IDEA or the Individuals with Disabilities Act ensures that every child (student) with a disability or disabilities receives free and appropriate public education (FAPE). The IDEA is a federal law that enforces FAPE in every state of the US.
IDEA makes it mandatory for all public schools to provide free education (FAPE) to all eligible students between the ages of 3 years and 21 years.
IDEA currently lists 13 different categories of disability including Autism Spectrum Disorder (ASD), intellectual disability, learning disability, emotional disturbance, multiple disabilities, and orthopedic impairment.
IDEA has been in effect since 1975 and since then undergone several amendments to suit the evolving nature of free public education in the country.
In this post, we will delve into the key components of the IDEA special education process, including the vital role of Individualized Education Programs (IEP) under Section 504 followed by the importance of data-driven decision-making.
How Does IDEA Enforce Special Education for Children with Disabilities?
When a child has difficulty following instructions and lessons in school, it’s the school’s responsibility to work with the parents and find out why. One of the many reasons could be a disability, which could make the child eligible to receive free special education and related help from the school district.
Today, we will help you understand the basics of how a child can receive free special education and related services in 10 easy steps.
1. Identifying a child who may need special ed
There are two ways in which the children who require special education are typically identified. This particular system is known as the Child Find in the US. The Child Find system is operational in every state.
The Child Find activities may begin in one of two ways -
- The state is required to identify and evaluate all children with disabilities within each school district. Under IDEA, each state must conduct Child Find activities to locate children who may require special ed and related support.
- Upon identification, the child’s parent(s) are contacted and asked for permission for the child’s evaluation. The parent can directly call the Child Find office and request an evaluation of their child.
- The school’s professional can ask for the evaluation of the child. The parents can request their child’s evaluation through the school.
Parental involvement is crucial as their consent is necessary for the evaluation of a child. Parental consent remains “valid” for 60 days. So, the evaluation must be conducted and completed within 60 days of receiving parental consent.
However, it can be possible for the IDEA timelines to vary a little according to the child’s state of residence. In such a case, the state’s timeline will overrule the IDEA timeline.
2. Evaluation of the child
Evaluation involves the complete assessment of the child’s abilities that may be affected by their suspected disabilities. The results of this evaluation determine whether the child will qualify for FAPE under IDEA.
The evaluation process should answer the following questions -
- Does the child have a disability that is recognized by IDEA?
- What are the unique needs of the child?
- What special education and related services does the child require?
However, if the parent disagrees with the results of the evaluation they can take the child for an IEE or Independent Educational Evaluation. The parents have the right to ask the school system to reimburse them for the IEE.
3. The decision-making process
Special ed teachers, a school representative, a speech-language therapist (if required), and the parents should come together to interpret the child’s evaluation report.
The decision-making involves a comprehensive educational assessment of the child. The group must come to a conclusion if the child has a disability covered by the IDEA.
In case the parents disagree with the outcome of the meeting, they can challenge the decision by requesting a hearing.
4. Identification of a child with a disability
Once the special needs student is found to be a child with a disability (as per IDEA criteria), they automatically qualify for special education and related support from the school district.
The professionals from the school (including a special ed teacher) and the parents of the child must meet within the next 30 days post-evaluation to chalk out an Individual Education Plan or IEP for the child.
5. Scheduling the IEP meeting
The first IEP meeting is always scheduled by the school and it involves the child’s classroom teachers, special education teacher, and their parents. So, it is upon the special ed teacher or school staff involved in the IEP creation to -
- Contact all participants of the meeting
- Co-ordinate between all participants to block a suitable time
- Schedule the meeting so it can be attended by all parties involved (including the child/student)
- Explain the purpose and goal of the meeting
- Inform the parents that they are allowed to bring experts (for instance, the child’s SLPs or therapists) who can help with the IEP goal design
6. Creation of the IEP
Once the meeting between the school staff and the parents is successfully scheduled, it is the special ed teacher’s responsibility to ensure that every involved party follows through.
The first IEP for the child is created in the presence of the parents and the child during the first meeting. The parents’ consent is paramount for the school to enforce the new IEP.
Once the IEP is ready and the parents have agreed, the child can receive special education and related services ASAP.
What if the parents disagree with the IEP? They can -
- Discuss their concerns with the members of the IEP team
- Ask for mediation from the school
- File a complaint with the state education agency and request a hearing
7. IEP services are provided
The school must ensure that the child’s IEP is being followed and the child is making due progress. Progress is measured in terms of goal completion including educational, social, emotional and communication skills.
Throughout the year, the special education teacher must keep a verifiable record of the student’s achievements, generally referred to as IEP goal tracking.
Using a dedicated IEP data-tracking software, such as AbleSpace streamlines the work of the special ed teachers, paraprofessionals, and SLPs.
They can maintain the IEP records of multiple students by updating the goals in real time during individual or group sessions/classes with great ease.
8. Measurement of Progress and Reporting
Progress is measured by the respective teachers by tracking the long-term and short-term goals set for each student.
AbleSpace helps the teachers update every time the student achieves a particular goal. That makes it much easier for special ed teachers and SLPs to reset the student’s goals throughout the academic year.
AbleSpace also enables the authorities to generate reports from the goals tracked and achievements for each student within seconds. This tool can help significantly reduce the time and effort devoted to daily, weekly, or quarterly IEP progress monitoring.
These reports are also readily printable and shareable between multiple stakeholders within the school system and the parents.
9. Reviewing the IEP
A child’s IEP must be reviewed at least once. In case the parents or school asks for it, the IEP needs to be reviewed more often.
IEP reviews take place during pre-scheduled meetings during which the parents must be present. Parents have every right to make suggestions.
If the parents disagree with the IEP they can discuss their concerns with the team members. In such a case, the special ed teachers along with other concerned professionals have to conduct additional testing and evaluation of the child’s performance.
Using an IEP goal-tracking software like AbleSpace allows the special education teachers and other members of the team to make data-driven decisions. The impeccable record keeping enables easy changes of the necessary goals for the child.
10. Reevaluation of the child
The child receiving special education should be reevaluated at least once every three years to determine their progress. This allows the special educator and other IEP team members to determine if the student is still a child with a disability (as per IDEA) and the specific educational needs of the child.
However, as per Section 504, the child can receive frequent reevaluation if the parents and/or school authorities deem it necessary. In case the parents are dissatisfied with the progress of the child and find evidence that the child’s progress has been tracked incorrectly, they can appeal to the court against the school district.
To prevent such an incident, the special education teachers and their aides can use AbleSpace for daily IEP data collection & goal tracking.
In conclusion, IDEA's special education process is a meticulously structured framework that prioritizes the needs of children with disabilities, emphasizes parental involvement, and employs data-driven decision-making to ensure their educational success.
It ensures that children are identified, assessed, and provided with the necessary support through a collaborative and data-driven decision-making approach.
The involvement of parents, the creation of IEPs, and the ongoing monitoring of progress are central to this process and that makes the role of automated IEP goal-tracking tools such as AbleSpace indispensable for special ed teachers and school districts.
Special ed teachers, school administrators, and other stakeholders involved in the process can use effective IEP tools like AbleSpace to navigate the complexities of special education compliance as per IDEA and deliver the support students require to thrive.
