1. IDEA Past, Present, & Future

2. Objectives
To understand and identify the components and major provisions of IDEA
To share in some experiences of students who qualify for services under ID
To gain strategies you can apply to your own classroom practices

3. Purpose of IDEA
(A) to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further 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;
(IDEA, 20 USC § 1400 [d][1])

4. Percentage distribution of students ages 3–21 served under the Individuals with Disabilities Education Act (IDEA), Part B, by disability type: School year 2015–16

5. Legal System Compnents
Branch
Role
Types
Legislative
Creates
Statutory & Constitutional
Executive
Enforces
Regulatory
Judicial
Interprets
Case
Legislation
Regulation
Litigation

6. Where did IDEA originate?
1918 Compulsory education in all states 1893 – 1969 Court-upheld exclusions for students who would not benefit from education or who disrupt the education of others 1954 Brown V. Board of Education 1965 Elementary and Secondary Education Act 1971 PARC v. Commonwealth of Pennsylvania 1972 Mills v. Board of Education 1975 Education for All Handicapped Children Act (EAHCA) PL (94th Congress; 142nd bill passed) Reauthorized 1986, 1990, 1997, 2004
Brown: Equal protection doctrine extended to a class of students; Topeka, KA
PARC: Students with disabilities ages must be provided free public education
Mills: Due process & procedural safeguards (right to hearing with representation, a record, impartial hearing officer; right to appeal, right to access records, required written notice at all stages of the process)
Became the foundation of the due process component in EAHCA 1975.
(Yell, 2019)

7. 1975 Education for All Handicapped Children Act (EAHCA)
PL (94th Congress; 142nd bill passed)
LRE: Most like setting of non-disabled peers that meets each child’s educational needs
AKA Mainstreaming law
FAPE ages 5 – 18
Procedural & substantive
Parental notification & procedural safeguards
Individualized assessments & educational programs (IEP)
Provides necessary related services
First time LRE term used. transportation, and such developmental, corrective, and other supportive services as are required to assist the
child with a disability to benefit from
special education (including speechlanguage pathology and audiology services,
psychological services, physical and occupational therapy, recreation, including therapeutic recreation, early identification and
assessment of disabilities in children, counseling services, including rehabilitation
counseling, orientation and mobility services, and medical services,
(Vaughn, Bos, & Schumm, 2016)

8. (Morrison, 2008)

9. 1986 Education of Handicapped Act Amendments
FAPE ages 3 – 5
Early intervention programs ages 0 – 2
Child Find
locate, identify, and evaluate 
(Vaughn, Bos, & Schumm, 2016)

10. 1990 Individuals with Disabilities Education Act
Person-first language
Services include social work, rehabilitation, and AT
Confidentiality & due process for parents & students
Added Autism & TBI (13 categories)
Bilingual education for students with disabilities
Transition services by age 16
(Vaughn, Bos, & Schumm, 2016)

11. 1997 Individuals with Disabilities Act
Continued services if expelled
Behavior manifestations, BIP, & positive behavioral supports
“Developmentally delayed” extended to age 9
Access to gen ed curriculum
Sped staff in gen ed can assist gen ed students
Gen ed teacher required IEP team member
Students with disabilities participate in statewide & district testing
Special factors (behavior, LEP, visual impairment, deaf/hh, AT)
(Vaughn, Bos, & Schumm, 2016)

12. 2004 Individuals with Disabilities Education Improvement Act
RTI for identification
Highly Qualified special education teachers
Additional early intervention services funding
Aligned to NCLB 2001
Required Team Members
Access to accountability
No longer requires “severe discrepancy” between achievement and intellectual ability
Meausurable annual goals with reporting requirements to parents; if not going to make annual goal, had to make instructional changes
(Vaughn, Bos, & Schumm, 2016; Yell, 2019)

13. Major Provisions of IDEA
Free & appropriate education (FAPE)
Least restrictive environment (LRE)
Individualized Education Program (IEP)
Appropriate evaluation
Family involvement
Due process
(National Association of Special Education Teachers, n.d.)

14. Acrostic Mnemonic Activity
With your group, create an acrostic mnemonic device to remember the major provisions of IDEA (e.g. Roy G. Biv)
Free & appropriate education (FAPE)
Least restrictive environment (LRE)
Individualized Education Program (IEP)
Appropriate evaluation
Family involvement
Due process

15. Parts of IDEA General provisions (Purpose, definitions)
Education of children with disabilities 3 – 21
Infants & toddlers with disabilities birth – 2
Funding
Title 1 A – D
Tittle II National Center on Special Education Research
Expand knowledge base in special ed
Improve services under IDEA
Evaluate implementation & effectiveness of IDEA

16. Additional Notes Section 504 Rehabilitation Act 1973
Americans with Disabilities Act 1990

17. Important Cases
Board of Education of the Hendrick Hudson School District v. Rowley, 1982
FAPE = Opportunity to achieve full potential or simply receive “educational benefit” from instruction
Intent of IDEA was to ”open the door of public education….[not] guarantee any particular level of education once inside” (Rowley, 1982, p. 192)
Two part test: procedural & substantive
De minimus?
Endrew F. v. Douglas County School district, 2017
“Appropriately ambitious” in light of the students' circumstances
Parents substantively involved in IEP development & decisions

18. Misunderstood Minds
Decoding Activity
Try It

19. Misunderstood Minds
Arithmetic Activity
Try It

20. “In these days, it is doubtful that any child may reasonable be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right that must be mad available to all on equal terms.”
~Chief Justice Earl Warren, Brown V. Board of Education (1954, p. 493)

21. Objectives
To understand and identify the components and major provisions of IDEA
To share in some experiences of students who qualify for services under ID
To gain strategies you can apply to your own classroom practices

22. Additional Resources https://www.parentcenterhub.org/idea-copies/
Section 504