The individuals with disabilities education act mandates

Qualification for Benefits Pursuant to the Individuals with Disabilities Education Act (IDEA)

The IDEA (20 U.S.C. §§1400-1482) is a federal law which requires that a child with a serious emotional disturbance is entitled to public school special education and related services if the emotional disturbance adversely affects the child’s educational performance (20 U.S.C. §1401). Emotional disturbance is defined as a condition exhibiting “[i]nappropriate types of behavior…under normal circumstances…” “…for a long period of time and to a marked degree that adversely affects…[the] child’s educational performance” (34 C.F.R. §300.8(c)(4)). This seems to open the door for claims that a child’s behavioral addiction is a proper basis to obtain IDEA protection. However, like some of the other areas of law discussed, there is a lack of precedent granting protection for behavioral addiction. Nevertheless, IDEA claims based on students’ behavioral addictions can be expected. For example, is a high school student suffering from an online gaming addiction entitled to IDEA protection that precludes enrollment of the student in any course involving required use of the Internet or a computer?

Students with Attention Deficit Hyperactivity Disorders

The IDEA does not represent attention-deficit hyperactivity disorder (ADHD) as a distinct category (Yell, 2004). For that reason, children with ADHD who do not qualify for eligibility for special education are served under Section 504 of the Vocational Rehabilitation Act of 1973. The IDEA is very specific while 504 is broad and subject to interpretation. Consequently, many administrators provide services for ADHD students who may not be eligible for special education services under the IDEA. Because of the condition of the students with ADHD, they require medication. Students with ADHD fall under the following classification:

For some students with ADHD, inattention is the primary problem. These students might skip salient information of an assignment, may appear to be daydreaming during large group instruction, are disorganized, and generally seem forgetful both in school and at home. This variability of disorder is referred to as ADHD-predominantly inattentive type.

For another group of students with ADHD, the salient symptom is a combination of hyperactivity – high amount of movement, and impulsivity – the ability to think before acting. Fidgeting is a common phenomenon for students with this type of ADHD. By looking at them one would think that they have an internal engine that does not stop and talks a lot. This type of ADHD is called ADHD-predominantly hyperactive-impulsive type.

Some students with ADHD have symptoms suggesting that both inattentive and hyperactivity–impulsivity are part of this disorder. These students are referred to as having ADHD combined type.

As it stands, ADHD is considered neurological, chronic, long term, and acutely acquired. The primary trait of this condition is an inability to attend beyond what is typical for peers of comparable age. Significant impulsivity also may be a characteristic. The ADHD is not situational in that it affects children and adults who have it across all settings. However, the symptoms may be most conspicuous at school because of the structure and expectations there. Surprisingly, students with ADHD are more likely to have a productive deficit rather than an acquisition deficit. That is, they take information in and sometimes surprise their teachers by what they know. The greatest difficulty often lies in the production, that is, in completing their work. Apparently ADHD is not caused by environmental situations or other disabilities, but may be present with them.

Since the goal of any educational program is to maximize the fullest potential of students, the use of medication, though controversial, has become the norm for students with ADHD. Some educators perceive the use of medication as a quick fix and argue that it is being overused. Other educators argue that medication is effective and calms down students with ADHD and thereby increases their productivity (Fornes et al., 1999; Lloyd et al., 2006; Molina and Pelham, 2001). According to the United States National Institute (2006), approximately 2.9% of all students aged 18 and younger in the United States take medication. Clearly, taking medication usually reduces significantly the amount of daydreaming or disruptive behavior. Stimulant medication such as Ritalin, Dexedrine, Cylert, Adderall, and Focalin are among the most common medication administered to students with ADHD. There are antidepressant medication such as Norpramin, Tofamil, Prozac, Zoloft, and many others that are administered for various reasons. As a result, it is critical for school personnel to observe their students daily and form opinions about the seriousness of their behaviors and what might be beneficial for them. However, school personnel do not have the expertise to recommend to parents what might help them. Teachers’ preparation programs should endeavor to equip pre service teachers with techniques such as functional behavior assessment and analysis so that they can know how to positively deal with the disruptive behavior of ADHD students.

Educational Legal Rights and Considerations

In addition to a one-page introduction letter, it is helpful if parents (and clinicians) are familiar with several pieces of key legislation that pertain to a student’s legal rights to an education. This information is essential for parents when preparing to meet with school personnel to discuss educational supports such as accommodations, a “504 Plan,” and individualized education program (IEP).

The Individuals with Disabilities Education Act (IDEA). It is a federal special education law that mandates how federally funded public agencies (e.g., public schools) provide special education, early intervention, and related services to youth with disabilities (or suspected disabilities) by way of an IEP. Section 1400(d) of IDEA states:

“The main purposes are:…to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment and independent living” and “to ensure that the rights of children with disabilities and parents of such children are protected…”

Section 504 of the Rehabilitation Act of 1973. It ensures that children with disabilities have equal access to an education similar to students who do not have disabilities and prohibits discrimination against those who are enrolled in federally funded programs (Rehabilitation Act of 1973, 1973). This act states that:

No otherwise qualified individual with a disability in the United States … shall solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

Section 504 of the Act provides the basis for “504 Plans” providing services, accommodations, and modifications allowing students with disabilities to receive equal access to a free and appropriate education from schools that receive federal funding.

Family Educational Rights and Privacy Act (FERPA). It is a federal law that protects the privacy of student education records and applies to all schools that receive public funds (FERPA 20 U.S.C. § 1232g; 34 CFR Part 99). While there are many aspects of this act which parents should familiarize themselves (e.g., rights to student’s education records), clinicians should be aware that schools will need parental (or legal guardian) consent to share educational records with the clinician that are protected under IDEA (e.g., educational record), as well as any personal health information (PHI) for which the school might be responsible (e.g., medications the student receives). Without parental consent, schools may only disclose “directory information” about a student (e.g., name, address, telephone number). Therefore, it is essential for clinicians to obtain parental consent to contact the schools when coordinating care.

3.1.1 Individuals with Disabilities Education Act

The Individuals with Disabilities Education Act (IDEA) is the latest manifestation of the public education law called the Education for All Handicapped Children Act (EAHCA, also referred to as Public Law 94-142). A major emphasis of the 1997 reauthorization of IDEA is the inclusion of specific requirements regarding the active recruitment and participation of parents throughout the evaluation process. Specifically, school personnel are now required to (a) notify parents in advance to ensure that they will have the opportunity to attend each meeting related to their children’s educational programming, (b) schedule meetings at a mutually determined time and place (even in the home if necessary and appropriate), and (c) arrange other means of including parents if they are unable to attend the meeting (e.g., teleconferencing).

In addition to ensuring that parents are able to actively participate in meetings related to their children’s educational programming, IDEA mandates and outlines several parental rights and responsibilities. Specifically, parents are entitled to input during evaluation, eligibility, and placement. That is, in addition to contributing to the pool of information that will be used during the assessment of their children and that may result in special education placement, parents are afforded an opportunity to voice their opinions and contribute to the final decisions when the teams (of which parents are key members) determine (a) eligibility (i.e., declare whether students meet the specific predetermined criteria for placement under a qualifying category of disability as defined in IDEA), (b) accommodations that will be necessary to meet students’ individual needs (as determined by goals and objectives outlined in the students’ team-generated individualized educational plans [IEPs]), and (c) placement (i.e., where children will receive their educational programming, e.g., resource room, general education classroom, some combination thereof).

Once students are identified and placed under the umbrella of special education and related services, they are entitled to a reevaluation at least every 3 years from their initial or latest evaluation to determine whether they continue to meet eligibility criteria for services. Parental permission for reevaluation is mandatory. Parents are also entitled to receive regular reports on their children’s progress, and parents may request changes to educational programming (i.e., revisions of children’s IEPs) to address any lack of progress toward annual goals. This level of parent recruitment and participation is significantly different from the hands-off approach popular until the late 1960s and early 1970s described earlier. As such, this legislation represents a powerful impetus for change with regard to parent and teacher roles throughout the educational process.

Ensuring a Free Appropriate Public Education

The IDEA requires schools to provide a free appropriate public education (FAPE) to students with disabilities and to develop written documentation in the form of an Individualized Education Program (IEP) that stipulates the specially designed support of special education. The IEP is the centerpiece of the IDEA, and this document is intended to outline a plan that addresses the student’s individual, disability-related needs so that he or she can access the general education curriculum. The primary responsibility of special and general educators in the IEP process is to engage with parents in planning a program of specially designed instruction, including accommodations and modifications to be used in the general classroom, so the student can benefit from his or her education (see Bateman & Linden, 2006, for an extended discussion).

Individualized goal setting is currently challenged by the standards movement, which is also challenging the ways that special educators traditionally think about IEPs (McLaughlin et al., 2012). A standards-driven IEP links individually designed services and supports with grade level content standards and assessments “focused on moving the student toward attaining state-determined content and achievement standards” (p. 372). Standards-driven IEPs seem to run counter to the individualized precept of a free appropriate education, but from an equity perspective, they “can ensure access to the same curricula and opportunity to learn the content that has been established as necessary for all other students” (p. 373). To ensure the appropriateness of the student’s program, McLaughlin and her colleagues point out the essential responsibility of focusing the IEP on the student’s educational benefit, monitoring progress, and adjusting specially designed instruction in response to changes in the student’s performance. They note “this responsibility is quite tricky, because determining what a child needs to learn is bounded by the prevailing social, economic, and political contexts that have defined various general education reforms over the years (Ladd, 2008) as well as movements in special education” (p. 373), including the inclusive schools movement.

The Individualization of Accommodations

The Individuals with Disabilities Education Act requires that assessment accommodations be individualized, rather than recommended based on a disability category. IEPs are drafted – for all students with disabilities – by education teams that include regular and special education teachers, parents, test interpreters, and any service providers. Because of their involvement in the IEP process, teachers are often influential in determining which accommodations are appropriate for each individual student. However, current research indicates that teachers are not always accurate predictors of which students will benefit from testing accommodations or which testing accommodations will be helpful.

Fuchs and Fuchs (2001) developed a data-driven method to find individualized testing accommodations. The Dynamic Assessment of Testing Accommodations (DATA) is a brief instrument designed to help teachers determine whether an accommodation works for an individual student – by testing the student both with and without the accommodation. Available for both reading and mathematics tests, DATA is designed to test the effects of individual accommodations on individual students. The key determinant – with regard to whether an accommodation is considered valid for the student – is the presence of the differential boost. An accommodation is considered valid for the student with a disability if his or her score improves substantially more than the mean improvement found among students without disabilities in the normative sample. The system has been found to improve upon teacher selection of individualized accommodations.

Early Intervention

The Individuals with Disabilities Education Act (IDEA) supports states in the provision of early intervention and special education and related services for millions of children in the United States (McFarland et al., 2018). Part C is focused on children from birth through age two years and emphasizes the development of an Individualized Family Service Plan (IFSP) to identify goals for intervention. The IFSP is a comprehensive plan that includes developmental evaluations, goals, services, and family-centered care in order to promote the child's developmental gains (Lipkin and Okamoto, 2015).

At this young age, interventions address developmental delays across cognitive and physical development, vision and hearing, language/communication, social or emotional development, and adaptive functioning, while simultaneously managing any complex medical or behavioral challenges (Tomasello et al., 2010). Services targeting developmental delays often include speech and language therapy, occupational therapy, physical therapy, special instruction, nutritional services, and family coaching. Part C also places importance on delivering interventions to infants and toddlers within naturalistic environments, often working within the home or a childcare center to provide children with opportunities to interact with peers without delays or disabilities (Lipkin and Okamoto, 2015). A transition plan is created for children who require continued care approaching their third birthday, as care shifts to a focus on their education through an Individualized Education Program (IEP).

The Continuum of Services

Under IDEA, students with disabilities must be educated in the LRE, which is the educational environment that is closest to the general education classroom and that still meets the students' needs. There is a range of educational placements for students with disabilities, known as the continuum of services. Fig. 1 illustrates the continuum of services.

The placement options of the continuum of services range from full time spent in the general education classroom to full time spent in a separate residential facility, with many possible options in between. At the bottom of the spectrum is the general education classroom. In some cases a general education teacher may receive some consultative services from a special education teacher or a behavior specialist, who might work with the student directly or just provide the support for the teacher. At the next level, student is still educated in the general education classroom but with additional services, such as a classroom assistant (an aide, paraprofessional) or with a special education teacher present, known as co-teaching. The student may receive supplemental services, known as related services, while in this placement (e.g., speech/language therapy, physical therapy), but the student is a member of the general education class. The next option is a resource room. Here, the student is still considered a member of the regular class but spends up to two periods each day in a special class taught by a special education teacher. Usually, particular goals are worked on in the resource room (e.g., math, reading, study skills).

When a student with a disability attends a general education class and spends the majority of the school day in that classroom, this is known as inclusion. An inclusion setting is an appropriate and beneficial placement only if the student is making educational progress. The social benefits of the inclusion setting are also taken into account and weigh heavily when determining whether an inclusion setting is the best placement option.

The next placement option on the continuum of services is a special class or self-contained setting. Here, the student is placed in a class consisting solely of students with special needs. Special classes have smaller student-to-teacher ratios and usually include one or two teaching assistants or paraprofessionals. There are a variety of student-to-teacher-to-teaching assistant ratio options available. Sometimes, students who are placed in self-contained classes actually excel in one or more subject areas. For example, a student may require specialized instruction for reading and all content-area subjects but be on grade level for math. This child may attend a regular math class during the school day. This is known as mainstreaming. In keeping with IDEA, the student is spending as much time as possible with nondisabled peers.

The next placement option is a special school. Here, the student attends a school composed solely of students with disabilities. This restrictive setting ensures that programs and accommodations are available consistently. Beyond a special day school is the next placement option on the continuum of services, that is, a residential facility. The student attending a residential facility requires 24-h continuation of instructional programs and care. The final placement on the continuum of services is home or hospital instruction. Here, instruction must be provided by a certified special education teacher for at least some portion of the school day.

Part C

Part C of the Individuals with Disabilities Education Act is a federal grant program that provides funding to states for early intervention services for infants and toddlers with identified disabilities. Most children ages birth to two years receive services in their home (88.9%) or in community-based settings (7.8%) (Office of Special Education and Rehabilitation Services, 2017). Community-based settings can include early childhood centers, family day care, and public and private city locations, including restaurants, parks, and grocery stores (EMAPS User Guide: IDEA Part C Child Count and Settings, 2016).

The Individuals with Disabilities Education Improvement Act

The 2004 reauthorization of IDEA initiated significant modifications in special education policy (Committee on Education and the Workforce, 2005), marked by a change in title that underscores it as an “improvement.” These sweeping changes have brought the law into alignment with the reforms advanced in the general education law, entitled No Child Left Behind, and shifted the focus of special education from process to outcomes.

No Child Left Behind (U.S. Department of Education, 2003) was passed in 2002 to improve the level of basic achievement of the nation’s children in general education, especially those from disadvantaged backgrounds, by requiring stronger accountability for results, highly qualified teachers in every classroom, and the use of proven educational practices. This law requires schools to show a measure of annual yearly progress based on children’s aggregated scores on state-level tests. Those schools that do not meet their annual yearly progress criterion are required to provide supplemental services to children, including free tutoring, after-school assistance, and summer school. If a school consistently fails to meet its annual yearly progress goals, parents are entitled to transfer their children to better performing schools, including alternative charter schools. No Child Left Behind also spells out specific criteria for high-qualified teachers and requires that teachers use educational practices that have been proven effective. These same themes are echoed in the Individuals with Disabilities Education Improvement Act (IDEA 204).

IDEA 204 also has made changes to the evaluation of children, IEPs, and procedural safeguards. The themes within these modifications include reduction in paperwork, greater flexibility in meeting attendance by professionals, and reducing adversarial relationships with parents. The statute allows money for special education to be used for preventive “early intervening,” so that children who are evidencing initial signs of educational risk can receive additional academic and behavioral support to succeed in the general education environment. The provision of special education services to nonpublic schools is also clarified.