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)