assessment: Statement of any modifications that may be required in order for a student to participate in state- or district-wide assessments or a statement of how the student will be alternately assessed
      6. Dates and locations: Projected date for services, including location, duration and frequency of such services
      7. Transition services: Required at age 16; a statement of services to attain postschool goals in training, education, employment, and independent living skills
      8. Progress measuring: Statement of how goals will be measured and reported on a regular basis
      9. Age of majority: At least one year before reaching age of majority (generally, age 21), information regarding transfer of rights is given to students and families
   2. An IEP is created by a team that includes:
      
      1. A parent/guardian
      2. The student, when appropriate
      3. The child’s teachers including a general education teacher and a special educator
      4. A representative from the school district
      5. An individual able to interpret the instructional implications of the assessments conducted
      6. Other professionals as appropriate
   3. Individualized Family Service Plans (IFSP) supports infants and toddlers with disabilities and their families.
      
      1. Developed based on assessments by professionals and family input.
      2. Goals developed to reflect the family’s priorities and needs.
      3. Reviewed every 6 months
8. Placement Considerations
   
   1. Placement options (LRE)- Cascade of Service Delivery Options
      
      1. Regular Class: Students who receive the majority of their education in a regular classroom and receive special education and related services outside the regular classroom for less than 21% of the school day. This placement option also includes individuals who are provided with specialized instruction or services within the regular classroom setting.
      2. Resource Room: Students who receive special education and related services outside the regular classroom for at least 21% but less than 60% of the school day. Students are “pulled out” of the regular classroom and receive specialized instruction or services in a separate classroom for limited periods of time. Services may be individualized or offered in small groups. A common placement option for children with less severe disabilities.
      3. Separate Class: Students who receive special education and related services outside the regular class for more than 60% of the school day. Commonly known as a self-contained classroom wherein pupils, usually those with more severe disabilities, receive full-time instruction or, in a modified version, participate in nonacademic aspects of school activities. Classroom is located in regular school building.
      4. Separate School: Students who receive special education and related services in a public or private separate day school for students with disabilities, at public expense, for more than 50% of the school day.
      5. Residential Facility: Students who receive a special education in a public or private residential facility, at public expense, 24 hours a day.
      6. Homebound/Hospital: Students placed in and receiving a special education in a hospital or homebound program.
   2. Important Placement Considerations
      
      1. The Least Restrictive (LRE) option is the general education classroom because it provides the most access to children without disabilities.
      2. Increased emphasis on providing supports and services within the general education classroom.
      3. Students may need a more restrictive setting to meet their unique needs.
      4. LRE: Not a place but a concept
         1. There isn’t a “one size fits all approach” to special education that assumes that all students can have their needs met in the same location. Different students have different needs that may make some placement options more appropriate for some students than they are for other students with the same disability.
      5. Regular Education Initiative (REI): Focus on collaboration between regular and special educators to develop effective practices for all students
         1. A shared responsibility between special and general education educators increases collaboration and results in a greater ability to meet the needs of all students with and without disabilities in the classroom.
      6. Full Inclusion
         1. Full inclusion is the belief that all children with disabilities should be taught exclusively, with the appropriate supports, in the general education classroom. The LRE may not be the regular education classroom for some students although it should be the first consideration for placement when considering the continuum of service delivery options. IEPs require educators to justify educational placements outside of the general education classroom.
         2. CEC policy statement on full inclusion
9. Chapter Summary
   
   1. Litigation and Legislation Affecting Special Education
   2. Educational Reform: Standards-Based Education
   3. Civil Rights Legislation
   4. Identification and Assessment of Individual Differences
   5. Referral and Assessment for Special Education
   6. Designing Individual Instructional Programs
   7. Service Delivery Options