OAE - Special Education 043 Content Chapter 9

Terms in this set (13)

• Zero reject. Schools must educate all children with disabilities, regardless of the nature or severity of the disability.
• Nondiscriminatory identification and evaluation. Schools must use nonbiased, multi-factored methods of evaluation to determine whether a child has a disability and, if so, whether the child needs special education.
• Free appropriate public education. All children with disabilities, regardless of the type or severity of their disability, shall receive a free appropriate public education (FAPE). To ensure appropriate education, an IEP must be developed and implemented to meet the specific needs of each child with a disability. A student's Individualized Education Program (IEP) is a legal document which, in part, details services to be provided to a student with special needs. Once all stakeholders have signed a student's IEP, the school district is obligated to meet the specifications within the IEP regardless of the expense.
• Least restrictive environment. Students with disabilities must be educated with children without disabilities to the maximum extent appropriate. Students with disabilities should be educated in separate classes or schools only when the nature or severity of the disability is such that they cannot receive an appropriate education in a general education classroom with supplementary aides and services.
• Due process safeguards. Schools must protect the rights of children with disabilities and their parents. Parental consent must be obtained for initial and all subsequent evaluations and placement decisions regarding special education. Parents/guardians must receive adequate notice for IEP team meetings. If the school and parents disagree on any provision of FAPE for the child, the parents/guardians can request a due process hearing. States must also offer mediation as a means for resolving issues.
• Parent and student participation and shared decision making. Schools must collaborate with parents/guardians and students with disabilities in the planning and implementation of special education and related services.
• Evidence-based practice. One of the significant requirements when Congress reauthorized IDEA in 2004 was the stipulation that students with disabilities receive educational and related services based on research, to the extent possible.
• Discipline. To assure that all students with a disability receive an appropriate education and that the schools are safe places for teaching and learning, IDEA provides protection for and regulates how schools may discipline students who qualify for special education services. For example, if a student receives a disciplinary action that would affect the student's placement for more than 10 days, the school must determine whether the behavior that required the action is a manifestation of the student's disability, or in other words is caused by the disability, has a direct and substantial relationship to the disability, or was directly related to the school's failure to implement the IEP as written. IDEA 2004 provides schools with the authority to consider unique circumstances on a case-by-case basis for violations such as bringing a dangerous weapon to school, selling or possessing illegal drugs, or inflicting serious bodily injury on another person while at school or at a school function. In these cases, the school district may unilaterally place a student in an interim alternative placement for up to 45 days.
• Response to Intervention. Schools must permit the use of alternative research-based procedures for determining whether a student is eligible for special education services.
• Early intervention services. Schools may provide academic and behavioral support for students who are not currently identified as requiring special education services. Local education agencies may not use more than 15% of the amount of special education money they receive on prevention.
• Extending special education to infants, toddlers, and preschoolers. Historically states did not provide services to infants, toddlers, and preschoolers with disabilities. Beginning with the 1990-1991 school year, P.L. 99-457 requires each state to fully serve all preschool children with disabilities ages 3 to 5 years. Specifically, states are required to provide preschoolers with the same services and protections available to school-aged children. The law also includes an incentive grant program to encourage states to provide early intervention services to infants and toddlers with disabilities and to their families. These early intervention services are prescribed and implemented according to an Individualized Family Service Plan (IFSP) written by a multidisciplinary team that includes the child's parents.
• Evaluations and individualized education programs. When the results of evaluations are discussed or individualized education programs are put in place, not all relevant personnel need to be present at these meetings if the parents/guardians and school agree to this arrangement in writing. However, parents/guardians and key educators who are not present must be informed of any changes to the IEP.
• Monitoring. The IEP must contain measurable annual goals, instructions on how progress toward annual goals will be measured, and the methods used to inform parents/guardians of their child's progress toward annual goals, including whether the child is on track to achieve the goals by the end of the year. Parents/guardians must be updated on their child's IEP goals as often as parents/guardians of students without disabilities receive information on educational progress (e.g., at the same intervals as report cards are sent home to all parents). Students who take alternate assessments must also have short-term objectives outlined within their IEP goals.
• Highly qualified teachers. IDEA requires that students with disabilities receive instruction from highly qualified teachers. Special education teachers must obtain state certification or pass the state special-education teacher licensing exam.
• Private schools. Students have no individual rights to services. A service plan is developed for individuals with disabilities, rather than an IEP.
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