Individuals with Disabilities Education Improvement Act 1

IDEAs Impact on the Education System;

Six Influential Principles

Audrey Kosman

SPED 100
 Individuals with Disabilities Education Improvement Act 2

Abstract

Special education has become more of a focus in education over the past half a century. Due to

this growing concern for the rights of these families and children with disabilities, there was legal action

that took place leading to the development of the Individuals with Disabilities Education Act, or IDEA.

Today it has evolved due to the fact that more amendments were added in 2004, so the name was

changed to Individuals with Disabilities Education Improvement Act. This act includes 6 major principles

which include zero reject, nondiscriminatory identification and evaluation, free appropriate public

education, least restrictive environment, shared decision making, and due process safeguard. IDEA has

greatly impacted the education system because it alters the schools involvement and effort to give these

students with disabilities the most appropriate treatment and aid that the public school system can

provide. With the new changing laws working for the rights of these children with disabilities, it is

extremely encouraging for them and their families because these children are finally getting the

education that they deserve. Also, now future and current teachers need to learn and understand more

about these children and their disabilities in order to adjust the curriculum for these students to benefit.

IDEA has caused a great positive impact that has been proven through multiple court cases where

families receive justice that they and their children deserve when it comes to their rights to gain a fair

and beneficial education.

 Individuals with Disabilities Education Improvement Act 3

Recently, due to the increase of technology and more of an awareness of learning disabilities,

there has been more of a focus regarding the special education system in the United States. Before

1975, there was little to no legal amendments or laws looking out for the best interest of students with

disabilities and their families. Due to growing cases of children and families being treated unfairly with

their education, legal action took place in order to protect the rights of the American citizens.

Originally known as the Education of Handicapped Childrens Act in 1975, it was renamed to be

called IDEA, which stands for Individuals with Disabilities Education Act. It was changed to this because

more amendments and laws were being added to improve the act. With even more changes needed to

be made, it was then revised in 1997, and again in 2004 to make sure there was equal access to

education. This is the latest update of the act and is to be called Individuals with Disabilities Education

Improvement Act but for convenience, there is still the use of the acronym, IDEA.

IDEA contains 6 major principles in order to provide justice and equality for these students with

disabilities in the education system. These principles include zero reject, free appropriate public

education, nondiscriminatory identification and evaluation, least restrictive environment, shared

decision making and procedural safeguard. Each principle affects the education system, the way

educators interact with their students and parents, and provides each family and child with a disability

the security that they are being treated with rights and equality.

Zero reject, the first principle of IDEA, states that schools must educate all children with

disabilities; no child can be denied an education because they are Uneducable. This provides families

and children with much hope and support knowing that no matter how severe of a disability a child

might have, that they will receive aids and services in order for them to benefit from an education. Zero

reject was not always upheld by every school district. There was a case in 1989 called the case of

Timothy W. v. Rochester School District where the zero reject principle of IDEA was threatened. In July
 Individuals with Disabilities Education Improvement Act 4

of 1988, Judge Loughlin in New Hampshire ruled that this thirteen year old boy with severe disabilities

was ineligible for education services because he would not be able to benefit from special education

because of the severity of his disabilities. In addition, the school board also made a horrible claim that

IDEA was not actually supposed to educate all handicapped students. In May of 1989, higher court

appeals overturned the previous courts decision and ruled that public schools must educate all children,

no matter the disability or the amount the child could benefit from the education. (Heward 2010).

Every principle of IDEA is very important and each serves a specific purpose. This Zero Reject

principle is so inspiring to individuals with disabilities because it proves that people truly do believe in

their ability, and see a person versus a only a disability. This is also crucial for teachers to know and

understand to not give up on a student based off the fact that they have a disability. This principle

completely redefines the motivation behind teaching and the education system and redirects the focus

of education on to the benefit of the children instead of what is convenient.

Another principle of IDEA, which is Free Appropriate Public Education (FAPE) emphasizes special

education and related services because every child with a disability is entitled to free appropriate public

education. Their education should be designed to meet the individual ends of the child, in order to be

successful further in their education, and employment. This includes Individualized Education Plans

(IEPs) which are written documents including information about a students present performance, yearly

goals, strengths and weaknesses, benchmark objectives, detailed explanations of situations where

students are not in the general classroom and why, and aids to be received.

An influential court case regarding the principle FAPE occurred in 1982, called The Board of

Education of the Hendrick Hudson Central School District v. Rowley. This is one of the most influential

cases in the special education law in the United States. In this case, the United States Supreme Court

determined that in order to meet the standards of FAPE, that the educational instruction of the children
 Individuals with Disabilities Education Improvement Act 5

with a handicap need to have their specific needs supported and have personalized instruction in order

for their education to be appropriate and beneficial, (Harbor House Law Press). In order to determine

whether the student has benefited from the service that the school is providing them, there will be

achievements of proving the passing marks and advancing from grade to grade.

Since this case, it has affected IDEA because it does not state that the school has to provide

students with the best education, but the schools are obligated to give students services that have an

educational benefit. This affects instructors as well because there now needs to be mentoring for new

teachers in order to reassure improvement for these children with specific disabilities and follow the

IDEA principles. These teachers and other influences on the child now have to develop those IEPs for

students with disabilities in order to make sure the students benefit from their education whichever way

is appropriate for the students.

The third principle of IDEA is the Nondiscriminatory Identification and Evaluation principle

where schools must use nonbiased multifactor methods of evaluation. This requires schools to have

appropriate evaluations with students who have a disability. Children should not have to take an

unnecessary test or assessment, and tests should only be administered if it is towards planning for the

childs future. Also, all tested and recommendations of testing for the child, need to be implemented in

a timely manner. The purpose of this principle is to ensure that the student is being treated as a student,

with no discrimination because of their handicap and to ensure that they and their families are not

taken advantage of.

A very well known case in 1954 called Brown v. Board of Education of Topeka was more geared

towards race, however the Supreme Court decided that it is unlawful to discriminate against any group

of individuals for arbitrary reasons and that education should be on an equal basis. This was a precedent

that parents used to relate to their children with disabilities. Other cases in 1972, Pennsylvania
 Individuals with Disabilities Education Improvement Act 6

Association for Retarded Children v. Commonwealth of Pennsylvania and Mills v. Board of Education,

District of Columbia sparked huge legal focus on the education of children with disabilities which then

lead to The Education for All Handicapped Children Act of 1975, basically providing a Bill of Rights for

children with disabilities along with those families, (Special Education Public Policy). This case called to

attention that no student can be discriminated or be taken advantage of, and called for the need of

some legal protection for these students.

The fourth principle is regarding a Least Restrictive Environment (LRE). This states that a

student with disabilities must be educated with children without disabilities to the maximum extent

appropriate. In other words, a student with disabilities should be placed in a general classroom as much

of the day as possible. In 1992, the case Greer v. Rome City School District occurred where a child was

determined by the school to have severe impairment, therefore the student must be placed in a self

contained special education classroom because the cost of providing the needed services in a regular

classroom would be too expensive,(Children with disabilities are first and foremost children). The

court ruled with the side of the parents due to the fact that the school had made no actual effort to alter

the kindergarten curriculum for the child in the regular classroom. The school district showed no sign of

trying to keep the child in the least restrictive environment. This is an important part of the education

system, because schools provide so much more than just an education. These children need social

interaction and positive instructors that when children with disabilities need assistance, they should not

just be isolated. This portion of IDEA is very important with the overarching well being of the child as

they grow up.

Now this is where the parents get very involved. This is the principle called Shared Decision

Making which states that schools must collaborate with parents. Parents must be included on all things

that relate to their child involving the school. Parental consent is required before their child is to be

evaluated for any initial special education placement to take place, and parental input is needed for the
 Individuals with Disabilities Education Improvement Act 7

development of their childs IEP. This has made educators and parents work together as one team in

order to assist the child to the best of their ability. It also has to make instructors take a step back and

have to honor the decisions set by the family.

The final principle of IDEA is Procedural Safeguards. This ensures that parents and childrens

rights are protected legally. This is important so that the School districts and government cannot take

advantage of families and students just because it would be inconvenient for the schools to provide the

right care of the children. In 1985, there was a court case called Burlington School Comm. V. Mass. Dept.

of Education about a first grader Michael Panico who began experiencing serious difficulties in school. It

was then determined that he had a specific learning disability which allowed him to receive specially

designed instruction to meet his unique needs.

A few years later, there was a disagreement between the school and the parents of Michael,

where the parents argued that he was much smarter than the school had thought, however he had

severe learning disorder and he needs to be in an enriched environment. Mr. Panico then took his child

and enrolled him in a private school for children with learning handicaps, named Carroll School. The

school district was not paying for this school because they did not think it was necessary. However, the

parents rights where protected by procedural safeguards and in January of 1980 it was decided that the

Carroll School was the least restrictive adequate program within the record for Michael, (FindLaws

United States). The school district then had to reimburse the parents for the money they have spent on

the schooling to that date and from there on had to pay for Michaels tuition and transportation to the

school. Due to the procedural safeguards, protecting the rights of the children and this family for

example was able to have a free appropriate education for their child. Now, schools and education

systems have to make sure that they explore multiple options for their children with disabilities and

ensure that they are providing what is appropriate so that legal action does not have to take place very

often.
 Individuals with Disabilities Education Improvement Act 8

Overall, the addition of amendments and focus on children with disabilities has improved

tremendously over the past century. Even though there is still room for improvement, children with

disabilities and the parents of those children have gotten a voice and a fair chance with their education

in the United States. The government, teachers and other influential figures have grown more accepting

and helpful over the years, and the principles of IDEA immensely improved the focus and value of

special education.
 Individuals with Disabilities Education Improvement Act 9

Works Cited

25 Year History of the IDEA. (n.d.). Retrieved November 14, 2016, from

http://www2.ed.gov/policy/speced/leg/idea/history.html

Children with disabilities are first and foremost children, worthy of equal respect, opportunities,

treatment, status and place. (n.d.). Retrieved November 16, 2016, from

http://www.kidstogether.org/right-ed.htm

FindLaw's United States Supreme Court case and opinions. (n.d.). Retrieved November 16, 2016, from

http://caselaw.findlaw.com/us-supreme-court/471/359.html

Harbor House Law Press, Inc. - Reexaming Rowley: A New Focus in Special Education Law by Scott F.

Johnson, Esq. (n.d.). Retrieved November 15, 2016, from

http://www.harborhouselaw.com/articles/rowley.reexamine.johnson.htm

Heward, W. (2010, July 20). Legal Challenges Based on IDEA. Retrieved November 15, 2016, from

http://www.education.com/reference/article/legal-challenges-IDEA/

Saleh, M. (n.d.). Your Child's Rights: 6 Principles of IDEA | Smart Kids. Retrieved November 14, 2016,

from http://www.smartkidswithld.org/getting-help/know-your-childs-rights/your-childs-rights-

6-principles-of-idea/

Special Education Public Policy - Project IDEAL. (n.d.). Retrieved November 16, 2016, from

http://www.projectidealonline.org/v/special-education-public-policy/