Running head: INDIVIDUALS WITH DISABILITES EDUCATION IMPROVEMENT

ACT 1

Individuals with Disabilities Education Improvement Act

Shelby L. Vogel
Dakota State University

Abstract
INDIVIDUALS WITH DISABILITES EDUCATION IMPROVEMENT ACT 2

Researches in depth the principles with in the Individuals with Disabilities

Education Improvement Act (IDEA) and how it benefits the students and

teachers. Explains in depth what is expected from a school and how IDEA

improves the educational system for students with disabilities. The paper will

explain what each principle in IDEA is meant to do to create a better learning

environment. It will also explain how parents will have more confidence in

the education their child is receiving.

INDIVIDUALS WITH DISABILITES EDUCATION IMPROVEMENT ACT 3

Individuals with Disabilities Education Improvement Act

There are many components within the Individuals with Disabilities

Education Improvement Act (IDEA) that have benefitted public school

systems for not only the individuals with disabilities but also for the

educators faced with teaching them. IDEAs main goal is to make learning

easier for the child with a disability and to provide educators with the best

materials possible to fulfill the students needs. IDEA was created to provide

individuals with any learning, mental and/or physical disabilities equal access

to education, protection under the law from harassment and discrimination,

and self-sufficiency skills for independence in their post-educational lives

(Sprayberry, 2014). There are six rights IDEA provides for a parent and

student to ensure success (Bradley, 2008). IDEA also includes Section 504

of the Rehabilitation Act of 1973 protects the rights of individuals with

disabilities in programs and activities that receive federal financial

assistance, including federal funds (Duncan, 2010). With these aspects it is

shown how IDEA is helping the education system grow and develop to the

needs of the children.

The first principle in IDEA is zero reject which states that schools can

not exclude any student with a disability from a free and appropriate

education (Bradley, 2008). This means that, no matter what, a student will

always receive help from their school district and will not be rejected. This

includes students within the ages of 3-21 and they will be provided with

everything needed to be successful. Zero reject is important because it does

INDIVIDUALS WITH DISABILITES EDUCATION IMPROVEMENT ACT 4

not allow us to give up when the student seems to be too difficult to deal

with. Zero reject also touches on what a district might do when a child with

an Individualized Education Program (IEP) needs discipline. It states that

any action that a child with a disability cannot lead to expulsion or

suspension for more than 10 days total within each school year (Bradley,

2008). Manifest determination is when a school considers to have a child

suspended for longer than ten days. It is took into consideration, at this

point, whether or not the child with the disability was acting out because of

the disability; which would make the outburst out of the childs control. If it

is a part of the disability then the school has to complete a functional

behavioral assessment and form a behavioral intervention plan to attend

to that students actions. For the student to be placed in another location,

the parents and school faculty have to agree on the alternative placement

(Bradley, 2008). These steps are taken within zero reject to ensure the child

is still getting an education and able to reach their full potential, inside and

outside of the classroom.

Non-discriminatory is the second part within IDEA. Its main goal is to

determine whether a child has a disability or not. If a child is determined to

have a disability the evaluation serves a second purpose: to specify special

education and related services the student will receive (Bradley, 2008).

Then, there is a four step process that must be taken to ensure the student is

getting the proper education molded to work best with their disability. The

processes also gives guidelines for educators to follow. The four step process
INDIVIDUALS WITH DISABILITES EDUCATION IMPROVEMENT ACT 5

includes Screening: tests that are given to all students to determine which

students may need special attention. Prereferral: present teachers with

immediate assistance in the challenges they face teaching those with

disabilities which may eliminate the need for the evaluation or special

education services. Referral: the official way to ask for a non-discriminatory

evaluation. Non-discriminatory Evaluation: completing a full evaluation of the

child while adhering to the six Principles of IDEIA. (Bradley, 2008). Each step

is here to assure, again that the student will succeed.

Principle three of IDEA is appropriate education which says all

students enrolled in special education have the right to an appropriate

education and related services (Bradley, 2008). This principle is what sets in

place an IEP for the child. An IEP is the most important for a students

success; that is why this principle is the most important in IDEA. An IEP team

is put in place and it includes parents of the child, general education

teacher who specializes in the childs educational level, a special education

instructor, a representative of the school system, who must be qualified to

provide and supervise special education, and should be well-informed about

the general education curriculum and the schools available assets, and a

person who can interpret the evaluation results (Bradley, 2008). Then a

conference is held that covers actions to take to keep the student learning

and growing. Each year the IEP is addressed and changes are made if

necessary; goals and high expectations are discussed for the student. IDEA

has opened opportunities to learning for any student with a learning

INDIVIDUALS WITH DISABILITES EDUCATION IMPROVEMENT ACT 6

impairment, mental and or physical disabilities equal access to education

since the law was enacted (Sprayberry, 2014).

A least restrictive environment is an environment in which a student

with a disability is placed in a general education program with students who

do not have disabilities (Bradley, 2008). This principle requires schools to

allow students with disabilities to participate in sports and other

extracurricular activities. It is also important to note that after a student

with a disability cannot benefit from a general education curriculum, even

with the inclusion of supplementary aids and services, the school does have

the right to place the student in an atypical classroom which would be less

inclusive, yet more specialized in order to meet the students needs

(Bradely, 2008). School districts are encouraged to have high expectations

from the student which will promote better effort from the student.

Procedural Due Process is a more legal aspect of IDEA. This is a rule

providing safeguards for students against schools actions, including the right

to sue (Bradley, 2008). It allows parents to decide and be a part of the

decisions made for their child. The due process procedures must allow the

parents or guardians of students in elementary and secondary schools to

challenge evaluation and placement procedures and decisions (Duncan,

2010). Procedural is important because it allows the parents to be

knowledgeable in what the school is doing to give their child the best

education.
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Parental and Student Participation is what ties IDEA together and lets it

work correctly. It requires schools to collaborate with parents and

adolescent students in designing and carrying out special education

programs (Bradley, 2008). It also states that parents have the right to be

members of the IEP team, receive notice before the school does anything

about the students right to a free and appropriate education, access school

records and control who has access to their students records, and must be

invited to participate on special education advisory committees. This is what

makes IDEA most successful because not only are educators involved in the

students success but the parents are as well which gets transferred to the

students home life as well.

IDEA, in many ways, has benefitted the way teachers educate students

with disabilities. Students with disabilities are also receiving the education

that is necessary for them to be successful inside and outside of the

classroom. Each principle in IDEA is shaped so that educators and students

are able to reach the highest potential and be prosperous.

References

Bradley, M. E. (2008). IDEA/IDEIA: Individuals with Disabilities Education Act.

Retrieved November 15, 2016, from
http://faculty.frostburg.edu/mbradley/disabilities/IDEA.html#P2
Duncan, A. (2010, August). Free Appropriate Public Education under Section
504. Retrieved November 15, 2016, from
http://www2.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html
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IDEIA - Individuals with Disabilities Education Improvement Act. (2016,

November 15). Retrieved November 15, 2016, from

http://www.specialednews.com/special-education-dictionary/ideia---

individuals-with-disabilities-education-improvement-act.htm

Sprayberry, T. L. (2014, December 30). The Impact of I.D.E.A. for Students

With Disabilities and Education Equality: 40 Years Later. Retrieved
November 16, 2016, from http://www.huffingtonpost.com/trisha-lynn-
sprayberry/idea-for-students-with-disabilities_b_6312830.html