Legislation and the Individualized Education Program IEP

1
Legislation and theIndividualized Education
Program (IEP)

• Important Laws
• IEP definition, components, process, and purpose

2
How it all Began

• Preamble to the Constitution
• 1954 - Brown vs. Board of Education
• Separate but Equal (African Americans)
• 1962 James Meredith
• 1964 - P.L. 88-352 Civil Rights Act
• Riding on the Bus
• 1967 P.L 90-170
• 1972 - P.L. 92-318 Title IX of the Educational
  Amendments Act
• Separate but Equal (Women)
• 1973 - P.L. 93-112 Rehabilitation Act
• Separate but Equal (Disabilities)

3
P.L. 93-112 Rehabilitation Act of 1973

• Title V Section 504
• No otherwise qualified handicapped
  individual..shall, solely by reason of his
  handicap, be excluded from participation in, be
  denied the benefits of, or be subjected to
  discrimination under any program or activity
  receiving Federal financial assistance
• Least Restrictive Environment
• 504 Compliance Officer

4
Students with Disabilities

• the child who deviates from the average or
  normal child (1) in mental characteristics, (2)
  in sensory abilities, (3) in neuromuscular or
  physical characteristics, (4) in social or
  emotional behavior, (5) in communication
  abilities, (6) in multiple handicaps to such an
  extent that he requires a modification of school
  practices, or special education services, in
  order to develop to his maximum capacity (Kirk,
  1972)

5
P.L. 94-142 Education of All Handicap Children
Act 1975

• Five Rights (Ages 3-21)
• Free Education
• Appropriate Education
• Non-discriminatory testing, evaluation, and
  placement procedures
• LRE
• Due Process
• First legal basis for APE
• Direct and Related services
• All students receiving special education services
  under this law have an IEP
• Federal Financial Assistance (40 vs. 10)

6
P.L. 101-476 IDEAIndividuals with Disabilities
Education Act 1990

• Significant changes were made
• Language
• Transition (Age 16)
• SED
• ADHD Research
• Assistive Technology
• Services expanded to include Autism and TBI

7
IDEA Defined Categories

• Autism
• Deaf-blindness
• Deafness
• Emotional Disabilities
• Hearing Impairment
• Mental Retardation
• Multiple Disabilities
• Orthopedic Impairments

• Other Health Impairments
• Specific Learning Disability
• Speech or Language Impairment
• Traumatic Brain Injury
• Visual Impairment

8
How to Receive Services

• IDEA or 504?
• Process
• Identify
• Referral
• SST
• Assessment
• Qualification determination
• Needs vs. Benefits from
• Law
• IEP or 504

9
Individualized Education Program IEP

• IDEA (1990) - Re-defined the IEP (1975), its
  purpose, and process
• Written Document
• All Children Receiving Special Education Services
  under IDEA
• Multidisciplinary
• Services Received
• Physical Education

10
IEP Definition

• Definition
• The IEP is a written statement, developed by a
  multidisciplinary team, that highlights current
  performance and goals, needed services, and
  evaluation of such services
• 4 Members required at IEP Meeting

11
IEP Components

• Statements of
• Current Level
• Goals and Objectives
• Direct and Related Services to be Provided
• Percent of time not in general education
• Dates and Duration
• Annual Evaluation Procedures
• Statement of Transition Services

12
Transition Services

• Life after School
• OSERS Model
• Research Suggests (Perraino, 1992)
• Halpern (1993) Model
• Implications for Educators
• Quality of Life Issues

13
IEP Purpose

• LRE Educating children with disabilities to the
  maximum extent possible with children without
  disabilities
• The idea is that the further removed from the
  mainstream, the less likely they will live a
  normal life in society

• Main Purpose Document placement decision
• Criteria for having a disability in the subject
  matter under consideration
• Support services needed for participation in the
  least restrictive environment

14
IEP Process

• Series of Procedures
• ARD (Admission, Review, and Dismissal).
• Five phases (Sherrill, 1998)
• Identification
• Initial data collection
• Assessment, IEP meeting(4-5 participants), and
  Admission
• Program Implementation (Annual Review)
• Return to general education

15
P L. 99-457 Education of all Handicapped
Children Act Amendments of 1986

• Early intervention services (Birth - 2yrs)
• Individualized Family Service Plan (IFSP)
• Seven Components

16
P.L. 101-336 Americans with Disabilities Act of
1990

• All discrimination regardless of funding source
• Five areas are addressed
• Employment
• Public Accommodations
• Public Services
• Transportation
• Communication

17
P.L. 105-17 IDEA-RIndividual with Disabilities
Education Act Amendments of 1997

• Training Highly Qualified
• Involvement GE
• Transition - 14
• Assessment - Participation
• IEP Statements Not Participate in GE

18
P.L. 108-446 IDEIAIndividual with Disabilities
Education Improvement Act 2004

• Highly Qualified
• Bachelors degree
• No waivers
• Special training
• Learning Disabilities
• Elimination of wait to fail model (severe
  discrepancy)
• Transition (age 16)

19
Perkins Vocational Education Acts

• 1984 (PL 98-524) Vocational Education Act of
  1984
• Serve students who had been traditionally
  underrepresented in vocational programs
• Equal access of all programs and services that
  would assist individuals with disabilities in
  entering and/or succeeding in vocational programs
• Matching state and local funds must be made
  consistent with federal appropriations
• Outlined recruitment, enrollment, and placement
  activities Purpose? Increase enrollment

20
Perkins Vocational Education Acts

• 1990 (PL 101-392) Vocational and Applied
  Technology Education Act Amendments of 1990
• Continued themes of previous act
• Took away set-a-side funds but ALL students
  were to have access
• Enrollment increased, however
• NAVE report (97 of students earned some credit
  (e.g., business course or technology education
  course) in vocational education, but only 25
  took a sequence of courses in a specific area
  (e.g., cosmetology).
• Tech-Prep programs (articulated programs between
  a vocational content area in high school and the
  community college (AKA 22 or 24 programs)

21
Perkins Vocational Education Acts

• 1998 (PL 105-332) Vocational and Applied
  Technology Education Act Amendments of 1998
• Builds on previous act
• Term special populations individuals with
  disabilities, individuals from disadvantaged
  families, individuals preparing for
  nontraditional training and employment, single
  parents, displaced homemakers, and individuals
  with other barriers to educational achievement,
  including individuals with limited English
  proficiency.
• Individuals with academic disadvantages and
  individuals in correctional facilities are no
  longer included in this definition.

22
Workforce Investment Act of 1998

• PL 105-220
• Purpose to consolidate, coordinate, and improve
  employment, training, literacy, and vocational
  rehabilitation programs in the United States.
• Intent was to improve employment and training
  programs for all individuals