Running head: IMPACT OF INDIVIDUALS WITH DISABILITIES EDUCATION ACT 1

The Impact of Individuals with Disabilities Education Act

Amanda Nelson

Dakota State University

Professor Sandi Steinhoff-Muller

November 14, 2016

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Abstract

This paper defines the Individuals with Disabilities Education Act (IDEA) and explores the six

major principles within the act, which include: zero reject, nondiscriminatory evaluation, free

appropriate public education (FAPE), least restrictive environment (LRE), procedural

safeguards, and parent participation and shared decision making. Each principle is broken down

in a specific way to emphasize how its components, and IDEA in general, impact the American

education system. This paper also highlights how IDEA impacts the lives of students with

disabilities, along with their parents, and the role educators play in enacting these principles.

Various resources were utilized to examine the importance of IDEA and how it positively affects

students with disabilities within the American education system.

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The Impact of Individuals with Disabilities Education Act

The Individuals with Disabilities Education Act (IDEA) originated as the Education for

All Handicapped Children Act, which was passed by Congress in 1975. Also known as Public

Law 94-142, this act has been reauthorized and amended five different times, and in 1990, the

name was changed to Individuals with Disabilities Education Act. In 2004, the act was renamed

again under PL 108-466 to The Individuals with Disabilities Education Improvement Act of 2004

(Heward, 2013, p.16). Although the act has been amended numerous times, its original purpose

remains the same.

The main concept of IDEA is for society to accept and treat people with disabilities as

citizens with the same rights and privileges that all other citizens enjoy. For instance, free public

education is something that all Americans can receive; however, before IDEA was enacted, that

was not the case for students with disabilities. According to William Heward, the author of

Exceptional Children (2013), the main purposes of IDEA are as follows:

(A) to ensure that all children with disabilities have free appropriate public

education available to them that emphasizes special education and related services

designed to meet their unique needs and prepare them for future education,

employment, and independent living; (B) to ensure that the rights of children with

disabilities and parents of such children are protected; and (C) to assist States,

localities, educational service agencies, and Federal agencies to provide for the

education of all children with disabilities. (p. 16)

IDEA is essential to the American education system as it is the foundation for special education.

The act sets specific standards for schools, teachers, and parents, protects the rights of children

with disabilities (along with their parents), as well as provides several educational benefits and
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accommodations to the child. Because IDEA has such a significant role in the American

education system in general, its essential to break down the components to understand just how

crucial IDEA is. There are six major principles of IDEA that have remained unchanged, with the

exception of various amendments, since the law was enacted in 1975.

The first principle is known as Nondiscriminatory Evaluation. IDEA requires that all

children being considered for special education services undergo an evaluation process. The

evaluation process determines whether a student has a disability and, if so, what specific services

are needed to benefit the child. According to the Center for Parent Information and Resources,

parents are often the first to notice that their childs learning, behavior, or development may be

cause for concern (Center for Parent Information and Resources, 2014). Therefore, parents may

request for their child to be evaluated. However, it is important to note that teachers play a large

role in determining whether a student should be evaluated or not.

Teachers are responsible for making clear observations and reporting his or her findings

when the need arises. The more specific the teachers observations are, the better the student can

be served in the classroom. Students may be evaluated upon the schools request as well. The

Center for Parent information and Resources states that, based on a teachers recommendations,

observations, or result from tests given to all children in a particular grade, a school may

recommend that a child receive further screening or assessment to determine if he or she has a

disability that needs special education and related services (Center for Parent Information and

Resources, 2014). However, schools must have written permission from the students parents or

guardians prior to conducting the evaluation. This is a safeguard required by IDEA, which

protects the rights of parents of children with disabilities. Procedural safeguards will be

discussed later on.

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Once the parents have consented for further evaluation, the process can begin. The

nondiscriminatory evaluation procedure set in place by IDEA requires that testing must be

nonbiased and multi-factored. Heward (2013) acknowledges it specifically when he says,

testing and evaluation procedures must not discriminate on the basis of race, culture, or native

language. All tests must be administered in the childs native language, and identification and

placement decisions cannot be made on the basis of a single test score (p. 17).

The next principle of IDEA is called Zero Reject. This principle states that all children,

regardless of their disability, have the right to a free public education. Heward (2013) states that

the requirement to provide special education to all students with disabilities is absolute between

the ages 6 and 17 (p. 16). Heward continues by mentioning that if a school provides education

services to any other age group, it must also provide the same services to students with

disabilities. The main purpose behind the zero reject principle is that no student with disabilities,

regardless of the severity of the disability, is left out from any educational services.

According to Heward (2013), IDEA goes a step further to ensure that every student is

accounted for. Each states education agency is responsible for locating, identifying, and

evaluating all children, from birth to age 21, residing in the state with disabilities or who are

suspected of having disabilities. This unique requirement of IDEA is called the child find

system (p. 16). Teachers play a large role to ensure that each student is accounted for and taken

care of in his or her classroom. They must include all students with disabilities, regardless of the

severity. Examples of these accommodations would include making the necessary adjustments to

the lesson plans or even the physical environment of the classroom.

Another principle defined under IDEA is known as Free Appropriate Public Education

(FAPE). According to the U.S. Department of Education, all children with disabilities, are
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entitled to a free appropriate public education (Rights, 2010). They also define appropriate

education as education services designed to meet the individual education needs of students

with disabilities as adequately as the needs of nondisabled students are met (Rights, 2010). This

also means that education must be provided at zero expense to the childs parents and is paid for

by the public. For instance, if a child with a disability must attend a separate school for half of

the day, the school district is required to provide for any of those expenses. More specifically

IDEA requires that an individualized education program (IEP) be developed and implemented to

meet the specific needs of students with disabilities. The IEP specifies the childs present levels

of performance, identifies measurable goals, and describes the specific special education and

related services that will be provided to help the child attain those goals and benefit from

education (Heward, 2013, p. 17).

Educators play a crucial role in developing a students IEP. Initially, teachers can see,

first-hand, what works well for the student and what potential accommodations need to be made.

It is essential for teachers to monitor where said accommodations are effective, and if not, bring

the attention to the IEP team to develop a new plan. An IEP team works together to create an

effective plan and goals for students with disabilities. The team would include the parents of the

child, a general education teacher, a special education teacher, and a representative from the

school. In the classroom, teachers must take careful and accurate notes when observing students

in order to determine what the next steps are for the student. When an IEP is implemented

correctly, the student is set up for a successful future, not only in school, but for life after while

on his or her own. IEPs are essential for a student with disabilities success, as it accommodates

and allows for them to thrive in the most appropriate way possible.
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In addition to an IEP, IDEA [also] requires that schools provide any related services and

assistive technology that a child with a disability may need to access and benefit from special

education (Heward, 2013, p. 17). Within a students IEP, IDEA requires schools to mainstream

students with disabilities to the maximum extent appropriate, which means students with

disabilities would be placed in a general education classroom along with students without

disabilities. This principle is known as Least Restrictive Environment (LRE). Every student with

a disability should have the opportunity to start out in the general education classroom. However,

according to the Handbook for Special Education, when a student cannot be successful because

of the severity of his or her disability, schools have the obligation to provide the appropriate

education in a more restrictive setting (Kauffman & Hallahan, 2011, p. 108).

The LRE is not necessarily a permanent placement for students with disabilities and may

vary depending on the students academic and behavioral needs (Kauffman & Hallahan, 2011,

p. 107). LREs are significant to a childs education and IEP. When students are placed in the

appropriate LRE, their needs can be met while they receive their education. For example, a child

with autism may be placed in a more restrictive environment, depending on the severity, because

he or she may need more one-on-one assistance that is not offered in the general education

classroom. However, the LRE does allow for students with disabilities to participate in activities

with their peers, such as recess, art, music, and even school dances. The LRE also provides

teachers with the option to have their students move from one environment to another based on

their specific needs.

IDEA has established numerous procedures called Procedural Safeguards to protect the

rights of parents and their children with disabilities. The ultimate goal of IDEA is to protect the

rights of children with disabilities and ensure that those students have access to a FAPE, just like
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all other children, and thats exactly what procedural safeguards are set in place for. According

to the Center for Parent Information and Resources, [procedural safeguards] are designed to

protect the rights of parents and their child with a disability and, at the same time, give families

and school systems several mechanisms by which to resolve their disputes (Center for Parent

Information and Resources, 2014).

First, and foremost, parents have the right to confidentiality. IDEA protects parents and

their children with disabilities by keeping personal information confidential, giving rights to

parents to access all of their childs records, as well as review and request any changes if the

records are incorrect. The Center for Parents Information and Resources states: If parents

believe that the information contained in their childs records is inaccurate or misleading or that

the information there violates the privacy or other rights of their child, the may ask the school

system that maintains the information to amend it (Center for Parent Information and

Resources, 2010). In addition, if the school system or agency refuses to comply with the

parents request, it must inform the parents of that decision and indicate their right to ask for a

due process hearing on the matter (Center for Parent Information and Resources, 2010).

During a due process hearing, each party has the opportunity to present their views in a

formal legal setting using witnesses, testimony, documents, and legal arguments that each

believes is important for the hearing officer to consider in order to decide the issues in the

hearing (Center for Parent Information and Resources, 2012). Before a due process hearing

occurs, however, parents have the option to solve any disputes through mediation by a third

party (Heward, 2013, p. 19). Heward explains that, although due process hearings may occur,

generally the conflict is resolved between the school and parents of the child with a disability

before resorting to a hearing. (p. 19)

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Just like all the other principles of IDEA, this next one is essential for creating a well

rounded relationship between parents of children with disabilities and the school district. Heward

states that schools must collaborate with parents and students with disabilities in the planning

and implementation of special education and related services (Heward, 2013, p. 20). This is

known as Parent Participation and Shared Decision Making. Parents and guardians are

sometimes the only advocates for children with disabilities, and it is essential that they

participate, along with schools, in the education process for their child. The Center for Parent

Information and Resources says it best: When schools and families work together, student

learning and outcomes improve (Center for Parent Information and Resources, 2009). Students

with disabilities benefit when teachers collaborate with parents and can strongly improve the

childs attitudes, as well as social skills and behavior (Center for Parent Information and

Resources, 2009).

Parent participation is also important for the school system in general; as it allows

schools to understand how a child is behaving at home. The information provided by the parents

is essential when developing an IEP for a child with a disability. Teachers are able to observe

behavior and how the student is performing academically; however, parents are aware of their

childs limitations and successes. Although IDEA does not require parent participation, it is

highly recommended.

Overall, the Individuals with Disabilities Act has evolved over the past 40 years and will

continue to grow and enhance the lives of children with disabilities. IDEA impacts the American

education system in a way that allows children with disabilities the same appropriate education

as other students without disabilities. It continues to protect the rights of those children and their

parents, as well as maintain specific standards to ultimately provide the most appropriate
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education for children with disabilities. Educators have a large role when it comes to IDEA, but

it is difficult without the help of the students IEP team. Ultimately, teachers have a

responsibility to provide students with disabilities the same education as they would others.

However, that means making the necessary accommodations for the child to receive the

appropriate education. The IEP team provides the necessary support for classroom teachers and

assists with implementing the students IEP. Teachers are responsible for following the students

IEP and taking note of anything that is not working, as well as making recommendations during

an IEP team meeting. After all, IDEA does not work unless the educators take an active role in

the childs education.

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References

Center for Parent Information and Resources. (2010, December). Confidentiality and Access to

Student Records. Retrieved from http://www.parentcenterhub.org/repository/records/

Center for Parent Information and Resources. (2012, September). Due Process Hearings.

Retrieved from http://www.parentcenterhub.org/repository/hearings/#summary)

Center for Parent Information and Resources. (2014, May). Evaluating Children for Disability.

Retrieved from http://www.parentcenterhub.org/repository/evaluation/

Center for Parent Information and Resources. (2014, January). Parental Rights Under IDEA.

Retrieved from http://www.parentcenterhub.org/repository/parental-rights/

Center for Parent Information and Resources. (2009, April). Questions and Answers about

IDEA: Parent Participation . Retrieved from

http://www.parentcenterhub.org/repository/qa2/#ref4)

Heward, W. L. (2013). Exceptional Children: An Introduction to Special Education. Upper

Saddle River, NJ: Pearson. Kauffman, J. M., & Hallahan, D. P. (2011). Handbook of

Special Education. New York, NY: Routledge.

Rights, U. D. (2010, August). Free Appropriate Public Education for Students With Disabilities:

Requirements Under Section 504 of the Rehabilitation Act of 1973. Retrieved from

http://www.parentcenterhub.org/repository/evaluation/