Running head: HISTORY OF SPECIAL EDUCATION LAW According to National Assessment of Educational Progress (NAEP), an IEP, or Individualized Education Program, is “a written statement for each individual with a disability that is developed, reviewed, and revised in accordance with Title 42 U.S.C. Section 1414(d).” (NAEP Glossary) Each source I studied stressed the concept of “individualized” plans because each program is tailored to specifically meet the needs of that particular student through a series of assessments, meetings and medical diagnoses. Recognizing that the content of the IEP is legally binding, it’s important to ensure that what is included in the IEP safeguards the needs of the student and that the student needs are being met? So after Further research I discovered a site that put the definition of an IEP in easily understandable terms: [An IEP] is a legally binding document that spells out exactly what special education services your child will receive and why. So by doing the IEP not only would It will include the students classification, placement, services such as a one-on-one aide and therapies, academic and behavioral goals, a behavior plan if needed, percentage of time in regular education, and progress reports from teachers and therapists. What is and we see that these plans contain information about the child’s classification, such as autism, deaf-blindness, orthopedic impairment or mental retardation for example, which requires the special support while in school. (Peterson & Hittie, 2010, p. 17) We also see that the IEP gives a step-by-step plan for addressing behavior, as well as how the student will be supported in their academic progress. In essence, an IEP is literally a well-defined map to success for all people Involved, but especially the child. It contains a statement about where the child is right now in their educational process and also measurable academic goals broken down in achievable aggregates. The IEP will also details the special services the child will receive, an explanation about why/if they will not participate in certain aspects of school and any sort of adjustments needed for assessments. In addition, it will include a start date for the services and how often these services will be administered, how his progress will be measured and how the parents will be notified. When the child reaches transitional age, their IEP will also include information about his transitioning out of the K-12 system. (Peterson & Hittie, 2010, p. 133) It is through the precise delineation of an IEP that the priceless value of this legal document can be truly seen. It assures that steps are lined out and followed to ensure the students success. It provides a clear line of support for the teachers, administration and staff in support of this child. At the IEP meeting, the child’s support team – which always includes the parents, administration, general teacher and special education teacher, as well as possibly the student, physicians, psychologists, social workers and other specialists (Who Attends IEP Meetings?, 2010) – will decide on a concise plan of action. This is written up as a legally binding contract to which all participants must adhere, including the student. In the case where there is limited funding and the modifications or accommodations included in an IEP are beyond the districts per pupil expenditure and the district administration may not support such spending and opposes what is included in the plan. I would lay the cards on the table with the parent. School districts are considered to be the primary source of funding for Special needs students. And explain and make it clear that the District has the responsibility to fund whatever services assistive technology that the student may need. That Free Appropriate Public Education (FAPE) places the responsibility on the district IDEA for funding of services required for a free appropriate public education. The U.S. Department of Education Office of Special Education (OSEP) issued a letter of interpretation, dated January 1995, indicating that districts have a responsibility for ensuring that assistive technology necessary to achieve a student’s goal is provided when it is included in the student’s Individual Education Program. Refer to Section III Legal Requirements or to the Appendix of this document for letters of interpretation. The school district may pay for the assistive technology devices and services, or they may access other funding sources such as parents, private health insurance, Medicaid, or Vocational Rehabilitation. A July 1992 OSEP policy letter clarifies the issue of expenditures associated with providing assistive technology devices and services. The letter stated that they “envision state and local educational agencies will utilize a variety of sources of funds to ensure that students with disabilities are provided with FAPE.” I will ensure when speaking with the parent that they realize that the district does not have the funds needed but that if the IEP team determines that assistive technology should be provided, the district cannot require the student’s parents to be responsible for locating funding sources. The district can request the involvement of the parents in the funding search, but it is the responsibility of the district to find funding for the needs of the student according to the Legislative Analysis Office Executive Summary January 2013(LAO). Moreover the possibility exists that the school district may be unable to find other funding sources. When this happens, the district still has the responsibility to provide the device or service needed for the student’s free appropriate public education. Knowing the importance of an IEP and student rights, I would continue to pursue all benefits needed to ensure we are meeting the needs of the student. As a member of the team, It is my personal responsibility to advocate for the rights of that student? If our team through and IEP determine that something is a need. We must pursue all avenues to ensure that the needs of the student are being meet. According to the article Advocating for Your Child with Disabilities by Miriam Edelson Locating services can be difficult and stressful. The article also states it helps to be organized no matter what situation you face. You will want to a: maximize the information you have about the child's needs, b: keep accurate records and c: be very persistent. In many cases As I understand it, the parent is unaware of there being a possible disability, the IEP process can be initiated from within the school after observing the student and documenting behaviors/progress for several weeks this is another way to advocate for the child’s education.. Once a teacher has observed a possible need for support, they will refer the student to the Special Education Department. Depending on the school, that process could be as quick as filling out a simple form or as extensive as a comprehensive checklist that must be completed prior to the special education department getting involved. (Peterson & Hittie, 2010, p. 131) Following that process, the special education department will then, in turn, contact the parents to share with them the preliminary findings and see if they are Interested in pursuing special education support for their child. According to {Advocacy in Action issue 13 August 2013) typically, lawsuits in special education brought on behalf of individual children with disabilities do not result in systemic policy change. When such change is necessary, class action lawsuits, filed on behalf of a group of similar individuals, can be an effective strategy. In the case of special education, class action lawsuits are often a method of last resort after mediation, resolution sessions, due process hearings, and appeals have failed to resolve the issue at hand. Class action lawsuits (in special education or otherwise) often result in consent decrees, which are legally binding agreements between the plaintiffs and defendants to pursue specific, sustainable solutions to the problems outlined in the lawsuit. The civil rights movement took place in the early 1960s and from this the study of inequality of education between children with disabilities was beginning. The decision from the case of Brown v. Board of Education, (Brown v. Board of Education, 1954) opened the doors and confronted the segregation of students with disabilities. (Landsing-Billings, 1994). The court’s ruling was that students with disabilities had been segregated and was inappropriate, unnecessary, and unconstitutional. Prior to 1970, there were only a small amount of students with disabilities that were attending public schools. Changes came in 1975, when a federal law was written. The Education for All Handicapped Children Act, also known as (EHA) was the first major law that recognized and guaranteed those students’ ages 5 to 21 with disabilities have the right to public education in spite of their disability. The law also assured the civil rights to disabled students as well as their educational rights. Services for Special Education and other services will be provided at no cost to the family.

References:
A Guide to Disability Rights Laws. (2006, February 16). Retrieved September 06, 2010, from www.ada.gov: http://www.ada.gov/cguide.htm
NAEP Glossary. (n.d.). Retrieved September 6, 2010, from nationsreportcard.gov: http://nationsreportcard.gov/glossary.asp#i Peterson, J. M., & Hittie, M. M. (2010). Inclusive Teaching the Journey Towards Effective
Schools for All Learners (2nd ed.). Upper Saddle River, NJ, USA: Pearson Education, Inc.
Understanding IDEA. (2009). Retrieved September 06, 2010, from www.understandingspecialeducation.com: http://www.understandingspecialeducation.com/IDEA.html
Utah Parent Center. (2009, March). Parents as Partners in the IEP Process. Parents as Partners in the IEP Process . Salt Lake City, Utah, USA: Utah Parent Center.
Utah State Board of Education Special Education Rules. (2009, December 23). Law . Salt Lake
City, Utah, USA: Utah State Board of Education.
What is an IEP? (2010). Retrieved September 06, 2010, from specialchildren.about.com: http://specialchildren.about.com/od/specialeducation/f/iepfaq01.htm Who Attends IEP Meetings? (2010). Retrieved September 06, 2010, from
Brown v. Board of Education, Topeka, 347 U.S. 483 (1954). American Psychological
Education for All Handicapped Children Act of 1975, Pub. L. No. 94-142 (1975).
Individuals with Disabilities Education Act, Pub. L. No. 101-476, 104 (1990),
Individuals with Disabilities Education Act, Pub. L. No. 105-117 (1997).
Ladson-Billings, Gloria (1994). The dream keepers: successful teachers of African American children. San Francisco: Jossey-Bass Publishers