Anaya Nolan
Is your school district breaking special education law? It's a question that's been asked in Oregon, where over 130 emergency licensed teachers were hired as special education instructors in recent years, potentially violating the Individuals with Disabilities Education Act (IDEA). This federal law ensures that children with disabilities receive an appropriate public education, equal to that of their peers without disabilities. It also guarantees special education and related services to these children. While the state is responsible for ensuring compliance with IDEA, Oregon education officials have seemingly evaded this duty, claiming that the onus is on school and district administrators to ensure teacher qualifications. This situation raises concerns about the quality of education for students with disabilities and underscores the need for proper implementation of special education laws.
| Characteristics | Values |
|---|---|
| Federal Law | Individuals with Disabilities Education Act (IDEA) |
| State Law | Michigan Administrative Rules for Special Education (MARSE) |
| Purpose | Ensure eligible children with disabilities receive a free appropriate public education (FAPE) |
| Applicability | Over 6.5 million eligible infants, toddlers, children, and youth with disabilities |
| Requirements for Teachers | Bachelor's degree and full state certification |
| Requirements for Districts | Locate, identify, and evaluate all children with disabilities |
| Requirements for Districts | Provide an Individualized Education Program (IEP) |
| Requirements for Districts | Notify parents of any actions impacting the child's special education |
| Requirements for Districts | Provide transition services for students with IEPs by their 16th birthday |
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What You'll Learn
Understanding the Individuals with Disabilities Education Act (IDEA)
The Individuals with Disabilities Education Act (IDEA) is a law that ensures eligible children with disabilities have access to a free appropriate public education (FAPE) that is tailored to their individual needs. IDEA was first passed in 1975 as the Education for All Handicapped Children Act. It was renamed IDEA in 1990 to place more focus on the individual. The law covers children from birth through high school graduation or until they turn 21, whichever comes first.
IDEA places two main responsibilities on states and their public schools. Firstly, school districts must provide a FAPE to children with disabilities, with as much integration with their peers as possible – this is known as the least restrictive environment, or LRE. Schools must identify and evaluate students with disabilities at no cost to families, and if a child has a qualifying disability, offer special education and related services (e.g. speech therapy, counselling) to meet their unique needs. This is provided through an Individualized Education Program (IEP), which is designed by a team including the child's parents and teachers.
Secondly, IDEA gives parents a voice in their child's education, providing them with specific rights and protections, known as procedural safeguards. For example, schools must get consent from parents before providing services, and parents have the right to challenge any decisions they feel are inappropriate.
The law also provides early intervention services for infants and toddlers up to age three, and may impact some students in private schools. IDEA is composed of four parts: Part A covers the general provisions of the law; Part B covers assistance for the education of all children with disabilities; Part C covers infants and toddlers with disabilities; and Part D consists of national support programs administered at the federal level.
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Parent and Student Rights (Procedural Safeguards)
The Individuals with Disabilities Education Act (IDEA) requires schools to provide parents/guardians of students eligible for or referred for special education with a notice explaining their rights. This notice is called the Procedural Safeguards Notice and must be provided at key times, including:
- When there is an initial referral for a special education evaluation.
- When a parent/guardian files a citizen complaint or a due process hearing request.
- When a decision is made to remove a student for more than 10 school days as part of disciplinary action.
- When a parent/guardian requests it.
The Procedural Safeguards Notice must be provided at least once per year and may be customized by school districts as long as it includes all the procedural safeguard content required under Part B of the IDEA. It is available in multiple languages.
The procedural safeguards outline several key areas, including:
- Prior Written Notice: Schools must provide prior written notice (PWN) before making significant decisions about a student's education, such as changes in identification, evaluation, or placement. PWN must include a detailed explanation of the decision and its reasons.
- Parental Consent: Schools must obtain written parental consent before conducting an initial evaluation or providing special education services for the first time. Parental consent is also needed for reevaluations involving new tests.
- Independent Educational Evaluation (IEE): If a parent disagrees with the school's evaluation, they can request an IEE at the school district's expense. The district must provide information on where to obtain an IEE and follow specific rules.
- Confidentiality of Information: Student educational records are confidential. Parents/guardians have the right to inspect, review, and request amendments to these records. When the student turns 18, these rights transfer to them.
- Dispute Resolution: The IDEA requires each state education agency to provide ways to resolve disagreements between parents and schools regarding a student's special education. Formal and informal dispute resolution options are available, including mediation, due process hearings, and state complaints.
- Disciplinary Protections: Specific rules must be followed when disciplining students with disabilities. If a student is removed for more than 10 consecutive school days or shows a pattern of removals totaling over 10 days in a year, it is considered a change of placement, and parents must be notified. A manifestation determination must be conducted to assess if the behavior was related to the student's disability.
- Protections for Students Not Yet Eligible for Special Education: The procedural safeguards outline protections for students who have not yet been found eligible but for whom the school should have known needed services.
- Requirements for Placement in Private Schools: If parents believe the public school cannot provide a Free Appropriate Public Education (FAPE) and choose to place their child in a private school, they can request reimbursement from the district. Reimbursement may be reduced or denied if the parent did not inform the IEP team of their rejection of the proposed placement or failed to provide written notice.
- Procedural Safeguards under Section 504: Section 504 has its own procedural safeguards for students with disabilities who are not eligible for special education under the IDEA. These include the right to request an evaluation, the formation of a 504 team, and the requirement for parental consent.
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Child Find
Under Child Find, school districts have an affirmative duty to locate, evaluate, and potentially serve any infant, toddler, or school-aged student impacted by a disability. This duty to evaluate is based on a known or suspected disability that may significantly impact access to learning. The data from the evaluation determines eligibility for special education services.
The Individuals with Disabilities Education Act mandates "general public notice obligations", i.e., using notices to inform and educate the public about the need to locate and identify all children with disabilities. State governments and schools use a variety of outreach efforts to identify children who may need special education services, such as running local media campaigns, posting notices in public places, and sending information to healthcare providers.
If a school fails its responsibility to Child Find, parents or caregivers may have a legal claim, and the state or federal government may step in to ensure the school complies.
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Individualized Education Program (IEP)
In the United States, the Individuals with Disabilities Education Act (IDEA) requires public schools to develop an Individualized Education Program (IEP) for every student with a disability who is found to meet the federal and state requirements for special education. An IEP is a legal document that outlines the special education experience for all eligible students with a disability.
An eligible student is any child in the U.S. between the ages of 3–21 attending a public school and has been evaluated as having a need in the form of a disability. This could include a specific learning disability, autism, emotional disturbance, other health impairments, intellectual disability, orthopedic impairment, multiple disabilities, hearing impairments, deafness, visual impairment, deaf-blindness, developmental delay, speech/language impairment, or traumatic brain injury.
The IEP is intended to help children reach educational goals more easily than they otherwise would. The four component goals are: conditions, learner, behavior, and criteria. The IEP must be tailored to the individual student's needs as identified by the IEP evaluation process, and it must help teachers and related service providers (such as paraprofessional educators) understand the student's disability and how it affects their learning.
The IEP process begins with an evaluation for special education. Then the school must decide whether the child qualifies for services and supports. The IEP team, which includes the parents and, if applicable, the student, will meet to prepare the IEP document. This document will outline the present levels of performance, strengths, and needs of the student, and create measurable goals based on this data. It will also provide accommodations, modifications, related services, and specialized academic instruction to ensure that the child receives a "Free Appropriate Public Education" (FAPE) in the Least Restrictive Environment (LRE).
The IEP will be regularly maintained and updated up to the point of high school graduation or prior to the 21st or 22nd birthday. If a student in special education attends university upon graduation, they are no longer considered "children with disabilities" and are instead protected under Section 504 of the Rehabilitation Act.
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Due Process Complaint
A due process complaint (DPC) is a formal request for a hearing to resolve a disagreement about the identification, evaluation, placement, or provision of a free appropriate public education (FAPE) for a child with a disability. The process is adversarial and similar to a courtroom trial, with each party presenting evidence and witnesses to prove their case. The process is only for special education disputes, not general education issues.
The Individuals with Disabilities Education Act (IDEA) grants parents and guardians the right to file a DPC if there is a conflict related to the identification, evaluation, or educational placement of a child, or the provision of a FAPE. If an agreement cannot be reached at the Individualized Education Program (IEP) meeting, a parent or guardian can file a DPC. A resolution session and/or mediation will be scheduled. If mediation is unsuccessful, a due process hearing will be held.
To file a DPC, a letter or form must be submitted, containing the following information:
- The name, address, and phone number of the person filing the complaint
- The name and address of the child, and the name of the school they attend
- A description of the problems or concerns, supported by facts and/or descriptions of events
- A proposed resolution or relief requested
The party filing the DPC must send it to the relevant authorities and the school district. There are time limits for each step of the process. For example, a complaint must be filed within two years, and the school must hold a resolution session within 15 days of receiving the complaint.
During the due process hearing, parents have rights such as hiring a lawyer, confronting and cross-examining witnesses, bringing in their own witnesses, and opening the hearing to the public. The hearing officer, or Administrative Law Judge (ALJ), must be impartial and cannot be an employee of the school or have a conflict of interest. After the hearing, the ALJ issues a written decision, which can be appealed by either party.
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Frequently asked questions
The IDEA is a federal law that ensures children with disabilities have access to a free, appropriate public education. It governs how states and public agencies provide early intervention, special education, and related services to infants, toddlers, children, and youth with disabilities.
Special education teachers must be "highly qualified" under the IDEA. They must have a bachelor's degree and full state certification to teach special education or be in the process of receiving certification while enrolled in a special education degree program.
If you feel that your district is not providing a free appropriate public education (FAPE) for your child, you can contact your state's education department or a special education attorney for assistance. You may also have the right to file a due process complaint or a state complaint to address the issue.
If a district is found to be in violation of the IDEA, they may face legal consequences, including reimbursement of attorney's fees for parents who prevail in a due process complaint. The Office of Special Education Programs at the U.S. Department of Education is responsible for ensuring states comply with the IDEA and can take action if violations are identified.
