Running head: IDEIA ESSAY 1

IDEIA Essay

Alexis M. Kortan

Elementary Education Major

Dakota State University

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Abstract

In 1975 the Education for All Handicapped Children Act was put into law. In 1990 the law was

renamed the Individuals with Disabilities Education Act, also known as IDEIA. The law was last

changed in 2004 and is now called Individuals with Disability Education Improvement Act, also

known as IDEIA. There currently are six principles of IDEIA including: Zero reject,

nondiscriminatory evaluation, free appropriate public education, least restrictive environment,

procedural safeguards, and parent participation and shared decision making. IDEIA has changed

the face of education.

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IDEIA Essay

In 1954 the Brown vs. the Board of Education case raised questions of equal access to

education. The number of court cases increased in the 1960s and 1970s. The parents used the

14th Amendment, which states that no state shall deny any person within its jurisdiction the

equal protection of the law and that no state shall deprive any person of life, liberty, or property

without due process of law. Later, in 1975, Congress passed Public Law 94-142, the Education

for All Handicapped Children Act (Heward 15). It was reauthorized and amended five times. In

1990 the law was renamed the Individuals with Disabilities Education Act, also known as

IDEIA. The most resent update to the law was in 2004, now called Individuals with Disability

Education Improvement Act. Currently there are six principles of IDEIA including: Zero Reject,

Nondiscriminatory Evaluation, Free Appropriate Public Education, Least Restrictive

Environment, Procedural Safeguards, and Parent Participation and Shared Decision Making.

Zero Reject is the first principle that says, schools must educate all children with

disabilities no matter the severity of the disability. Schools must provide special education to

students with disabilities from the ages of three to twenty-one, and students with no disabilities

from age three to five and eighteen to twenty-one. IDEIA requires the child find system which

each state education agency is responsible for locating, identifying, and evaluating all children

birth to twenty-one for students with disabilities (Heward 16).

The second principle is nondiscriminatory identification and evaluation that states,

schools must use nonbiased and multifactored methods of evaluation. Nonbiased procedures

and test must not discriminate on the basis of race, culture, or native language. The test must be

in childs native language (Heward 17). Multifactored test is multiple test, identification and

placement decisions cannot be based on one test. Students must take multiple tests. A way to
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avoid bias homework or test would be to give individual instructions that will benefit the student.

All students are outstandingly smart, but no student learns the same, some may excel at test

while others surpass at projects. An example of a prejudiced question is giving a boy a

photograph of Cinderella then asking who Cinderella is, knowing most boys will not know who

Cinderella is; therefore, the boy gets the answer wrong.

The author believes that every student should have an IEP. It will be more work for the

teacher but will benefit the student, the students parents and the teacher. The Free, Appropriate

Public Education as known as FAPE, is an individualized Education Plan (IEP) must be

developed for each child. The education must be provided at public expense with no cost to

childs parents (Heward 17). Schools must provide for school but not for student to take home.

For example, if a student needs a gait trainer the school must provide one at school, but do not

need to provide one for the child at home. The reason for this is the cost to provide for home and

school may be too expensive. The school can deny the student or parents ability to take the

device home because of the risk of it breaking or being stolen.

This is a court case Hendrick Hudson Central School District vs. Rowley. Introduction to

Special Education discussed the court case; in a classroom there was a student with a hearing

impairment and the mother said the school must provide a sign language interpreter for her

daughter. The school provided an interpreter but noticed the student didnt seem to be using the

interpreter. Therefore, the school stop providing the interpreter and the mother tried to sue the

school system because the school was denying her FAPE. When the mother and school went to

court the school proved the daughter was not using the interpreter, so the school was not required

for supplying an interpreter.

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Least Restrictive Environment (LRE) is the idea that students must be educated with

children without disabilities to the maximum extent appropriate (Heward 17). Try to keep

student in the general ed classroom is the first consideration, the only reason why a student

should be removed from the general classroom is if the student is unable to receive an

appropriate education and needs supplementary aids or services (Heward 19). An IEP must

justify why and when inclusion will not take place. If unable to aid or give services to that

student, the district must provide alternative placement.

Due process safeguards protect parents and childrens rights. The only people that should

have the childs information are the students teachers and the parents. If a teacher were to leak

the information it would break the students confidentiality. Before evaluations and placement

decisions regarding special education the parents must agree. The parents have the right to due

process all the information given to them.

States must also offer parents an opportunity to resolve the matter through mediation by a

third party before holding a due process hearing. If parents prevail in due process or

judicial proceedings under IDEIA, the state must reimburse their attorneys free. Most

conflicts are resolved without restoring to a due process hearing (Heward 20).

The National Association of State Directors of Special Education (NASDSE) reported an

increase in the total number of hearings held nationwide (Zirkel).

Shared decision making states that schools must collaborate with parents and students

with disabilities in the planning and implementation of special education and related services

(Heward 20). Parents have the last say and teachers must respect their opinions. In this principle

the ten communication guidelines are very important.

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Over the years IDEIA has changed for the better of the students, parents, and teachers.

The most resent update to the law was in 2004, now called Individuals with Disability Education

Improvement Act. There currently are six principles of IDEIA including: Zero reject,

nondiscriminatory evaluation, free appropriate public education, least restrictive environment,

procedural safeguards, and parent participation and shared decision making.

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References

Heward, W. L. (2013). Exceptional Children: An Introduction to Special Education (10th Edition

pg. 13 - 21) Arlington, VA: Pearson Education

Zirkel, A.P, Karanxha, Z, Angelo, D.A. (2007). Creeping Judicialization In Special Education

Hearings?: An Exploratory Study. University of South Florida: Scholar Commons