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Fdt4 Task 1

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A. Summarize the six key components of the 1975 PL 94-142, Education for All Handicapped Children Act (now known as IDEA – Individuals with Disabilities Education Act).

1. FAPE Stands for Free Appropriate Public Education. There shall be a "zero reject" philosophy meaning that all children, regardless of their disability and the severity of the disability, will be provided with a free education that is tailored to their individual needs. Children will receive the necessary therapy needed at no cost to them or their families. 2. LRE Stand for Least Restrictive Environment. Children with disabilities must be placed in a classroom to be educated with students without disabilities. Placement in classrooms will be consistent with the child's needs. 3. IEP Stands for Individualized Education Program. This is a document put together that tailors to each individual's with exceptional needs. The IEP will address the present level of academically functioning, the degree at which the individual will be able to participate in general education programs, plans for initiating services, and an annual evaluation procedure specifying objective criteria to determine if instructional objectives are being made. 4. Procedural Due Process. Schools must provide due process safeguards to protect the rights of the children with disabilities and their families. Parent consent must be given for the initial and all of the following evaluations and placement decisions when it comes to special education. Schools must maintain the confidentiality of all records and make only the records available to the parents. If a parent disagrees with the evaluation, placement, or identification of their child's special education needs, the parent can obtain an independent evaluation at public expense. The parents have the right to representation by legal counsel. 5. Nondiscriminatory Assessment Schools must use a non-biased method of evaluation to find out whether a child has a disability. If the child is found to have a disability, then the next step is to see whether special education is needed or not. Evaluation procedures will not discriminate on the basis of race, culture, or native language. A decision will not be made based on a single test score. Students will take multiple tests and have several evaluations done before any final decision is made. 6. Parental Participation Parents are required to participate fully in the decision making process. The parents and, if appropriate, the students wishes must be considered in IEP goals and objectives, service needs, and placement. (IDEA 2004)

B. Summarize the key components of the following IDEA reauthorizations:
• PL 99-457 (1986)
This public law establishes state level inter agency councils on early intervention. It changed the scope and the intent of services provided to preschools with special needs and helped create a policy for infants and toddlers at risk and those who have already been identified with disabilities. All preschoolers with special needs, ages 3-5 will receive a free and appropriate public education. The Individualized family service plans are implemented. This law provides case management services to families. It also acknowledges the family to be the central focus of service. This law provides a smooth transition as a family moves from one service or system to another. (IDEA 2004) • PL 101-476
Amendments to PL 94-142 is now PL 101-476. Children was replaced with the term individuals. Handicapped had become replaced with the term disabilities. This signifies a change in attitude. It became a more appropriate first person point of view. An individual person's disability is only one aspect of their whole self. It was also recognized that individuals needed to be prepared for a productive life after they exit from public school. Each student, no later than age 16, must have and individual transition plan as part of his or her IEP. This is a plan that creates a coordinated set of activities that are there to help the student move from after graduation such as independent living, vocational training, and any additional education experiences that are tailored to the individual. Also, Parents are allowed to sue a state in federal court for noncompliance with the provisions of the law. (IDEA 2004)

• PL 105-17 (1997)
This law has some of the definitions revised, changes several key components, and recompiled IDEA into four parts. IDEA's four parts that it is organized into consists of Part A, General provisions; Part B, Assistance for the education of all children with disabilities; Part C, infants and toddlers with disabilities; and Part D, National activities to improve the education of children with disabilities. Students with disabilities may be placed into an alternative educational setting for up to 45 days if they bring a weapon to school, possess or use illegal drugs, or pose a serious threat of injury to other pupils or themselves. Students with disabilities will receive appropriate accommodations when necessary for in state and district wide testing programs. IEPs are now required to include exactly how the student with disabilities will be involved with the general education curriculum. There are also provisions that state that transition planning will begin at the age of 14 instead of 16, annual goals will be emphasized, any assistive technology needs of the learner need to be examined and considered, and regular educators will be a part of the IEP team. The category of developmental delay may now be used when describing children ages 3-9. A variety of tests and assessment tools are used in effort to gather more information for the placement of the child with disabilities. The roles of parents were also strengthened in this revision. The roles of legal guardians are clarified. Parents with students with disabilities must now be informed of their student’s progress as often as regular education students parents are informed of their student’s progress. Parents are now required to participate in decisions regarding eligibility and placement in the special ed program in their child’s school. (IDEA 2004) • IDEA 2004: PL 108-446
The Individuals with Disabilities Education Improvement Act of 2004 has increased the focus of special education to help improving the educational performance of students with disabilities. All teachers must be highly qualified to teach Special Education. Short-term objectives and benchmarks are no longer required unless the student is evaluated via alternate assessments that are together to alternate achievement standards. The IEP must have a statement of the student's present level of academic achievement and functional performance. Progress that the student is making must be measured and when the progress reports will be made. Not all members of the IEP team need to be present if the parents and the district agrees that the attendance is not necessary. IEP meetings do not have to made by the team members in physical presence. The meeting can be conducted through video conferencing or via conference telephone calls. After the initial IEP is created, the whole team will not have to reconvene to modify the document. Transition services are to begin no later than the first IEP that goes into effect after the student turns 16 and is to be updated annually. There are now post secondary goals that relate to training, employment, independent living skills, and appropriate education. (IDEA 2004)

C & D When a child is not able to meet expectations in school, special education law evokes a ten stage process known as the referral process. Before this process, teachers will work with what is known as the pre-referral interventions. The reason for the pre-referral intervention is to ensure that the child tries reasonable accommodations before they are referred for special education assessment. A change in the classroom, such as where the student is seated, or who they are seated with can change their performance and make special education services unnecessary. The pre-referral team will work together to find the child's learning strengths and needs. Specific strategies will be put into action. The student will be evaluated in several areas to see if further special education services are needed, or if the student will be able to strive in a general education setting. First of all, the child is identified as possibly needing special education services. Parents or teachers may have concerns regarding a student’s behavior, academic performance, emotional issues, or physical difficulties. Next, a student will be evaluated. Before the student will be evaluated, parents must be notified in writing. The initial evaluation will then begin within 60 days of receiving written consent from the family. The team will find out information regarding the student’s developmental and academic level of functioning. The team will be included of people who are appropriate for this student such as other staff members and professionals from the district. The team will conduct assessments, look at any observations from teachers, and review the student’s file. The third step in the referral process is that eligibility will be decided. If the special education team and the parents decide that the student does have a disability according the IDEA categories, the student will proceed to the next step. The next step is that the student is found eligible for services. If the student is found to have a disability and the difficulties that the child is facing are not caused by lack of appropriate instruction or lack of understanding the English language, then special education services will be provided. Next, and IEP meeting is scheduled. Individualized Education Plan will be included in the IEP. The IEP must include specific information about the student with disabilities and the educational program that is created to meet their unique needs. The IEP will cover current performance, annual goals, benchmarks, special education and related services, any and all accommodations needed, transition serves needed, measured progress, and participation in state and district wide assessments.
Parents must be notified in writing and given the opportunity to attend and contribute to the IEP of their student within 30 days of eligibility. After the IEP meeting is scheduled, the IEP meeting must now take place and the IEP will be written. The Multi-disciplinary team will construct the IEP and will consist of a district representative, Parents of the student, a regular education teacher, the special education teacher, a school psychologist, a school physician, if requested by the parent, Any other persons that have the knowledge or expertise regarding the student, as requested by the parent or school district, and the student if appropriate. The IEP will include the student’s individualized goals, the student’s strengths and weaknesses, their current level of functioning, and any accommodations and services that will need to be provided. Step 7 is when services are provided. After the IEP is written, the student should begin receiving services as soon as possible. This support may be from the special education teacher, paraprofessionals, specialized transportation, or any in-school medical care. Whoever is working with the student should be able to have access to their IEP to understand what their role is in delivering services. There are a cascade of delivery options available for the students. It is important to find the Least Restrictive Environment for each unique student to learn in. It will be determined differently for each individual student. Some students will benefit the most by being in a regular education classroom. This option pertains to students who have special education services outside of the regular classroom for less than 21 percent of the school day. Students that receive special education services outside of the regular classroom for at least 21 percent but less than 60 percent of the school day are placed in the Resource room category. Students in this classification are "pulled out" of the regular education classroom and they receive specialized instruction in a separate class for limited time. A Separate Class is for students who receive special education services outside of the regular class for more than 60 percent of the school day. This is more often known as a self-contained class where students with more severe disabilities receive their full-time instruction. This classroom is located in a normal school building. A separate school is for students who receive special education services in a public or private separate day school for students with disabilities at the for more than 50 percent of the school day. A residential facility is for students who receive a special education in a public or private residential facility 24 hours a day. A homebound hospital is for students who are placed in and receiving a special education in a hospital or homebound program.
Next, progress will need to be measured and reported to parents. The progress that the student makes should be reported regularly so that it gives everyone a chance to review and adjust any of the IEP goals that need to be changed. Now the IEP will need to be reviewed. It should be reviewed annually to be sure that all goals are still relevant and any revisions are made that are necessary. Finally, students will be reevaluated between one and three years after the initial referral. If a teacher or parent makes a request, the reevaluation can happen sooner. (Bright Hub 2012)

Sources:

IDEA 2004. (n.d.). LD OnLine: The world's leading website on learning disabilities and ADHD. Retrieved June 5, 2014, from http://www.ldonline.org/features/idea2004

What are the Steps for Referring a Student for a Special Education Evaluation?. (n.d.). Bright Hub Education. Retrieved June 5, 2014, from http://www.brighthubeducation.com/special-ed-law/111538-referring-a-student-for-an-evaluation/

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