Eligibility & Public Policy & I.D.E.A
Public Policy
Individuals with Disabilities Education Act (I.D.E.A)
- Child Find: Identify and assess children aged 0-18 years for possible disabilities and eligibility for services.
- Comprehensive, Multidisciplinary Evaluation: Determine the handicapping condition through a comprehensive evaluation.
- IEP/IFSP Meetings:
- Committee includes parents/caregivers, teachers, special education representatives, advocates, administrators, and/or needed experts.
- Includes:
- Current level of functioning.
- Service delivery settings and dates.
- Criteria for evaluation.
- Goals of intervention.
- Progress report schedule.
- Re-evaluation: At least every 3 years or as decided by the IEP committee.
- Due Process: Disagreements are resolved by mediators and hearing officers as allowed by law.
Eligibility
- Eligibility is determined by an Admission, Review, and Dismissal (ARD) committee.
- Diagnoses are professional decisions.
W.H.O. Terminology
- Impairment (Disorder): Any loss or abnormality of psychological, physiological, or anatomical structure or function. What we diagnose.
- Disability: Difficulty performing tasks due to an impairment.
- Handicap: Social or occupational disadvantage due to a disability or impairment.
- Impairment does not always lead to a disability.
Section 504 of Rehabilitation Act (1973)
- Mandates that recipients of federal money cannot discriminate based on handicap.
- Children with a handicap cannot be prevented from attending public schools.
Public Law (PL-94-142): I.D.E.A (1975)
- Individuals with Disabilities Education Act.
- Re-authorized in 2004.
- Protects the rights of disabled children in education.
- Guarantees F.A.P.E (Free Appropriate Public Education).
- Guarantees L.R.E (Least Restrictive Environment).
- F.A.P.E and L.R.E are implemented through I.E.P (Individualized Education Plan).
Public Law (PL) 99-457: Education of Handicapped Children Act (1986)
- Covers children from birth to 3 years of age.
- Public schools are not responsible; other state agencies are responsible.
- In Texas, ECI (Early Childhood Intervention) is responsible.
- F.A.P.E & L.R.E are implemented through I.F.S.P (Individualized Family Service Plan).
Campus-Based Support Team
- Parents are encouraged to bring concerns about a child's learning/behavior to the teacher or principal.
- If concerns persist, the teacher/parent can refer to the campus Student Support Team.
- The team consists of teachers and other school staff who meet regularly to address student's learning or behavior concerns.
- The purpose of the team is to address concerns early on.
- This is NOT a special education referral.
- The team, along with the child’s teacher and parents, will develop an intervention plan to be carried out in the general education setting.
- The main purpose of the interventions is to improve the child’s educational outcomes.
- The team may meet more than once depending on the student’s needs.
- The team will closely monitor and document the child’s progress.
- The team keeps the parents informed of their child’s progress.
Response to Intervention (RTI)
- Educational decisions such as placement, intervention, curriculum, and instructional goals and strategies are based on child response data.
- Tier 1: Core Instructional Interventions (for all students - preventative and proactive).
- Tier 2: Targeted group interventions (some students at risk, high efficiency, rapid response).
- Tier 3: Intensive individual interventions (individual students, assessment based, high intensity, of longer duration).
- The main goal of the RTI process is to identify children who are at risk and intervene early on.
- Children who do not respond to Tier 3 interventions in a reasonable amount of time may be referred to Special Education for an FIE (Full Individual Evaluation).
- Before an FIE can be initiated, consent for the initial evaluation must be obtained.
General Principles: Evaluation
- Evaluation procedures are not limited to the use of standardized tests.
- No single criteria may be used in making eligibility decisions.
- "No single procedure is used as the sole criterion for determining whether a child is a child with a disability and for determining an appropriate educational program for the child." \$300.532(f)
- "A variety of assessment tools and strategies are used to gather relevant functional and developmental information about the child….." \$300.304(b)
- I.D.E.A does not require the use of standardized tests when evaluating for eligibility. However, if a standardized test is available, it should be ONE of the criteria used in establishing eligibility.
- Lack of standardized tests does not absolve the SLP from assessing an area of concern. In those situations, an informal assessment must be completed.
- We do not have standardized tests appropriate for many areas of speech and language,(conversational articulation or narrative/conversation in the area of pragmatics).
- To interpret this portion of the law, 'single criteria' must be defined.
- Single Criteria: ONE of a variety of assessment tools. Assessment tools include standardized tests, interviews, observation, informal assessment, check lists, etc.
- Therefore, one, two or three standardized tests still constitute 'a single criteria'.
- The use of standardized tests and parent-provided data would be an example of an evaluation using two criteria.