rently, the attitude towards

LRE is inclusion in the gen-

eral education classroom.
However, depending on the
child this will vary; if the
child will receive the best
overall education in a sepa-
rate environment, then this
new setting may be consid-
ered the LRE.
The Individuals with Dis-
abilities Education Act
(IDEA) was passed in 2004.
The purpose of this act is to
ensure a quality education for
all children with disabilities,
and to protect the rights of
these children and their fami-
lies. Some key points of
IDEA are free and appropri-
ate public educa-
tion (FAPE), Individualized
Education Plans (IEPs), and
the least restrictive environ-
ment (LRE). FAPE essen-
tially means that all students
with disabilities are provided
with the necessary accommo-
dations, such as special edu-
cation services, that enable
the child to receive an
appropriate education for
free. Appropriate in this
instance does not mean
best nor does it mean that it
will maximize the childs
potential. IEPs are required
by law, to ensure this appro-
priate education. The IEP is
a plan stating the childs
academic and social objec-
tives and goals, how to attain
them, and a description of the
childs strengths, weaknesses
and interests. LRE refers to
the optimal environment of
learning for the child. Cur-
IDEA: What is it?
Inside this
issue:
IDEA: An
Overview
1
Rights of the
Student and
Family
1
Schools
Obligations
2
IEP: An overview 2
The IEP 3
Assessing the IEP 3
IEP Referral
Process
3

Individuals with Disabilities Education Act
Ryan Conklin VOLUME 1, ISSUE 1

Rights of the Student, Rights of the Parent
The student and the par-
ent also have very spe-
cific rights under IDEA.
For one, the student is
entitled to FAPE, an IEP,
and LRE. This also in-
cludes continued educa-
tion in the event that the
child is removed from
school for 10 or more
days, regardless of the
misconduct. Secondly,
the parent/guardian of
the child holds a great
deal of authority under
IDEA. If a student is to
be evaluated for special
education eligibility, the
parent must be informed.
If the parent agrees, then
the evaluation can take
place. However, if a
parent does not consent,
then the process cannot
continue. This is not
consent for special edu-
cation! In order for the
child to receive special
education services, the
parent must again pro-
vide consent. The parent
is also entitled to be an
active member of the IEP
team; while this is not
mandatory, it is highly
encouraged. If a change to
any existing evaluation,
placement or identification
is proposed, then the par-
ent must receive a written
notice thoroughly explain-
ing the change. Finally,
the parent has the right to
request a due process hear-
ing for any issues regard-
ing their childs education.
If the parent prevails, then
the school is liable for at-
torney expenses, and vice
versa.
LRE: Least Restrictive
Environment

FAPE: Free and
Appropriate Public
Education

IEP: Individualized
Education Plan
Page 2 INDIVIDUALS WITH DISABILITIES EDUCATION ACT
IDEA provides rights to the
parent, and also describes the
rights and obligation of the
school. In addition to providing
FAPE, LRE and IEPs, the
school must follow certain
evaluation protocol. First, the
school is required to identify,
and evaluate all students with
disabilities. Through their
evaluation, the school must use
a variety of assessment tools
and strategies to gather relevant
functional, developmental, and
academic information. IDEA
also states that schools must
implement early intervention
services that rely on proven
methods of teaching and learn-
ing, such as Response to Inter-
vention (RTI). The school dis-
trict must also provide the fac-
ulty and staff with appropriate
professional development ser-
vices so they can implement
these practices. After a student
has been identified and evalu-
ated, the school must reevaluate
a child at least once a year,
unless the parent and school
agree otherwise. IDEA man-
dates the school to hire and train
highly qualified personnel to
provide special education.
Lastly, the school is obligated to
reimburse the expenses for an
alternate education if they do not
meet FAPE in a timely manner,
as determined in court.
Obligations of the School
sometimes the principal, and the
parents. In some cases, the stu-
dent can also be a part of the
team. The team is rather cir-
cumstantial, and outside experts
may be included in the team
depending on the disability; but
typically the mention personnel
are the core team members.
While there is a legal time line
that the creation of an IEP must
follow, the process is designed
for quick implementation.
Lastly, the IEP is a legal docu-
ment, meaning the school is
accountable for following the
IEP. However, the school is not
legally liable for ensuring the
student meets all of his/her in-
tended goals and objectives.
Individualized Education Plan
An Individualized Education
Plan, or IEP, is a legal document
that is catered specifically to one
student. No two IEPs are the
same. In order to receive an
IEP, a student must meet certain
criteria; eligibility for special
education services, and a disabil-
ity that negatively affects the
students educational progress.
In other words, simply having a
disability does not grant an IEP.
The IEP is created by an IEP
Team. This team is typically
made up of the students imme-
diate teacher, a special educator,
a representative of the district,
RTI is a
systematic
approach to
assist children
who are having
difficulties
learning.
Page 3 VOLUME 1, ISSUE 1
The Referral Process
The referral process for an IEP can be complicated. When broken down, it can be
seen as a five step process. First, the student is pre-referred. What this means: A
teacher or parent may notice some abnormalities in their student/childs education and
decide to investigate. Typically, an intervention process will take place. Different
strategies will be implemented in class to try and remedy any learning issues. From
here, three options exist; the intervention works, the intervention sort of works, or the
intervention fails. If the intervention is successful, no further steps are required. If
the intervention sort of works, then different strategies may be tried out and evalu-
ated. If the interventions simply do not work, the student is referred, only if a parent
gives consent. This is step two, the referral and testing. Once referred, the school
will have 120 days to have a licensed psychiatrist test and evaluate the student to de-
termine any disability. If a disability is found, the process continues to step 3; deter-
mination of eligibility. At this step, the core team (now the parents, teacher, psy-
chiatrists) make a decision and recommendation for special education eligibility. If
eligibility is permitted, then the child can now receive special services. However, the
parents can deny consent at this point if they feel their child does not need special
education services. Assuming consent is given, we move to step 4; the IEP meeting.
The core team of educators and parents meet and create a unique IEP for the child and
decide on the least restrictive environment (LRE). Following, the IEP is implemented
and progress is recorded, which brings us to step 5; re-evaluation. By law, the school
must review the IEP every year and make suggestions for revisions and changes if
needed. Every 3 years the child must be re-evaluated in all aspects to determine pro-
gress and any core changes, which brings the cycle back to the testing step.
Assessing and Evaluating the IEP
The student and the IEP are regularly assessed to ensure all
potential measures have been taken to create the best pos-
sible learning experience for the child. It is worth noting
however, that good grades does not mean (IEP) progress.
Grades are an indicator of academic knowledge, but are far
too subjective to be used as a reliable determining factor of
an IEP. So, when evaluating the student and IEP, more
objective practices are implemented. This means content
and skill specific testing that results in objective scores
should be used to track the academic progress of the stu-
dent. Secondly, depending on the student, social goals
may be a part of the IEP. Again, this progress cannot
solely be based on the teachers opinion. Instead, social
goal and objective progress must be evaluated by multiple
people, including psychiatric professionals. The IEP re-
evaluation process should also include professionals, and
the entire team involved in the childs education. The
point of this re-evaluation is to make necessary changes to
the document so that a better education experience can be
provided. As a result, it is important that accurate records
of the child be kept at all times.
The Individualized Education Plan, more commonly known as
the IEP is in many ways the bread and butter of a student with
a disabilitys education. This document articulates absolutely
everything needed to ensure that the student has access to a
quality, and appropriate education. The IEP will include the
childs most pertinent information. This includes a detailed
description of the childs disability, strengths, learning styles,
interests and hobbies. Any piece of information that will aide
in the students instruction, learning, and even social abilities
is included. The IEP will articulate year-end goals that pertain
to the students unique set of needs, as well as objectives and
benchmarks to meet throughout the year. It is important that
everything on the IEP is written with great care; subjective
language is not helpful! Very specific terms that specify ex-
actly what is meant should be used. Lastly, the IEP will iden-
tify any additional resources the child needs to be successful.
This can be a wide range of things, as each childs needs will
differ. Common resources are often counseling time, one-on-
one time with an aide, different academic intervention ser-
vices, the use of specific technologies and so on. Basically,
any type of resource that the student needs to have an appro-
priate education will be described in the IEP, and provided.
The IEP
5 Steps
Pre-Referral 1
Test and Eval 2
Eligibility 3
IEP Meeting 4
Re-Evaluate 5
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References