APPENDIX B
Major Federal Special Education Provisions
Under federal legislation enacted in 1975 and amended in 1990 and 1997, children with disabilities between the ages of three and 21 have the right to a free and appropriate public education in the least restrictive environment.1 Free and appropriate public education (FAPE) has been interpreted to mean special education and related services designed to meet the unique needs of disabled students and prepare them for employment and independent living.
There are 13 categories of disabilities defined in the federal Individuals with Disabilities Education Act (IDEA) that establish eligibility for services. They are:
· autism;
· deaf-blindness;
· hearing impairment;
· mental retardation;
· multiple disabilities;
· orthopedic impairment;
· other health impairment;
· serious emotional disturbance;
· specific learning disability;
· speech or language impairment;
· traumatic brain injury; and
· visual impairment.
To be eligible for services, a student must have one or more of the listed disabilities and that disability must adversely affect the child's educational performance, resulting in the need for special education and related services.
Related services include transportation and developmental, corrective and supportive services as are required to assist a child with a disability to benefit from special education. Examples include: speech and language, audiology, psychological, physical and occupational therapy, recreation, orientation and mobility, social work, counseling, and medical services for diagnostic or evaluation purposes.
Individualized Education Program -- IEP
Each child diagnosed with a disability and who qualifies for special education and related services must have a current Individual Education Program (IEP) in place at the beginning of each school year. The IEP specifies in writing the services to be provided and includes statements regarding the following areas:
· present levels of educational performance and how the child's disability affects involvement and progress in general curriculum;
· measurable annual goals, including benchmarks to meet child's educational needs to enable the child to be involved in and progress in the general curriculum;
· special education, related services, supplementary aids and services to be provided;
· program modifications or personnel support that will be provided;
· individual modifications of administration of assessments and, if necessary, why regular assessment is not appropriate and how child will be assessed through alternatives (and whether child will be involved in state testing, such as the CMTs and CAPTs Connecticut).
The IEP also must indicate in writing how supplementary aids, services, program modifications, and support personnel will help the child:
· advance appropriately toward annual goals;
· be involved in and progress in general curriculum;
· participate in extracurricular and non-academic activities; and
· be educated and participate in activities with other children with disabilities and with non-disabled children.
The IEP must be accessible to the child's regular education teacher, special education teacher, related service provider(s), and other service providers responsible for implementation. Each teacher and provider described in the IEP must be informed of his or her specific responsibilities related to implementation and the specific accommodations, modifications, and supports that must be provided. The IEP must also include:
· an explanation of the extent to which, if any, child will not participate with non-disabled children in the regular class;
· how the child's progress toward annual goals will be measured and how the parents will be informed; and
· transitional services to be provided beginning at age 14.
An Individualized Family Service Plan (IFSP), a written plan for providing early intervention services, may serve as IEP for child aged 3 through 5 if: it is developed in accordance with IDEA requirements; is permitted by state law; and both the school district and child's parents agree.
IEP Team (Formerly the Planning and Placement Team, PPT)
A child's IEP must be developed by team of individuals that includes:
· the parents of disabled child
· an individual who can interpret instructional implications of evaluation results;
· at least one of the child's regular classroom teachers;
· at least one of the child's special education teacher (or if appropriate one special education provider);
· other individuals with knowledge or special expertise about the child including related service personnel at the parent's discretion;
· a representative of the district qualified to provide or supervise specially designed instruction, knowledgeable about the general curriculum and availability of local resources; and
· the disabled child when appropriate.
Under new rules established by the 1997 amendments to IDEA, the IEP team must consider the following:
· the strengths of the child and the concerns of the parents for enhancing child's education as well as evaluation results;
· special factors pertaining to behavior problems, limited English language proficiency, children who are blind or visually impaired, communication needs and assistive technology.
Review and Modification
Each IEP must be reviewed at least annually to determine if annual goals are being achieved. If either the child's parent or the school district believes components of an IEP should be changed, a team meeting must be conducted. An IEP is to be revised as appropriate to address:
· any lack of expected progress toward annual goals;
· any lack of expected progress in general curriculum;
· results of any re-evaulations;
· information about child provided by parent; and
· transition objectives.
Parental Rights
Parental consent must be obtained before an initial evaluation can take place to determine if a child has a disability and how the child's educational needs will be met. It is also required for any re-evaluation. Parents have the right to obtain an independent educational evaluation at public expense. Parental consent is rquired for initial placement of a child into special education services or a private placement.
Parents are members of the IEP team and have the right to request a team meeting at any time. Parent must be informed of their child's progress at least as often as parents of non-disabled children. Parents have the right to:
· examine all records pertaining to their child;
· prior written notice whenever a district proposes or refuses to initiate or change an identification, evaluation, educational placement, or provision of FAPE;
· an opportunity for mediation to resolve certain disputes;
· an opportunity to present complaints in certain matters (and states must develop a model form to assist parents in filing a complaint); and
· due process hearings and appeal processes for complaints and regarding the determination that a child's behavior was not a manifestation of the child's disability.
Prior written notice must include:
· a description of the action proposed or refused by the district;
· an explanation why the action is proposed or refused;
· a description of other options considered and why they were rejected
· a description of each evaluation procedure, test, record, or report used in the district's decision;
· a description of any other factors relevant to the district's decision;
· a statement of the parent's procedural safeguards and the means for obtaining them; and
· sources for the parents to contact for assistance in understanding their rights.
Parents cannot transfer children to private schools without giving districts the opportunity to match the service. Disagreements over the availability of an appropriate program and financial responsibility questions are subject to due process procedures.
1 The original legislation, Public Law 94-142, The Education for All Handicapped Children Act, was renamed The Individuals with Disabilities Education Act in 1990. Congress initially committed federal funds for up to 40 percent of the additional costs related to special education but has never provided more than 11 percent. Federal funding currently accounts for about 9 percent of special education spending in Connecticut.