| SPECIAL EDUCATION
INDIVIDUALS WITH DISABILITIES EDUCATION
ACT (IDEA)
(Including 1997 revisions)
INDIVIDUALS WITH DISABILITIES
EDUCATION ACT (IDEA)
The Individuals with Disabilities Education Act (IDEA) was initially
passed in 1990 as a revision of P.L. 94-142, the original legislation
that implemented special education programs in all public schools
in 1974. In 1997, the United States Congress reauthorized this law.
Areas of emphasis in IDEA, including the 1997 revisions,
include:
These areas of emphasis are reflected in the following new provisions
for 1997:
- Parental notice and involvement in the referral / assessment
/ eligibility process
- Triennial evaluations are the decision of the IEP committee
- Parental permission is required to conduct a triennial evaluation
- Inclusion of the general education teacher is required in
order to address general education curriculum when developing
the IEP
- Mediation of differences between parent and school must be
offered
- Disciplinary procedures allow unilateral placement of students
with disabilities to 45-day alternative program if drugs / weapons
are involved - a behavior management plan must be developed
- Transition services for students ages 14 and up
- Notice to school division is required by parents in
unilateral placements outside the school division
- Inclusion of students with disabilities must be considered
in statewide assessments (Virginia's SOL testing)
Parental Involvement
The IDEA (1997) emphasizes the inclusion
of parents in the decision-making process for students with disabilities
at all levels of referral, assessment, eligibility, planning,
and accountability. This is reflected in the following
provisions for parent involvement:
- Parents are provided a copy of their procedural safeguards
upon request and at a minimum upon: initial referral, each notification
of an IEP meeting, reevaluation of the student, and receipt
of a due process request.
- Parental permission is necessary for initial and ongoing assessment
and placement of the child in special education programs
- Parent involvement in the decision-making process, which determines
the child's eligibility for special education services,
is mandatory
- Parents are required to participate in the development of
the child's Individualized Educational Program (IEP)
once the child has been found eligible
- Parents must be notified of the child's progress on the goals
and objectives of the IEP each regular reporting period
of the school
Child Study Process
The child study process is a screening activity
to identify students experiencing learning problems that may be
due to learning differences, adjustment problems, attention difficulties,
and / or cultural differences that may be hindering their educational
development in general education classrooms. Any general education
student may be referred to the child study process by a teacher,
parent, guardian, student, counselor, administrator, or other
professional involved with the student. The parent should be notified
immediately of the referral and provided an opportunity to participate
in the process.
The child study committee consists of the following persons:
- Principal / designee
- Student's classroom teacher
- Specialists in the area of difficulty
- Parent
The purpose of the child study committee is to involve administrative,
instructional, and support personnel in providing alternatives and
interventions within the general education classroom. Every effort
should be made to support and accommodate students within the general
education classroom. These accommodations may involve:
- Analyzing the student's learning and behavioral characteristics
and needs
- Assessing aspects of the curriculum, teaching methods and materials,
and school and home environmental factors that influence the student's
learning and adjustment
- Developing, implementing, and monitoring written instructional
modifications or accommodations in the general education classroom
to improve student performance
Referral for
Special Education Assessment
Referral Process
Once a student referred for child study has been accommodated
in the general education classroom, and those accommodations have
been documented, the child study committee should continue to meet
in order to evaluate the on-going needs of the student in relation
to academic and behavioral performance. If, after repeated interventions,
the student continues to perform poorly within the general education
setting, a referral for assessment for eligibility of special
education services may be appropriate.
A referral for special education assessment may be initiated by
the child study committee or- if deemed of such a serious nature
that the child study process is not appropriate- by the student's
parent, teacher, administrator, counselor, or other professional
involved with the student.
Unsatisfactory achievement following concerted efforts to provide
alternative or compensatory instructional and learning activities
may indicate a disability requiring specially designed instruction.
For these students, instruction may be more effective in an appropriate
special education program in the least restrictive environment.
In order for a student to be served in special education programs,
a student must be found eligible according to one or more
of the categories of disabilities outlined in the IDEA.
The school division must conduct a formal assessment to determine
eligibility for these services. Before this assessment can
be conducted, however, the school must notify the parent of the
referral and secure signed parental permission for the assessment,
outlining the rights of due process afforded the parent and student
as well as the conditions under which the assessment will take place.
Assessment Process
Once the assessment process has been initiated through the referral
process outlined above and the school division has received written
parental approval, the following assurances apply:
- A 65 day timeline is in effect from point of formal referral
to the culminating IEP committee meeting that determines
services
- The student shall be assessed in all areas related to the suspected
disability
- Testing and evaluation materials and procedures are:
- Validated for the purposes for which they will be used
- Selected and administered so as to not be racially or culturally
discriminatory
- Provided and administered in the child's native language
and/or other mode of communication
- Administered by trained qualified personnel and in conformance
with the instructions provided by their producers
There are four basic components that comprise the core of the multi-disciplinary
assessment (in addition to the vision/hearing screening). These
are:
- Educational / Developmental
- Medical
- Sociocultural
- Psychological
(Other assessments as deemed necessary may include: speech/language,
audiological, neurological, and / or psychiatric.)
Eligibility
Process
The Eligibility Committee is a multidisciplinary team, which reviews
the assessment components, any pertinent information solicited from
and reported by an outside agency, and any other special reports
in order to determine if the student meets the criteria of one or
more of the categories of disabilities, as defined in IDEA.
The committee determines eligibility for special education services
only after completion of the referral and assessment process.
The committee is comprised of the following individuals:
- Parent
- Principal / designee
- Special Education contact person / designee
- School division personnel who have conducted the assessment
- Student's general and /or special education classroom teacher
- Other school personnel who may be responsible for providing
special education services
The decision of the Eligibility Committee provides the basis for
the IEP development and placement in special education
programs.
Categories
of Disabilities
The following categorical definitions are strictly adhered to by
Newport News Public Schools when determining a disability:
- Autism - A developmental disability significantly affecting
verbal and non-verbal communication and social interaction, usually
evident before age 3, that adversely affects a child's educational
performance. Other characteristics often associated with autism
are engagement in repetitive activities and stereotyped movements,
resistance to environmental change or daily routine, and unusual
responses to sensory experiences.
- Deaf-Blindness - Concomitant hearing and visual impairments,
the combination of which causes such severe communication and
other developmental and education problems that they cannot be
accommodated in special education programs solely for deaf or
blind children.
- Deafness - Hearing impairment that is so severe that
the child is impaired processing linguistic information through
hearing, with or without amplification, that adversely affects
educational performance.
- Developmental Delayed - A significant delay in one or
more of the following areas:
- Cognitive ability
- Motor skills
- Social / adaptive behavior
- Perceptual skills
- Communication skills
- Hearing Impairment - An impairment in hearing, whether
permanent or fluctuating, that adversely affects a child's educational
performance but which is not included under the definition of
deafness in this section.
- Mental retardation - Significantly subaverage general
intellectual functioning existing concurrently with deficits in
adaptive behavior and manifested during the developmental period,
which adversely affects a child's educational performance.
- Multiple Disabilities - Concomitant impairments, the
combination of which causes such severe educational problems that
they cannot be accommodated in special education programs solely
for one of the impairments. This term excludes deaf-blindness.
- Orthopedic Impairment - A severe orthopedic impairment
which adversely affects a child's educational performance.
- Other Health Impairment - Having limited strength, vitality,
or alertness due to chronic or acute health problems, which adversely
affect educational performance.
- Emotionally Disabled - A condition exhibiting one or
more of the following characteristics over a long period of time
and to a marked degree, which adversely affects educational performance:
- An inability to learn which cannot be explained by intellectual,
sensory, or health factors
- An inability to build or maintain satisfactory interpersonal
relationships with peers and teachers
- Inappropriate types of behavior or feelings under normal
circumstances
- A general pervasive mood of unhappiness or depression
- A tendency to develop physical symptoms or fears associated
with personal or school problems
The term excludes students who are socially maladjusted, unless
they are emotionally disabled.
- Specific Learning Disability - A disorder in one or more
of the basic psychological processes involved in the understanding
of or in using language, spoken or written, which may manifest
itself in an imperfect ability to listen, think, speak, read,
write, spell, or to do mathematical computations. The term excludes
students who have learning problems primarily as the result of
a visual, hearing, or motor impairment; mental retardation; emotional
disability; or of environmental, cultural, or economic disadvantage.
- Speech or Language Impairment - A communication disorder,
such as stuttering, impaired articulation, a language impairment,
or a voice impairment, which adversely affects a child's educational
performance.
- Traumatic Brain Injury- an acquired injury to the brain
caused by an external physical force; resulting in total or partial
functional disability or psychological impairment, or both, that
adversely affects a child's educational performance.
- Visual Impairment-a visual impairment which, even with
correction, adversely affects a child's educational performance.
The term includes both partial sight and blindness.
Triennial Evaluation
(Reevaluation)
Students placed in special education must have their
individualized educational programs re-evaluated every
three years. A re-evaluation of each student's educational strengths
and weaknesses forms the foundation for determining the student's
educational needs. Revisions in the IDEA for 1997, concerning
the triennial (three-year) reevaluation, include:
- After a thorough review of the information available regarding
a student's present level of performance, the IEP committee
(this includes the parent) is responsible for making a decision
as to the amount and kind of new assessments needed to address
the student's individualized educational program. If the
decision is not to conduct new assessment, the parents must be
informed of such decision, reasons for it, and their right to
request new assessment.
- Informed parental consent must be sought by the school division
before any new assessment can take place. The school division
may proceed with new assessment if the school division can show
that it has taken reasonable measures to obtain this consent and
the parents have failed to respond.
- A triennial evaluation must include new assessments if
the parent requests it.
- A triennial evaluation should include new assessments,
if:
- Additional information is needed for continued placement
and/or delivery of services
- The IEP committee is considering a change of placement,
including dismissal from special education services.
Other provisions related to issues of evaluation for students
already found eligible for special education services include:
- A reevaluation must be conducted before determining that
a child with a disability is no longer eligible for special
education services.
- A referral for assessment that addresses specific
eligibility criteria for related services may take
place at any time after the student has been found eligible
for special education services. Timelines that apply
to initial assessment also apply to referrals for related
services.
Individualized Educational
Program (IEP)
An individualized educational program (IEP) is developed
for each student who is determined eligible for special
education services. Students are then taught in accordance with
their individualized needs and as reflected in their individual
educational program (IEP).
A committee made up of the following persons develops the IEP:
- A representative of the school division, other than the child's
teacher who is qualified to provide or supervise the provision
of special education
- An individual who can interpret the instructional implications
of evaluation results (can be another member of the committee
other than the parent)
- The child's special education teacher/provider and general education
teacher, if the student is currently receiving instruction in
the general education classroom
- Parents or legal guardians
- The child, when appropriate
- Other individuals, at the discretion of the parents or the school
division
It is the responsibility of the student's IEP committee to develop
the students program in accordance with the assurances outlined
in the IDEA. These assurances include all of the following:
- Consideration by the committee of information from a variety
of sources, with appropriate documentation
- Decisions of the committee are based upon:
- The opinions of a variety of persons, including those knowledgeable
about the child
- The meaning of the evaluation data
- The continuum of options available for special education
services, including an appropriate consideration of the least
restrictive environment
- Meetings must be conducted periodically to develop, review,
or revise the IEP (with at least one annually)
- Parents will be notified in writing of the time, date, place,
persons who will be in attendance, and issues to be addressed
at each IEP meeting. The meeting may proceed without the parents
in attendance, if the school division has made and documented
repeated attempts to either: a.) contact the parent or b.) convince
the parent that their presence at the meeting is important, without
success.
Additional assurances about the IEP include:
- The IEP is in effect before special education and related services
are provided to the student
- The IEP is developed within 30 days of a determination that
the student is eligible for special education and/or related
services
- The IEP is implemented as soon as possible following the IEP
meeting
The content of the written IEP should include the following items:
- A statement of the child's present level of performance, including
the effect of the child's disability upon the child's involvement
and progress in the general education curriculum
- Annual goals and objectives, related to meeting the child's
needs, that result from the child's disability so that the child
can be involved in and progress in the general education curriculum
- Specific special education and related services
- The extent to which the child will not participate in the general
education classroom or activities
- A statement of modifications needed for statewide assessment
or district-wide testing, or if the student will not participate,
a statement of why the assessment is not appropriate and how the
child will be assessed
- A statement of the beginning date for services and modifications,
anticipated frequency, location, and duration
- A statement of transition service needs at age 14 and
annually there after, and a statement of the transition services
and agency linkages at age 16, or younger, if needed
- One year before the student reaches the age of majority, a statement
that the child has been informed of the transfer of rights, if
any, that will transfer at the age of majority
- A statement of how the progress toward the annual goals will
be measured and how often progress reports will be provided to
the parents
Additionally, it is the role of the IEP team to consider:
- The strengths of the child and concerns of the parents for enhancing
the education of the child
- The results of the initial or most recent evaluation
- Interventions, strategies, and supports to address the behaviors
of students which impede learning
- Instruction in Braille for children who are blind or visually
impaired, unless the team determines after an evaluation that
Braille is not appropriate
- Communication needs of the child, including opportunities for
direct communication in the child's language and communication
mode and whether the child requires assistive technology
devices and services
- Extended school year services as necessary to provide FAPE to
children with disabilities
Transition
Transition services include a coordinated set of activities
for a student with disabilities that is designed to promote movement
from school to post school activities. These activities may include:
- Post-secondary education
- Vocational training
- Integrated employment (including supported employment)
- Continuing and adult education
- Adult services
- Independent living
- Community participation
Beginning at age 14, or younger if appropriate, and every year
thereafter, the student's IEP must reflect appropriate planning
for student needs and, at least by age 16, subsequent services that
will address those needs through agency linkages. Therefore, the
active involvement of community agencies during the IEP process
of students age 16 and up is of utmost importance. If a participating
agency fails to provide the identified services needed, the IEP
team must meet and develop alternative strategies to meet the transition
objectives.
The transition plan should, beginning at age 14 and every year
thereafter:
- Include the participation of the parent, teacher, student, and
other appropriate school and agency professionals
- Be based on the individual student's needs taking into account
the student's preferences and interests
The transition portion of the IEP document should include
the following areas, as deemed appropriate by the IEP committee:
- Instruction
- Community experiences
- The development of employment and other post-school adult living
objectives
Related Services
Once eligibility for special education services has been
determined through the formal referral and assessment process
a student with a disability may also be found eligible for
related services. Formal referral and assessment for eligibility
for a related service must follow the same procedures as those for
initial assessment. The IDEA defines a related service as
a support service that is required to assist a child with a disability
to benefit from special education. An array of related services
are available in Newport News Public Schools for students with disabilities
that are found eligible for each related service. These services
include:
- Speech and language
- Audiology
- Psychological
- Physical and occupational therapy
- Recreational therapy
- Counseling
- Medical
- School health
- Social work
- Parent counseling and training
- Orientation and mobility
Certified professionals in the appropriate fields either deliver
direct services or act as consultants to classroom teachers, as
is deemed appropriate through the assessment and IEP
process. Students are then scheduled for the related service according
to individual need, as determined by the IEP committee.
Assistive
Technology
Newport News Public Schools has for several years addressed issues
related to the use of assistive technology devices/services for
individual students with disabilities who exhibit a clear need for
them, as required by:
- Special education
- Related services
- Supplementary aids and services
An assistive technology
consultant assists special education teachers, occupational therapists,
and the IEP team in assessing the needs of a student with
a disability regarding the use of such devices / services.
Enhanced communication is the primary purpose of providing these
services to students who might receive substantial benefit from
the use of them. Any referral for assistive technology assessment
for a student with a disability must be initiated by the IEP
committee, after a thorough consideration of both the student's
abilities and needs. Newport News Public Schools has its own assistive
technology resource center.
State Accountability
Programs
Virginia's Assessment Program for the Standards
of Learning (SOLs)
The new provisions in the reauthorized IDEA for 1997 emphasize
accountability in several ways. The IEP must address the
extent to which the student with a disability can be expected to
participate in the general education curriculum and classroom activities.
The measurement of a student's progress in such curriculum is also
mandated. The Commonwealth of Virginia has designed a series of
tests for all students enrolled in public schools in Virginia, by
which progress toward a set of standards of learning (SOLs),
is to be measured. The IDEA assures the right of all students
with disabilities to participate in this assessment.
Therefore, it is the role of the IEP committee to determine
to what extent the student with a disability will participate in
the SOL testing each school year. The following criteria should
serve as a guide for this decision-making process regarding individual
student involvement:
- Extent of instruction in the general education curriculum for
that grade level
- Extent of time spent in the general education classroom
- Extent of coverage of material addressed by SOLs on student's
IEP goals and objectives
- Extent and nature of accommodations and modifications student
receives in general education classroom and/or in relation to
general education curriculum, as indicated on the IEP
The Newport News School Division
does not discriminate on the basis of race, color, national
origin, sex, creed, marital status, age or disability in its
programs, activities, or employment practices as required by
the Title VI, Title VII, Title IX, Section 504, and ADA regulations.
Regina Harris, HR Compliance Supervisor, Human Resources, Newport
News Public Schools, at 12507 Warwick Blvd., Newport News, VA
23606, (757-881-5061), is responsible for coordinating the division's
efforts to meet its obligations under Section 504, Title IX,
the ADA, and their implementing regulations.
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