Schools, Families, Communities and DisabilitiesRebecca Durban and Jessica Martin

Individualized Education Program

• A written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with 34 CFR 300.320 through 300.324, and that must include:• The child's present levels of academic achievement and functional performance.• Measurable annual goals, including academic and functional goals• For children with disabilities who take alternate assessments aligned to alternate

achievement standards, a description of benchmarks or short-term objectives.• The special education and related services and supplementary aids and services, based on

peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child

• Any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on State and district-wide assessments consistent with section 612(a)(16) of the Act.

• A description of• How the child's progress toward meeting the annual goals described in 34 CFR

300.320(a)(2) will be measured. • When periodic reports on the progress the child is making toward meeting the annual

goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided.

Steps in the IEP Process

• Pre-referral• Referral• Identification• Eligibility• Development of the IEP• Implementation of the IEP• Evaluation and reviews

Least Restrictive Environment (LRE)• What is LRE?• Identified in the U.S. Individuals with Disabilities Education Act• By law, schools are required to provide a free appropriate public

education (FAPE) in the least restrictive environment that is appropriate to the individual student's needs.

Concerns with Least Restrictive Environment

• Is least restrictive environment always best for children with disabilities?

• Does least restrictive environment mean full inclusion in the general education classroom?

What does the LAW say?• Daniel R.R. v. State Board of Education (1989)• Determined that students with disabilities have a right to be

included in both academic and extracurricular programs of general education• If the school officials have provided the maximum

appropriate exposure to non-disabled students, they have fulfilled their obligation under IDEA.

Law Con’t…• Sacramento City Unified School District v. Rachel H., 14

F.3d 1398 (9th Cir. 1994)• 4 factors needed to be taken into consideration

when determining if the student’s LRE is appropriate:• The educational benefits of integrated settings versus

segregated settings,• Non-academic benefits (primarily social interaction with

non-disabled peers),• The effect the student with a disability can have on the

teacher and his or her peers, and• The cost of supplementary services that will be required

for that student to stay in the integrated setting

The LRE Mandate• “to the maximum extent appropriate, children with disabilities,

including children in public or private institutions or other care facilities, are educated with children who are not disabled, and that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.” (IDEA, 20 U.S.C. § 1412)

Individuals with Disabilities Education Act (IDEA)• www.idea.ed.gov• Ensures services to children with disabilities through the

nation.• Governs how states and public agencies provide early

intervention, special education, and related services to eligible infants, toddlers, children, and youth with disabilities

• Part B (ages 3-21• Part C (ages birth-2)

Continuum of Alternative Placements• The Office of Special Education and Rehabilitation

Services (OSERS)• “that some children with disabilities may require

placement in settings other than the general education classroom in order to be provided with an education designed to address their unique needs” (Letter to Goodling, 1991, p. 214).

IDEA and the Continuum Alternative Placements

• Regulations for School Districts:• Each [school district] shall ensure that a continuum of

alternative placements is available to meet the needs of children with disabilities for special education and related services

• Include the alternative placements• Instruction in regular classes, special classes, special schools, home instruction,

and instruction in hospitals and institutions

• Make provision for supplementary services to be provided in conjunction with regular class placement. (IDEA Regulations, 34 C.F.R. § 300.551)

Who Decides Placement?• Parents of the child with disabilities

• Personnel who know the variety of placement options available to meet the child’s needs

• Individuals who understand the significance of the data used to develop the child’s IEP. [§300.116(a)]

*Often, these are the same individuals that are on the child’s IEP team.

How is the Placement Determined?• Determined each and every year

• Based on the child’s IEP

• As close as possible to the child’s home

• Places the child in the school he or she would normally attend if not disabled (unless the child’s IEP requires some other arrangement). [§300.116(a)-(c)]

Notification • Parents must have prior written notice about the placement decision a

reasonable time before it implements that decision (§300.503).• Notice must include ( but not limited to):• The educational placement of the child to be initiated, as proposed

by the agency• An explanation of why the agency proposes that placement• A description of each evaluation procedure, assessment, record, or

report the agency used as a basis for the placement decision• A description of other options considered and why these options

were rejected• A statement that the parents have protection under IDEA’s

procedural safeguards and the means by which a description of those safeguards may be obtained

• Sources that can help the parents understand IDEA’s pertinent provisions.