copyright © allyn & bacon 2008 chapter 5 individuals with disabilities this multimedia product...

Copyright © Allyn & Bacon 2008

Chapter 5Chapter 5Individuals with DisabilitiesIndividuals with Disabilities

This multimedia product and its contents are protected under copyright law. The following are prohibited by law: This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any any public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of any images; any rental, lease, or lending of derivative work, including the extraction, in whole or in part, of any images; any rental, lease, or lending of the program.the program.


Individuals with Disabilities Individuals with Disabilities Education Act of 1990 Education Act of 1990 (IDEA)(IDEA)

Mandatory RequirementsMandatory Requirements IDEA succeeded Public Law 94-142, IDEA succeeded Public Law 94-142,

to the Education of All Handicapped to the Education of All Handicapped Children Act of 1975.Children Act of 1975.


The IDEA essentially guarantees a The IDEA essentially guarantees a disabled child, ages disabled child, ages 3 to 213 to 21, the right , the right to a free, appropriate education in to a free, appropriate education in public schools.public schools.

This act also establishes This act also establishes substantivesubstantive and and procedural due process rightsprocedural due process rights..


Interpretation and Identification of Interpretation and Identification of Children with DisabilitiesChildren with Disabilities

The term The term children with disabilitieschildren with disabilities is is defined by the IDEA as those who defined by the IDEA as those who meet the following conditions: meet the following conditions:

Mental retardation, hearing Mental retardation, hearing impairments which include deafness, impairments which include deafness, speech or language impairment. speech or language impairment. visual impairment including visual impairment including blindness,blindness,


learning disabilities, brain injury, learning disabilities, brain injury, emotional disturbance, orthopedic emotional disturbance, orthopedic impairments, autism, traumatic brain impairments, autism, traumatic brain injuryinjury, , specific learning disabilities, specific learning disabilities, and other impairments who by and other impairments who by reason of such conditions need reason of such conditions need special education and related special education and related services.services.


Individualized Educational Individualized Educational Program RequirementProgram Requirement

At a minimum, each individual At a minimum, each individual educational program should include educational program should include the following: the following:

1.1. A statement detailing the child’s A statement detailing the child’s present level of educational present level of educational performance performance


2.2. A statement of annual goals, as A statement of annual goals, as well as short-term instructional well as short-term instructional objectivesobjectives

3.3. A description of specific educational A description of specific educational services to be provided and a services to be provided and a determination as to whether the determination as to whether the child is able to participate in regular child is able to participate in regular educational programseducational programs


4.4. A description of transitional services A description of transitional services to be rendered if the child is a junior to be rendered if the child is a junior or senior in high school, to ensure or senior in high school, to ensure that necessary services are that necessary services are provided when the child leaves the provided when the child leaves the regular school environmentregular school environment


5.5. A description of services to be A description of services to be provided and a timetable for provided and a timetable for providing these services providing these services

6.6. An explanation of relevant criteria An explanation of relevant criteria and procedures to be employed and procedures to be employed annually to determine if annually to determine if instructional objectives are or have instructional objectives are or have been achieved. been achieved.


Equal Access to Assistive Equal Access to Assistive Technology for Disabled StudentsTechnology for Disabled Students

The Technology-Related Assistance The Technology-Related Assistance for Individuals with Disabilities Act for Individuals with Disabilities Act Amendments of 1994 provides Amendments of 1994 provides financial assistance to states to financial assistance to states to support systems changes which support systems changes which assist in the development and assist in the development and implementation of technology-implementation of technology-related support for individuals with related support for individuals with disabilities.disabilities.


Program Review and ChangesProgram Review and Changes

Each IEP must be reviewed and Each IEP must be reviewed and revised annually, if necessary, to revised annually, if necessary, to ensure that the continuing needs of ensure that the continuing needs of the child are met.the child are met.

If changes are contemplated, the If changes are contemplated, the child’s parent or legal guardian must child’s parent or legal guardian must be notified. be notified.


If either objects to the proposed If either objects to the proposed changes, an impartial hearing must changes, an impartial hearing must be held to resolve the conflict.be held to resolve the conflict.

If this process proves unsuccessful, If this process proves unsuccessful, the parent or guardian may appeal to the parent or guardian may appeal to the state agency and subsequently the state agency and subsequently to the courts if a resolution is not to the courts if a resolution is not reached at the state level. reached at the state level.


Education-Related Education-Related Service RequirementService Requirement

A related service is viewed as one A related service is viewed as one that must be provided to allow the that must be provided to allow the disabled child to benefit from special disabled child to benefit from special education.education.

A related services may be a single A related services may be a single service or an entire range of services service or an entire range of services or programs needed to benefit the or programs needed to benefit the child. child.


Examples of such services include, Examples of such services include, but are not limited to the following: but are not limited to the following: transportation, medical services,transportation, medical services, counseling services, counseling services, psychological psychological services, physical therapy, speech services, physical therapy, speech pathology, audiology, and pathology, audiology, and occupational therapy occupational therapy


Least Restrictive EnvironmentLeast Restrictive Environment

The IDEA embraces the notion that The IDEA embraces the notion that children with disabilities be placed in children with disabilities be placed in educational settings which offer the educational settings which offer the least amount of restrictions, when least amount of restrictions, when appropriate.appropriate.


The primary objective is to provide The primary objective is to provide the disabled child an opportunity to the disabled child an opportunity to interact, socialize and “learn” with interact, socialize and “learn” with regular students, thus minimizing the regular students, thus minimizing the tendency to become stigmatized and tendency to become stigmatized and isolated from the school’s regular isolated from the school’s regular program.program.


Inclusion of Children Inclusion of Children with Disabilitieswith Disabilities

Inclusion is an extension of the Inclusion is an extension of the traditional concept of traditional concept of mainstreamingmainstreaming..

Its intent is to ensure as much as Its intent is to ensure as much as possible, and when appropriate, that possible, and when appropriate, that disabled children be placed in regular disabled children be placed in regular classrooms.classrooms.


Residential PlacementResidential Placement

Residential facilities are typically Residential facilities are typically expensive and in most cases more expensive and in most cases more restrictive for the disabled child.restrictive for the disabled child.

However, IDEA requires such However, IDEA requires such placements where there is sufficient placements where there is sufficient evidence that residential placement evidence that residential placement is necessary to provide special is necessary to provide special education and related services to the education and related services to the disabled child.disabled child.


Disciplining Students Disciplining Students with Disabilitieswith Disabilities

It has long been held that disabled It has long been held that disabled children may not be punished for children may not be punished for conduct that is a conduct that is a manifestationmanifestation of of their disability. their disability.


However, disabled students may be However, disabled students may be disciplined by school authorities for disciplined by school authorities for any behavior which is not associated any behavior which is not associated with their disability using regular with their disability using regular disciplinary procedures, as reflected disciplinary procedures, as reflected in school policies. in school policies.


In situations where certain types of In situations where certain types of discipline are warranted, an effort discipline are warranted, an effort must be made to ensure that the must be made to ensure that the punishment does not punishment does not materiallymaterially and and substantiallysubstantially interrupt the child’s interrupt the child’s education. education.

copyright © allyn & bacon 2008 chapter 5 individuals with disabilities this multimedia product...

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