1. Highlight the general components of P.L. 94-142, and how IDEA benefits students who receive special education services.
2. Walk me through the eligibility procedures in deciding whether a student would benefit from receiving special education services.
3. Discuss measures that should be taken by educators to effectively accommodate students who receive special education services.
4. Highlight the differences between mediation and due process, and measures that you as an administrator can take to resolve conflicts between your school staff and parents.
Enacted in 1975, the Education for All Handicapped Children Act (Pl 94-142) was created for all children with disabilities to receive a free and appropriate public education. After reviews of the law every five years, small changes were made and currently the law is titled the Individuals with Disabilities Education Improvement Act or IDEA 2004. A nondiscriminatory assessment was also part of this act which required parental permission. This assessment would allow for an individualized education program (IEP) for the student to gain and maintain the most valuable education possible (Bateman, 2007). “Section 504 of the law defines an individual with a disability as one who has a physical or mental impairment which substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment” (Bates, 2007, p 22). There were essentially four purposes to the law. Along with providing services to meet the specific needs of the student with disabilities, the rights of these students and their parents would be protected, states would be given assistance to provide for student needs, and the effectiveness of the education would be assessed (Special Education and Rehabilitative Services, 2007).
Eligibility for special education services requires a referral process starting with screening activities. The earlier a child is identified the better it is for their development. If special education services are questioned, the teacher or caretaker first seeks parental permission to assess the child. The next step, according to Bateman (2007), is to seek information relevant to the student’s development. Questionnaires are completed regarding demographics and relevant family information, health and sensory information, cumulative school files, and current classroom progress.
After this information is reviewed, a group of individuals determine a plan to provide the student with learning opportunities in his or her least restrictive learning environment (LRE) (Bateman, 2007). This team uses scientific, research based interventions to determine if the student responds positively. The interventions are based on a tiered approach where students are first given extra support in the general education classroom. If the student does not respond to the first tier, the next approach is to give more intense instruction (including small groups). Schools may have different strategies implemented at this tier. Finally, if the student still does not progress, the student is given special education with an individualized education plan (IEP) (Fuchs & Mellard, 2007). A 504 plan may also be implemented if the student falls under Section 504 of the law. The RTI team continually meets during this process to determine the progress of the child. Bateman (2007) states, “The purposes of the consultation meetings are twofold: (1) to generate general education class supports (i.e., prereferral strategies) to help the student remain in general education and (2) to determine observation schedules needed to verify the student’s progress toward the general education class prereferral strategies” (p. 69-70). That being said, it is important to note that, “IDEA 2004 established a sixty-day timeline from receipt of parental consent for evaluation for eligibility to the determination of eligibility and the educational needs of the child, unless the state has already established a timeline for these activities. If the state has a deadline for completing the initial evaluation, the state deadline applies” (Bateman, 2007, p. 76).
Students who receive special education services will have an IEP. This plan allows for the best education possible for the student. One of the most important things a teacher can do is follow the plan in the IEP as outlined, not only for legal purposes, but to maintain consistency for the student achievement. If an educator is unsure of how to go about teaching the student according to their IEP, they should seek assistance from colleagues and administrators. Educators should hold a high standard to reach all children and following the accommodations will allow for their success as well. Another tip for educators to effectively teach students with an IEP is to communicate daily with parents. This will provide a positive environment for the student and allow the parents to feel comfortable with the teacher.
When problems arise where the IEP is not met or the parents are not satisfied with how the process is progressing, someone outside the system is called in to help resolve the dispute-mediation. Bateman (2007) states, “Mediation is especially productive when the main barrier is communication” (p. 41). There are three requirements for the mediation process including: voluntary involvement, it is not used to deny or delay a parent’s right to due process, and it is conducted by a qualified and impartial mediator who is trained in effective mediation techniques. At times, the dispute is resolved within 45 days and parents and teachers quickly get back to work educating the child (Bateman, 2007). However, this is not always the case; conflicts often arise and mediation can take much longer than the given time frame.
Due process is one step further than mediation. According to Bateman (2007), this hearing is conducted by the State educational agency or the local educational agency to resolve the complaint from the parent or guardian. The first step of due process is a preliminary meeting. Within 15 days of receiving the complaint, the local educational agency will send a representative with decision making authority to meet with the parent and IEP team, possibly a lawyer, and/or teacher. At this point the opportunity to resolve the problem is a top priority. If the conflict is not resolved within 30 days, a due process hearing may take place. When a resolution is reached, a written contract is created and either party has 3 business days to void the agreement.
Clearly, the goal of educators is to meet the needs of all students. The goal should be to avoid mediation and due process if possible. As an administrator, steps should be taken to prevent these types of situations when working with staff and parents. Communication is a very effective mode for positive relationships. As parents and teachers feel a sense of community with the school, the desire to comprise will improve. Bates (2007) describes strategies for avoiding due process hearings. It is imperative that the administration is knowledgeable about the purpose and requirements of disabilities laws, and that they believe in the principles of the laws. Teachers and administrators should also know how to serve children with disabilities. Adopting a team approach adds to the communication and community feel of the school, and as stated before, communication is essential. Professional development meetings and activities for staff and even parents are also a positive way to increase awareness and promote positive teaching styles and relationships. While each of these steps takes time and practice, the outcome proves to be positive and all parties will find success in teaching children.
References
Bateman, D.F. (2007). The special education program administrator’s handbook. Boston, MA: Pearson Education.
Fuchs, L.S., & Mellard, D.F. (2007). Helping educators discuss responsiveness to intervention with parents and students.[Brochure]. Lawrence, KS: National Research Center on Learning Disabilities.
Special Education and Rehabilitative Services. (2007, July 19). History twenty-five years of progress in educating children with disabilities through IDEA. Office of Special Education Programs. United States Department of Education, Washington, DC. Retrieved from: http://www2.ed.gov/policy/speced/leg/idea/history.html