Chapter Primer

The information presented below serves as an introduction to the content presented in this chapter.

• The Individuals with Disabilities Education Act (IDEA), which is one of the federal laws that pertain to persons with disabilities, is the one that has the most direct impact on public school programming for students with disabilities. This law establishes the fundamental underpinnings of special education and must be adhered to by all public school teachers, both general and special education teachers alike.
• Special education refers to the services students with disabilities receive. While many school personnel assert that a student with a disability “has been placed in special education,” it is much more accurate to say that when a student has met the two-part eligibility criteria for special education, this means that the student has been determined to need services that directly address the impact of the student’s disability on her educational performance.
• The definition of “special education” is put forth in the Individuals with Disabilities Education Act. A noteworthy part of this definition is the phrase “specially designed instruction,” which refers to the content, methodology, and delivery of instruction that comprise the foundation of a student’s special education.
• There is one Outside Activity in this chapter. It is the required reading “Q&A on Part B of IDEA 2004: Purposes and Key Definitions.” This reading highlights and extends the content presented elsewhere in this chapter.

The Individuals With Disabilities Education Act: The Legal Basis for Special Education

The focus of this chapter are matters pertaining to the legal basis for the special education services that are provided to students with disabilities by our nation’s public schools. One thing the history of special education teaches is that special education’s existence is dependent on legislation and court rulings. Therefore, to develop a basic understanding of special education, you must know key laws and court rulings. 

Various federal laws address the provision of educational services to school-age students with disabilities. These laws include Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 (ADA), the Family Educational Rights and Privacy Act (FERPA), the Every Students Succeeds Act (ESSA), and the Individuals with Disabilities Education Act (IDEA, 2004) (PROGRESS Center, 2022). Arguably, this last law, the IDEA, is the one that has the most direct impact on the design and day-to-day implementation of the special education services that are provided on behalf of a student with a disability.

The IDEA was enacted on November 29, 1975 and, at that time, was titled the Education for All Handicapped Children Act (EAHCA). Over time, this original legislation has been amended in various ways. One set of amendments included changing the law’s name so that it reflects the use of person-first terminology; hence, the law is currently named the Individuals with Disabilities Education Act (IDEA).

The IDEA is an expansive piece of legislation. Along with its accompanying federal regulations, it directs the provision of special education services to students with disabilities, ages 3-21, inclusive, as well as planning for their post-secondary transition needs. Accordingly, appropriate school programs for students with disabilities who receive special education services can only be designed and implemented by accounting for the numerous provisions in the IDEA.

Reference

PROGRESS Center. (2022). Introduction to federal and state laws impacting students with disabilities self-paced module. Retrieved from Go to the Promoting Progress Website to access this reference.

Learning Objectives

The learning objectives pertain to the sections presented below: (a) The Legal Basis for Special Education; (b) Key Features of the Individuals with Disabilities Education Act; (c) IDEA’s Purpose/Mission Statement; (d) Special Education is a Service Rather Than a Standardized Program; and, (e) Special Education is “Specially Designed Instruction.” After working through all of the content presented in each section, you should be able to

• Name the law that has the most direct impact on the design and day-to-day operation of the special education program that is implemented on behalf of a student with a disability
• State which teachers must comply with the Individuals with Disabilities Education Act (IDEA)
• Identify five key features of the IDEA
• State the purpose of the IDEA
• Explain what is meant by the phrase, “Special education is a service”
• Explain the meaning of these parts of the definition for special education: “specially designed instruction,” “meet the unique needs,” and “child with a disability”
• State the two-part eligibility criterion for the receipt of special education services

Key Features of the Individuals with Disabilities Education Act

The Individuals with Disabilities Education Act (IDEA) is a federal law that directs the provision of special education services for students with disabilities, ages 3-21, inclusive. While certain provisions in the law pertain to students with disabilities who attend private schools, the majority of the provisions apply to students with disabilities enrolled in public schools. Hence, the information presented in this chapter about the IDEA will pertain to this latter group of students.

The IDEA exists to ensure that each student with a disability receives what is called a free, appropriate public education (FAPE) ^[Ref] . Thus, the law applies to those who work in public schools. That is to say, as a condition of their employment in a public school in the United States, every public school teacher is obligated to comply with the IDEA.

Key features of the IDEA include the following.

1. The IDEA was first passed in 1975 and was titled the “Education for All Handicapped Children Act (EAHCA).” At that time, its primary focus was providing students with disabilities access and public education opportunities. Access meant being able to enter a public school building. At the same time, opportunity referred to an education involving special education services that enabled a student to realize some educational benefit. After its passage in 1975, the law has been amended periodically. These amendments have (a) retained those aspects of the law that were functioning properly, (b) changed aspects that were not functioning properly, and (c) added new aspects altogether. Over time, one new aspect of the law was its name, which, in 1990, was changed to the Individuals with Disabilities Education Act (IDEA). The new name reflects person-first language (also called person-first terminology) when referring to an individual with a disability.
2. The IDEA contains a statement of purpose, which has also been referred to as its mission statement. In part, the IDEA’s purpose is to prepare students with disabilities for post-secondary (i.e., post-high school) education, employment, and independent living.
3. The IDEA is a federal law. However, you need to note that the terms “law” and “statute” are synonymous, so you will see references to the IDEA as both a law and a statute. Furthermore, the IDEA has an accompanying set of regulations, which are the written details that guide the actual implementation of the law. IDEA’s regulations carry the same weight as the law (i.e., school personnel are legally obligated to comply with both the statute and its accompanying regulations).
4. Each state can have its own set of special education laws and regulations. However, these laws and regulations must, at a minimum, abide by the content that is put forth in the IDEA and its accompanying regulations. A state may offer more special education services than those required by the IDEA, but a state may not provide fewer services. For example, one state’s special education law says that students with disabilities, ages 3-26, inclusive, are entitled to receive special education services.
5. There are four parts to the IDEA: Part A, Part B, Part C, and Part D. Part B is the part that is most relevant to school-age students as its content pertains to the provision of special education services to students with disabilities, ages 3-21, inclusive. This means that a student with a disability is eligible to receive special education services beginning the day he turns 3 years old through age 21 (meaning until he turns 22).

References

Individuals With Disabilities Education Act. (2004). Retrieved from sites.ed.gov/idea/

IDEA’s Purpose/Mission Statement

As was noted above, the purpose of the IDEA, which is also referred to as its mission statement, says, in part, that school personnel are to prepare students with disabilities for post-secondary education, employment, and independent living. School personnel achieve this purpose by providing students with disabilities with high-quality educational programs.

The reason you need to know about IDEA’s purpose is that many people erroneously believe that the purpose of special education is to eliminate any academic achievement gap that results from a student’s disability. An academic achievement gap refers to the level of a student’s academic performance compared to the academic performance level expected of the student based on his current grade level. Specifically, an academic achievement gap exists when the student’s actual academic performance is below his current grade level (e.g., a 4th-grade student who demonstrates academic achievement at a 1st-grade level). While educators will work diligently to improve the academic performance of a student with a disability, circumstances – such as the extent of a student’s disability – may prevent him from eliminating an academic achievement gap.

Identifying Students With Disabilities

The manner in which a student with a disability is identified as being eligible to receive special education services varies. Some students are identified shortly after birth due to the fact that they demonstrate a noteworthy disability, one which noticeably and significantly impairs their ability to function. I have personal experience with a family member who was born with a genetic disorder that resulted in a significant disability which was apparent at birth due to the physical characteristics she displayed.

Still, other students with disabilities are not identified until they have had sufficient exposure to formal schooling but demonstrate they are having considerable difficulty mastering targeted learning outcomes, which include academic and functional content and engagement in appropriate school social behaviors. Presently, many educators advocate the use of a systematic process for identifying these students. This process is based on the provision of research-based instruction which is intensified as a student persistently demonstrates he is not mastering targeted learning outcomes as a result of the instruction he has received to date. Intensifying instruction involves crafting increasingly individualized instruction in an attempt to enable a student to master targeted learning outcomes.

This systematic process, which is described in terms of what is called a tiered intervention framework, is referred to by different names, which include a multi-tiered system of supports (MTSS), response to intervention (RTI), and positive behavioral interventions and supports (PBIS). However, irrespective the name used to identify the process, there are two primary purposes of every tiered intervention framework.

One purpose is to track the performance of each student in a school so that they are provided  the most effective instruction possible to enable them to acquire the targeted learning outcomes that pertain to academic content and engagement in appropriate school social behaviors. A second purpose is to identify students with disabilities who are eligible to receive special education services. Put another way, the second purpose is to ensure the valid identification of a student with a disability.

“Valid identification” means that the challenges a student is experiencing learning academic or functional content, or the performance of appropriate school social behaviors, are the result of a disability rather than ineffective instruction. That is to say, before concluding that a student has a disability we must exclude, as best we can, the possibility that the student’s learning challenges are the result of inadequate instruction.

A student becomes eligible to receive special education services as (a) a result of having a disability and (b) the disability adversely affecting a student’s educational performance. This circumstance is referred to as the two-part eligibility standard for receiving special education services.

Officially, meaning in accordance with the Individuals with Disabilities Education Act (IDEA), there are three ways that students with disabilities are located and determined to be eligible for special education services through a proper evaluation.

1. Child Find Activities. The IDEA directs each state to conduct activities to locate and evaluate students with disabilities.  These activities likely include public service announcements on radio and television stations, social media apps, and schools’ websites. Likewise, pediatricians and other care providers may be contacted through direct mailings.
2. Parent Referral. A parent may request that their child be evaluated.
3. School Referral. While any school personnel may refer a child for an evaluation, a school referral often results when a student demonstrates a need for specialized instruction after receiving a series of interventions designed to address the student’s performance deficits.

Special Education is a Service Rather Than a Standardized Program

Within the Individuals with Disabilities Education Act (IDEA), special education is defined, in part, as “specially designed instruction to meet the unique needs of a child with a disability.” Before exploring this definition in detail, it is important to note that it establishes the fact that special education is a service and not a standardized program into which students with disabilities are placed. Special education refers to the services a student with a disability is provided to ensure that the student makes progress that is appropriate, considering the student’s circumstances. Altogether, these services comprise a student’s special education program, which is highly individualized.

You need to remain cognizant that special education is not a standardized program into which all students with disabilities are placed, or into which students with a particular disability are placed (e.g., the Intellectual Disability program, the Autism program, or the Specific Learning Disability program). Often, in schools, you will hear an educator say that a student with a disability “has been placed in special education.” The physical location, or place, where students with disabilities receive instruction is an important topic. Still, this topic is separate from first establishing what special education is.

References

Individuals With Disabilities Education Act. (n.d.). Retrieved from sites.ed.gov/idea/

Learning Objectives

After reading this chapter, you should be able to 

• Identify the federal law that has the most direct impact on the design and day-to-day implementation of the special education services that are provided on behalf of a student with a disability
• Present a simple explanation of FAPE (Free, Appropriate Public Education)
• Explain the basic meanings of the specific elements of FAPE
• Explain each of the Individuals with Disabilities Education Act’s (IDEA) six underlying principles

Free Appropriate Public Education (FAPE)

Overall, the IDEA ensures each student with a disability is provided a free, appropriate public education (FAPE). A simple explanation of FAPE is that it involves (a) adherence to the IDEA’s procedures for developing a student’s individualized education program (IEP) and (b) the subsequent proper implementation of the IEP such that it results in a student with a disability making progress that is appropriate, considering their circumstances. Basic meanings of the specific elements of FAPE are as follows:

Free – Special education services are provided without charge to parents or students with disabilities.

Appropriate –  Appropriate means whatever is proper for a student, given (a) that student’s specific strengths and needs, (b) her IEP goals, and (c) the supports and services that are provided to help the student reach those goals. Hence, an appropriate education is unique for each student with a disability because it is grounded on the student’s circumstances. Altogether, a student’s special education services are provided in accordance with a student’s IEP, which results in the IEP serving as the cornerstone of FAPE.

Public – The services are not only provided at public expense, but also under public supervision and direction.

Education – Special education services are provided in preschool, elementary, middle, and high school (Center for Parent Information & Resources, 2017).

The provision of FAPE highlights the fact that special education is specialized instruction for a particular student. It is individualized instruction that cannot be provided through existing general education instruction.

IDEA’s Six Underlying Principles

The law’s six underlying principles address (a) eligibility, (b) evaluations, (c) the individualized education program (IEP), (d) least restrictive environment (LRE), (e) parent and student participation, and (f) procedural safeguards.

1. Eligibility. A student must undergo an evaluation for the purpose of determining her eligibility for special education services. As a result of this evaluation, a student must (a) meet the criteria for one of the IDEA’s categories of disability, (b) the disability must adversely affect the student’s educational performance, and (c) this impact necessitates the provision of specially designed instruction.
2. Evaluation. An initial evaluation is conducted to determine whether a student is eligible to receive special education services. Thereafter, a reevaluation must be conducted once every three years. When the initial evaluation leads to a determination that a student is eligible to receive special education services, the student’s parent(s) must give written permission for these services to be provided. Subsequently, the next step is to construct an IEP.
3. Individualized Education Program (IEP). An IEP is a written document that, generally speaking, notes a student’s learning needs, the services the school will provide, and a plan for how the student’s progress will be measured.
4. Least Restrictive Environment (LRE). Probably because of the word “environment” at the end of LRE, this term has come to be associated with the physical location, or placement, where a student with a disability is educated. However, LRE actually refers to several matters which, altogether, describe the student’s school program. Among these matters  are the location where the student is educated, his access to peers who do not receive special education services, and his access to extracurricular activities.
5. Parent and Student Participation. The IDEA contains numerous provisions for parent participation in special education matters. Student participation is also addressed in the IDEA, and includes having the student being an invited member of the team that writes the student’s IEP.
6. Procedural Safeguards. A number of parent rights are ensured under the IDEA. These rights include (a) the provision of FAPE to the parent’s child with a disability; (b) an IEP, with measurable goals, for the child; (c) parental participation in meetings related to the identification, design of services, and evaluation on behalf of the parent’s child; and, (d) dispute resolution mechanisms (The Arc – Jefferson, Clear Creek & Gilpin Counties, 2018).

References

Center for Parent Information & Resources. (2017). Q&A on Part B of IDEA 2004: Purposes and key definitions. https://www.parentcenterhub.org/qa1/

Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1401 et seq.

PROGRESS Center. (2022). Introduction to federal and state laws impacting students with disabilities [Online module]. https://promotingprogress.org/training/federal-state-laws-students-with-disabilities

The Arc – Jefferson, Clear Creek & Gilpin Counties. (2018). Special education & IEPs: An introduction to special education law: 6 principles of IDEA. https://www.arcjc.org/gethelp/classestraining/idea/ideaoverview.html [Special Note: This resource refers to 14 categories of disability in the IDEA, with the 14th being Infant or Toddler with a Disability.]

Special Education is “Specially Designed Instruction”

As stated previously, special education is defined, in part, as “specially designed instruction to meet the unique needs of a child with a disability.” Three parts of the definition are explained below.

Specially designed instruction

This refers to the content, methodology, and delivery of instruction for a student with a disability.

• Content. The knowledge and skills taught.
• Methodology. The instructional strategies for teaching the content.
• Delivery of instruction. Who will teach the student, where the instruction will be presented, and when the instruction will occur.

Meet the unique needs

Each student’s special education services are to be designed to address the student’s academic achievement and functional performance needs. Academic achievement refers to what a student needs to learn in traditional subject matter areas that include, but are not limited to, English/language arts, mathematics, science, and social studies. Functional performance refers to activities/tasks not considered academic, such as performing at a job, completing personal hygiene tasks, preparing meals, cleaning one’s living quarters, using orientation and mobility skills, and one’s social communication abilities.

Child with a disability

The IDEA uses this phrase but acknowledges that, in addition to preschool-age children and those in elementary school, the phrase refers to individuals considered teenagers and young adults and, therefore, are no longer referred to as children. Thus, in this course, the phrase “student with a disability” is frequently used instead of “child with a disability” since doing so is in keeping with how all individuals with disabilities, ages 3-21, are typically referred to in a school setting. However, remember that both phrases – “child with a disability” and “student with a disability” – are synonymous in terms of the individuals they refer to.

To be considered a student with a disability eligible to receive special education services, a student must meet a two-part eligibility criterion. One part involves the student being identified as meeting the criteria for one or more of the categories of disability that are listed in the IDEA, while the second part involves the student, as a result of the disability, functioning in a way that necessitates the provision of special education services. In other words, the disability adversely affects the student’s educational performance.

References

Center for Parent Information and Resources. (2017). Key definitions in Part B of IDEA: Defining a child with a disability. Retrieved from https://www.parentcenterhub.org/fapebrief-ref-list-child/

PROGRESS Center. (n.d.). IEP tips sheet: What is the statement of special education, or SDI? Retrieved from https://promotingprogress.org/sites/default/files/2021-05/SDI_IEP_Tips.pdf

Q&A on Part B of IDEA 2004: Purposes and Key Definitions

You must read the article titled, “Q&A on Part B of IDEA 2004: Purposes and Key Definitions“

After reading this article, you should be able to

• State how the educational needs of millions of children with disabilities were not being met before the date of the enactment of the Education for All Handicapped Children Act of 1975 (Public Law 94-142)
• Discuss the meaning of “appropriate” with respect to the IDEA
• Explain how the IDEA defines “child with a disability”
• List IDEA’s categories of disability
• Identify where special education is provided

No Cost Resources Pertaining to This Topic

Each item below is a no cost resource that presents information about some aspect of this chapter’s focus, which is “The Individuals With Disabilities Education Act.” To access a resource, use the link provided.

Q&A on Part B of IDEA 2004: Purposes and Key Definitions According to this resource’s author, the Center for Parent Information & Resources (November 2017), this Q&A is designed to answer three questions by looking, in detail, at the mandates and requirements of  the Individuals with Disabilities Education Act (IDEA), as amended in 2004. These questions are (a) What is special education?, (b) What are related services?, and (c) Who is considered a “child with a disability”?

Introduction to Federal and State Laws Impacting Students with Disabilities This resource is an online course from the PROGRESS Center. The Center states that the course is part of a series covering the legal foundations of laws supporting students with disabilities. Those who enroll in this interactive course will be able to do the following:

• Explain the difference between civil rights laws and funding laws
• Identify where the Individuals with Disabilities Education Act, or IDEA, fits within the continuum of federal laws
• Identify other federal laws that have direct implications for students with disabilities
• Understand how state laws may expand federal laws impacting students with disabilities

IEP Tip Sheet: Overview of the Statement of Services & Aids At the outset, this tip sheet states that it “introduces and provides an overview of the statement of special education, related services, supplementary aids and services, and program modifications that are part of the individualized education program (IEP). It also includes a brief summary of federal regulations and tips for implementation.”

IEP Tip Sheet: What are Related Services? At the outset, this tip sheet states that it ” introduces and briefly defines related services that promote progress by ensuring that students can benefit from special education and shares tips for implementation.”

IEP Tip Sheet: Program Modifications or Supports This tip sheet, from the PROGRESS Center, introduces and briefly defines program modifications and supports that promote access to and progress in general education programming and shares tips for implementation.

IEP Tip Sheet: What is the Statement of Special Education or SDI? At the outset, this tip sheet states that it “introduces and briefly defines what is needed for the statement of special education as defined as specially designed instruction, or SDI, and provides tips for implementation.” The tip sheet also states that the reader is to check their state law for supplemental requirements.