The Public Law 94-142 Individuals with Disabilities Education Act

B.

When determining whether a student has a particular disability that requires special services, a team of individuals is formed to conduct an evaluation of that student's specific needs. This multidisciplinary team typically consists of the student's parents or guardians, at least one general education teacher, at least one special education teacher, and often one or more specialists who can appropriately administer evaluation instruments and interpret the results that they yield. If the student is at least 18 years old, he or she is also a member of the evaluation team; in some cases, students younger than 18 may participate in team decision making as well. The exact makeup of each team depends on the needs of the student and varies somewhat from state to state.

To avoid a biased assessment, school personnel use tests and other evaluation tools that can provide an accurate, meaningful, and complete indication of the specific disabling conditions. Evaluation instruments must be administered by individuals trained in their use, and evaluation procedures must take students' backgrounds and any suspected physical or communication difficulties into account. Tests must by administered in students' primary language. Students must be assessed in all areas related to their potential disability and so may be assessed with regard to any one or more of the following characteristics: general intelligence, specific academic aptitude, social and emotional status, communication skills, vision, hearing, health, and motor skills. AS a final safeguard, students must be evaluated on the basis of multiple assessment methods, never on the basis of a single test score.

C.

The least restrictive environment is the most typical and standard educational environment that can reasonably meet a student's needs. Students with disabilities should not be segregated from their classmates; instead, they should be included in the same academic environment, extracurricular activities, and social interactions as their non-disabled peers. The general rule here is that educators must begin by assuming that a student will be educated within a regular classroom context and given sufficient supplementary aids and support services to make success in that context possible. Exclusion from general education is warranted only when teachers or other students are clearly jeopardized or when, even with proper support and assistance, the student cannot make appreciable progress in meeting educational goals in a general education classroom.

D.

An instructional program tailored to the student's strengths and weaknesses, called an individualized educatgion program, must be developed and described in written form for each student identified as having a special educational need. The IEP is typically developed by the same multidisciplinary team that has evaluated the student. All team members agree to and sign the IEP and then continue to review and (if appropriate) revise it at least once a year-more frequently if conditions warrant doing so or if a parent or teacher requests a review.

An IEP typically has the following components: A description of the student's current educational performance; short-term objectives and long-term instructional goals for the student; the methods to be used in accomplishing the instructional objectives, including the services of any specialists that may be required and any curricular and instructional supports that the school will provide; and criteria and procedures to be used in evaluating the success of the prescribed methods. If applicable, the team must also describe the extent to which the student will receive some educational programming outside the context of the regular classroom and justify why such placement is in the student's best interests.

E.

Implicit in IDEA is the assumption that a student with disabilities has the same rights as nay other U.S. citizen. IDEA mandates several practices that ensure that the student's rights, as well as those of the parents acting on behalf of their child, are preserved throughout the decision making process. Parents must be notified in writing before the school takes any action that may change their child's educational program. Parents can give or withhold permission to have their child evaluated for special education services. At their request, parents can see all school records about their child. If parents and the school system disagree regarding the most appropriate placement ofr a child, mediation or a hearing before an impartial individual can be used in an attempt to resolve the differences. Either parents or the school district may appeal the result of a due process hearing to the state department of education.