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Readings on the IDEA Amendments of 1997
ERIC Clearinghouse on Disabilities and Gifted Education (ERIC EC)
ERIC EC Minibib EB25
Updated May 2003
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Bock, S. J., and others. (1998). Suspension and Expulsion: Effective Management for Students? Intervention in School and Clinic, 34(1), 50-52.
This article provides a brief review of legal procedures that schools have available under the Individuals with Disabilities Education Act (IDEA) Amendments of 1997, and discusses problems with using suspension and expulsion, including recidivism, increased dropout rates, overrepresentation of minorities receiving suspension or expulsion, and indiscriminate suspension and expulsion.
Bureau of Indian Affairs, Dept. of Interior. Washington, DC. (1997). Educational Rights of Parents under Provisions of the Individuals with Disabilities Education Act Including the Amendments of 1997 (Special Education). 24p. ERIC Document Reproduction Service (EDRS), ED416661.
This pamphlet describes the educational rights of parents provided under provisions of the IDEA, including the amendments of 1997. It discusses rights in the following areas: free appropriate public education; prior notice to parents; parental consent; independent educational evaluations; educational surrogate parents; students records; mediation; discipline; state complaint procedures; impartial due process hearings; and private school placement. The pamphlet ends with a summary of parents' rights.
Cernosia, A. (2002). Parentally-Placed Students with Disabilities. Council for Exceptional Children, 888-232-7733. 39p. http://www.ideapractices.org/.
This monograph provides an overview of the Individuals with Disabilities Education Act (IDEA), its regulations, and relevant case law regarding parentally-placed students with disabilities in private schools. Following a brief review of early judicial decisions and the IDEA regulations concerning parental placements, a summary of current IDEA requirements on this topic is provided. This covers the areas of Child Find, service determination, services plans, location of services, reevaluations, due process rights, home-schooled students, preschoolers, and services on-site of a parochial school. Public school officials are urged to ensure that the local education agency has policies and procedures that comply with IDEA in all these areas for students with disabilities who are home-schooled or placed in private schools by their parents. An appendix provides a memorandum from the Office of Special Education Programs with an attachment of 45 questions and answers on obligations of public agencies in serving children with disabilities placed by their parents at private schools. Also attached is an example of proportionate share calculation for parentally-placed private school children with disabilities.
Heumann, J.E., Warlick, K.R. (2002). Guidance Regarding the Requirements of the Individuals with Disabilities Education Act (IDEA) on Individualized Education Programs. Office of Special Education and Rehabilitative Services (ED), Washington, DC. 4p. ED444294.
This policy memorandum provides guidance to assist educators, parents, and state and local education agencies in implementing the requirements of Part B of the Individuals with Disabilities Education Act (IDEA) regarding Individualized Education Programs (IEPs) for children with disabilities. The document stresses the requirements of the IEP to involve each child with a disability in the general curriculum, to involve parents and students, together with regular and special education personnel, in making individual decisions to support each child's educational success, and to prepare students with disabilities for employment and other post-school activities. It stresses that the IDEA affords states and local educational agencies significant flexibility to choose to establish IEP format requirements and to establish requirements for developing IEPs that include specific provisions that are not expressly required by IDEA. It also emphasizes that, in considering any changes to its IEP-related requirements, a state or local education agency carefully consider the impact of such changes on both compliance with other IDEA requirements and on ensuring that children with disabilities receive the services they need in order to be involved and progress in the general curriculum, to prepare for employment and post-school independence, and otherwise to achieve to high standards.
IDEA 1997: Let's Make It Work. (1998). Council for Exceptional Children, 1110 N. Glebe Rd., Arlington, VA 22201-5704. 94p.
This document explains provisions of the 1997 amendments to IDEA (Public Law 105-17), and is divided into 16 topics, most of which address specific sections of the law. Topics include parental involvement; developmental delay; cultural diversity; evaluation and reevaluation; the individualized education program (IEP); related services and technology; early childhood; procedural safeguards; mediation; behavior and discipline; state and local fiscal management responsibilities; private school placements; performance goals, indicators, and assessments; and national support programs. Two additional sections provide a summary of IDEA, an index of topics located in the legislation, and a list of general resources for IDEA.
Johns, B.H. (1998). What the New Individuals with Disabilities Education Act (IDEA) Means for Students Who Exhibit Aggressive or Violent Behavior. (Theme Issue: Aggression and Violence in the Schools-What Teachers Can Do) Preventing School Failure, 42(3), 102-05.
This article outlines new provisions in the reauthorized Individuals with Disabilities Education Act that benefit children with behavior or emotional disorders. Provisions that focus on keeping students in school, accurate assessment of student behavior, positive behavioral interventions, and children who bring weapons or drugs to school are discussed.
Landau, J. K. (1998). Statewide Assessment: Policy Issues, Questions, and Strategies. PEER Policy Paper. 7p. ERIC Document Reproduction Service (EDRS), ED420934.
This policy paper provides a list of questions and associated strategies that parents and parent organizations can address in an effort to ensure that statewide assessment systems fully and fairly include students with disabilities as required by the 1997 IDEA and other federal laws. Introductory material notes the purposes of these large-scale assessments and the relation of statewide assessment programs to education reform initiatives. Suggested questions address the following issues: type of assessment used, use of "off the shelf" or contracted assessments, the process for developing the assessment, the consequences for students of the statewide assessments, inclusion of all students with disabilities in the assessment, responsibility for determining if a student with disabilities needs accommodations to participate in the assessment, types of accommodations available to students with disabilities, how test results are to be used, and how test scores of students with disabilities will be reported. Among seven strategies recommended to parents are the following: obtain copies of the state's education reform and assessment legislation, regulations, and policy documents; identify who makes policy decisions about participation of students with disabilities; and get involved in the decision-making process.
Lashley, C. (2002). Participation of Students with Disabilities in Statewide Assessments and the General Education Curriculum: Implications for Administrative Practice. Journal of Special Education Leadership, 15 (1), 10-16.
This article examines requirements of the Individuals with Disabilities Education Act (1997) regarding participation of students with disabilities in state- and district-wide assessments and access to the general curriculum. It considers implications for change in school district procedures concerning evaluation and reevaluation, Individualized Education Program teams and content, and discipline. Potential areas of challenge are identified.
McConnell, M. E. and others. (1998). Functional Assessment: A Systematic Process for Assessment and Intervention in General and Special Education Classrooms. Intervention in School and Clinic, (34)1, 10-20.
This article describes a 10-step process that educators can use when conducting functional assessments and developing Behavioral Intervention Plans required under the IDEA 1997 for students with disabilities with behavior problems.
Manasevit, L. M. and others. (1997). Opportunities & Challenges: An Administrator's Guide to the New IDEA. 212p. ERIC Document Reproduction Service (EDRS), ED415649.
This manual is designed to help state and local administrators, school board members, and other education advocates understand the complex requirements of the newly reauthorized IDEA. This manual provides step-by-step instruction on IDEA's administrative and procedural requirements. It discusses some of the problems with the old act and highlights the nature of and reasons for the changes. The manual identifies new questions arising from the reauthorized IDEA and discusses potential outcomes under the new statute. It offers insight into the interpretations likely to follow in regulations or the courts and provides practical guidance for understanding IDEA. The manual focuses primarily on the requirements of Part B, the state grant program which provides financial assistance for educating children with disabilities. Individual chapters discuss the changes to: state and local planning requirements; identification, evaluation, and placement of children with disabilities; the IEP process; discipline; procedural safeguards; and fiscal obligations. The manual also gives an overview of the program that provides assistance for infants and toddlers with disabilities, known as Part C of the Act.
Markowitz, J. (2002). State Criteria for Determining Disproportionality. Quick Turn Around (QTA). National Association of State Directors of Special Education. 11p. http://www.nasdse.org/forum.htm.
This report is a brief analysis of the criteria states use to determine if there is a disproportionately high or low number of students from a particular racial/ethnic group receiving special education services, assigned to a disability classification, or placed in an educational environment. Recent information indicates that 29 states have adopted specific criteria to examine state and district data. The report begins by reviewing provisions under the Individuals with Disabilities Education Act that require states to collect and examine data to determine if significant disproportionality based on race is occurring with respect to identification and placement of students with disabilities. Findings from the review of the 29 states using specific criteria are then discussed. Ten states use a percentage point discrepancy to determine disproportionality. Under this system, the percentage of each racial/ethnic group in the total student population is calculated and then the percentage of each racial/ethnic group in each disability category is calculated. Ten states apply a statistical significance test to determine if their data are disproportionate. The use of other criteria in the remaining nine states is described. The report closes with a list of issues that should be considered regarding data collection.
National Information Center for Children and Youth with Disabilities (NICHCY), Washington, DC. (1998). The IDEA Amendments of 1997. Revised Edition. 39p. ERIC Document Reproduction Service (EDRS), ED420943.
This news digest summarizes the reauthorized IDEA with emphasis on changes in the new law. These changes include participation of children and youth with disabilities in state and district-wide assessment programs; the way in which evaluations are conducted; parent participation in eligibility and placement decisions; development and review of the (IEP); transition planning; voluntary mediation as a means of resolving parent-school controversies; and discipline of children with disabilities. A side-by-side analysis of how the IDEA has been changed is included.
O'Leary, E. (1998). Transition: Terms and Concepts. 15p. ERIC Document Reproduction Service (EDRS), ED419330.
This paper provides explanations and case examples of some terms and concepts related to transition of students with disabilities under the 1997 amendments to IDEA. Explanations and examples focus on the concepts of "statement of transition service needs" and "statement of needed transition services." The statement of transition service needs focuses on the student's courses of study and other educational experiences and is required on an IEP for every student who is 14 years of age and older. The statement of needed transition services is a long-range 2- to 4-year plan for adult life and is required for every student with an IEP who is 16 years of age and older (younger, if appropriate). This statement must include long-range post-school planning in the areas of instruction, employment, community experiences, post-school adult living, and related services. Also addressed is involvement of other agencies in cooperation with the schools. A sample form for meeting transition requirements includes space for specifying desired post-school outcomes, the present level of educational performance, the statement of transition service needs, and the statement of needed transition services (presented in a matrix form showing specific services, activities/strategies, agency/ responsibilities, and who will provide and/or pay).
Palmer, S. (1997). Early Intervention Services for Children Birth through Age 2 Enacted by P.L. 105-17 (IDEA 97). 4p. ERIC Document Reproduction Service (EDRS), ED416647.
This fact sheet uses a question-and-answer format to summarize early intervention services for children (birth through age 2) provided by Part C of the Individuals with Disabilities Education Act of 1997 (Public Law 105-17). Questions and answers address the following topics: the purpose of Part C (early identification and intervention with infants and toddlers); eligibility for services under Part C (children under age 3 with developmental delay or diagnosed conditions); services mandated to eligible children and their families; the Individualized Family Service Plan; procedural safeguards under Part C; the role of the state and federal governments in providing services; services that each state must provide (such as a comprehensive child find and referral system); and paying for early intervention services.
Quinn, M.M. and others. (1998). Addressing Student Problem Behavior: An IEP Team's Introduction to Functional Behavioral Assessment and Behavior Intervention Plans. 22p. ERIC Document Reproduction Service (EDRS), ED415636.
This paper provides guidelines for conducting a functional behavioral assessment and developing positive behavior intervention plans with students who have behavior disorders or other disabilities in the context of requirements of the 1997 Amendments to IDEA. Rights and requirements under IDEA are specified, as are the roles and responsibilities of the IEP team members. The value of a functional assessment of behavior is presented, including examples to illustrate underlying causes for "acting out" behavior. Techniques for conducting the functional behavioral assessment are then presented and include identifying the problem behavior, indirect assessment using an informant, data analysis, and development of an hypothesis statement. Ideas for IEP teams to consider when developing behavior intervention plans are presented with specific goals and objectives and specification of activities to accomplish the goals and objectives for addressing skill deficits, performance deficits, or both. The final two sections consider ways to modify the learning environment and to evaluate the behavior intervention plan. Sample forms for conducting and analyzing a behavioral assessment are included.
Schrag, J. (1997). Relationship of IEP Wingspread Recommendations to the IEP: IDEA Amendments of 1997 and Committee Reports. 47p. ERIC Document Reproduction Service (EDRS), ED416617.
This report identifies provisions of the IDEA Amendments of 1997 that relate to 10 recommendations proposed by a 1996 conference of the National Association of State Directors of Special Education on the individualized education program. The conference used an accountability model that views accountability from a systemic perspective and the IEP as a major tool to achieve intense student learning outcomes. The information is presented in tabular form with three columns that show: first, the IEP recommendations from the conference; second, the relevant section/s of the 1997 IDEA amendments; and third, related information from reports of the Senate on Labor and Human Resources and the House Committee on Education and the Workforce. Recommendations address such aspects of the IEP as IEP language; specification of accommodations; strategies for access to the general curriculum; making the IEP process more user-friendly; IEP focus on various transition points; student participation in the accountability program; use of broad-based goals; specification of the general education teacher's role; behavior management issues; and linking of educational objectives, intervention, and evaluation.
Seltzer, T. (1998). A New IDEA: A Parent's Guide to the Changes in Special Education Law for Children with Disabilities. 24p. ERIC Document Reproduction Service (EDRS), ED417535.
This guide for parents explains the changes in federal special education law resulting from the 1997 amendments to IDEA. Changes related to the parent's role in decisions about the child's education and in how schools can discipline special education students are highlighted. A question-and-answer format is generally used throughout the guide. After a section summarizing the importance of parental involvement, the next section considers such topics as eligibility under IDEA, disagreements with the school regarding testing, and re-testing requirements. Following a section on the parent's role in the placement decision, a section on writing the IEP offers tips for parent participation in IEP meetings, members of the IEP team, and placement decisions. The section on disciplining students is explained in questions and answers on suspension of 10 days or less, requirements if the child is suspended for longer than 10 days, the requirement that schools conduct "manifestation determination" (which determines whether the child's behavior was caused by or related to the disability), misbehavior involving weapons or drugs, and placement in an interim alternative educational setting. The final two sections summarize parental rights and identify related laws.
Thurlow, M. (2002). Accommodations for Students with Disabilities in High School. Issue Brief. 8p. http://www.ncset.org/.
This briefing paper discusses academic accommodations for high school students with disabilities. It begins by reviewing provisions under the Individuals with Disabilities Education Act that require Individualized Education Programs to include a statement of the program modifications or supports that will be provided for the child to enable the child to advance appropriately, be involved and progress in the general curriculum, participate in extracurricular activities, and to be educated and participate with his or her typical peers. A chart provides examples of instructional accommodations for material and curriculum and for teaching methods. Different accommodations used for assessments are also listed, including changes to testing setting, timing, scheduling, presentation, and response requirements. Definitional considerations relating to accommodations and modifications are also discussed. Research findings on accommodations used in 12 states are reported and indicate accommodations are used by greater percentages of students at the elementary school level than at either the middle school or high school levels. A chart illustrates state-reported levels of use of accommodations for the 12 states. (Contains 13 references.)
Thurlow, M. L. (1998). Assessment: A Key Component of Education Reform. PEER Information Brief. 8p. ERIC Document Reproduction Service (EDRS), ED420933.
This guide for parents explains implications of the 1997 amendments to the IDEA, which requires the participation of students with disabilities in statewide and district-wide assessments, leading to greater accountability by the educational system for educational results for all students. The guide notes that prior to this change, about 50 percent of students with disabilities were excluded from various assessments and urges their inclusion at three stages of the assessment process: development of the assessment measure, assessment results. Briefly addressed are assessment accommodations in presentation, response, setting, and timing/scheduling. Parents are urged to monitor how students with disabilities are considered in regard to instrument development, instrument administration, partial participation, alternate assessment, the monitoring system, and the reporting of results. Specific requirements of an individual student's IEP concerning assessment are also noted.
Turnbull, H.R. III and Turnbull, A.P. (1998). Free Appropriate Public Education: The Law and Children with Disabilities. Fifth Edition. Love Publishing Company, 1777 S. Bellaire St., Denver, CO 80222. 400p.
This book examines schools' legal responsibility for providing equal educational opportunities for children with disabilities under the 1997 reauthorized Individuals with Disabilities Education Act. First, an introduction to the American legal system and federal policy on disability is provided. Next, the six principles of special education law are analyzed: zero reject, or the right of every child to be included in a free, appropriate, publicly supported educational system; nondiscriminatory testing, placement, and classification; individualized and appropriate education; least restrictive appropriate educational placement; procedural due process; and parent participation and shared decision making. Methods of enforcing the law, through case law techniques and statutory techniques, are then discussed. The book also presents common objections to the six legal principles and answers those objections. It presents the pre-1997 provision of IDEA so that comparison can be made to the new law.
Underwood, J. K. (1997). Four Implications of IDEA's Reauthorization. School Administrator, (54)10, 24-27.
Reviews major changes for school districts under the IDEA amendments of 1997. The new amendments allow children with disabilities to be disciplined more effectively, require individual education programs to include a student-evaluation component, limit district responsibility for attorney fees, encourage voluntary mediation, and change the funding distribution formula.
Walsh, J., Smith, B. J., Taylor, R.C. (2000). IDEA Requirements for Preschoolers with Disabilities: IDEA Early Childhood Policy and Practice Guide. Council for Exceptional Children. 877-232-4332. 62p. http://www.ideapractices.org.
This booklet is one of a series designed to assist early childhood general educators, early childhood special educators, related service providers, parents, administrators, and others in understanding what the Individuals with Disabilities Education Act (IDEA) now requires for young children with disabilities ages birth through 5 years and their families. This guide addresses the IDEA provisions under Part B as they relate to children ages 3 through 5 years old and their families, and, at a state's discretion, to 2-year-old children with disabilities who will turn 3 during the school year. Presented in a question and answer format, specific sections of the booklet address: (1) general education requirements for preschoolers with disabilities; (2) identification, evaluation, and eligibility; (3) Individualized Education Programs (IEP) or Individualized Family Service Plans; (4) IEP team members; (5) IEP content; (6) student placement in the least restrictive environment; (7) procedural safeguards; (8) challenging behavior; and (9) accountability. A pullout chart is included at the end of the guide that summarizes evaluation procedures, IEP procedures, personnel development procedures, and discipline procedures.
Wolfe, P. S. and Harriott, W. A. (1998). The Reauthorization of the Individuals with Disabilities Education Act (IDEA): What Parents and Educators Should Know. Focus on Autism and Other Developmental Disabilities, 13(2), 88-93.
This article reviews major tenets of the IDEA amendments of 1997, including strengthening of the role of parents, ensuring access to the general education curriculum, modification of discipline procedures, and changes in how individualized education programs are developed and written. Potential issues in implementation and practical suggestions are discussed.
Yell, M. L. (1997). Education and the Law. Preventing School Failure, 41(4), 185-87.
This article reviews the 1997 amendments to the IDEA in the context of the law's history. It focuses on are changes in individualized education program requirements, mediation as a conflict resolution option, discipline of students in special education, and the required review of the relationship between a student's disability and misconduct (manifestation determination).
Zurkowski, J. K. and others (1998). Discipline and IDEA 1997: Instituting a New Balance. Intervention in School and Clinic, 34(1), 3-9.
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This article reviews the 1997 amendments to IDEA relating to short-term and long-term suspension. New protections for students with disabilities and the new tools for administrators to be used in addressing behaviors are discussed, including placement of students with disabilities in interim alternative educational settings.
copyright © 1998
ERIC Clearinghouse on Disabilities and Gifted Education