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Special Ed 101
Legal Responsibilities of Educators
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<blockquote data-quote="Sheila" data-source="post: 124189" data-attributes="member: 23"><p><span style="font-family: 'Times New Roman'"><span style="font-family: 'BernhardMod BT'"><span style="font-size: 15px"><span style="color: #990000"><strong><strong>The Legal Responsibilities of Educators Under the Individuals With Disabilities Education Act (IDEA</strong>)</strong></span></span></span></span> </p><p> <span style="font-family: 'Times New Roman'">February 21, 2000 by Dean B. Eggert</span></p><p><span style="font-family: 'Times New Roman'"> </span> </p><p> </p><p> <span style="font-family: 'Times New Roman'"> Originally prepared for a seminar on the subject given to the Manchester, New Hampshire School District's Middle School Teachers on February 21, 2000.</span></p><p><span style="font-family: 'Times New Roman'"> </span> </p><p> </p><p style="text-align: center"><span style="font-family: 'Times New Roman'"><strong> </strong></span></p> <p style="text-align: center"><span style="font-family: 'Times New Roman'"><strong> Table of Contents</strong></span></p> <p style="text-align: center"> <span style="font-family: 'Times New Roman'">Overview</span> <span style="font-family: 'Times New Roman'">The Educator's Role on the Multi-disciplinary Team</span> <span style="font-family: 'Times New Roman'">The Educator's Responsibility for IEP Implementation</span> <span style="font-family: 'Times New Roman'">Disciplinary Options Under the IDEA</span> <span style="font-family: 'Times New Roman'">Grading Special Education Students</span> <span style="font-family: 'Times New Roman'">Maintaining Professionalism and Reducing Risks under the IDEA</span> </p><p><span style="font-family: 'Times New Roman'"><strong>I. Overview</strong></span></p><p><span style="font-family: 'Times New Roman'">The purpose of this material is to provide the regular educator with a working knowledge of their obligations under the Individuals with Disabilities Education Act [IDEA]. This material is not intended to cover the detailed procedural requirements of the IDEA, nor is it intended to provide the breadth of information that one needs as a special educator.</span></p><p><span style="font-family: 'Times New Roman'"><strong>A. The Philosophy Behind the IDEA</strong></span></p><p><span style="font-family: 'Times New Roman'">The key to understanding the IDEA lies in understanding the philosophy behind the IDEA. When Congress adopted the IDEA, it did such with the intent of ameliorating the systemic inequities that existed with regard to the education of individuals with disabilities.</span></p><p><span style="font-family: 'Times New Roman'"><strong>A "Free Appropriate Education at Public Expense"</strong></span></p><p><span style="font-family: 'Times New Roman'">The fundamental concept behind the IDEA is that every student is entitled to a <strong>free appropriate education at public expense [FAPE]. </strong>The Act does not require a school to maximize the potential of each disabled child commensurate with the opportunity provided non-disabled children. Rather, Congress sought primarily to identify and evaluate disabled children, and to provide them with access to a free public education. A School District satisfies the requirement to provide a free appropriate public education by providing personalized instruction with sufficient support services to permit the child to benefit educationally from that instruction. Teachers are a key component to ensuring that the instruction is truly personalized. Without teachers actually implementing the student's individualized education program [IEP], there is a greatly reduced likelihood of truly affording a FAPE. The "appropriateness" standard is a floor rather than a ceiling.</span></p><p><span style="font-family: 'Times New Roman'"><strong>What is a "FAPE?"</strong></span></p><p><span style="font-family: 'Times New Roman'">According to the definitions contained in the Act, a "free appropriate public education" consists of educational instruction specially designed to meet the unique needs of the disabled child, supported by such unique needs for the disabled child, supported by such services as are necessary to permit the child "to benefit" from the instruction. These supporting services are usually referred to as "related services."</span></p><p><span style="font-family: 'Times New Roman'"><strong>The Test for Determining Whether You are Providing a "FAPE"</strong></span></p><p><span style="font-family: 'Times New Roman'">As a checklist for adequacy under the Act, the definition also requires that such instruction and services be provided at public expense and under public supervision, meet the State's educational standards, approximate the grade levels used in the State's regular education, and comport with the child's<strong> Individualized Educational Program [IEP].</strong></span></p><p><span style="font-family: 'Times New Roman'">Thus, if personalized instruction is being provided with sufficient supportive services to permit the child to benefit from the instruction, and the other items on the definitional checklist are satisfied, the child is receiving a "free appropriate public education" as defined by the Act.</span></p><p><span style="font-family: 'Times New Roman'">A court's inquiry in suits brought under the IDEA is twofold. First, has the State complied with the procedures set forth in the Act? Second, is the individualized educational program developed through the Act's procedures reasonably calculated to enable the child to receive educational benefits? The Court's inquiry is really no different than the inquiry that every teacher should make when providing instruction to a student who has been identified as having an educational disability: <strong>Is what I'm doing reasonably calculated to enable this student to make educational progress?</strong></span></p><p><span style="font-family: 'Times New Roman'"><strong>Key Concepts:</strong></span></p><p><span style="font-family: 'Times New Roman'">Know those students in your class that have been identified as educationally disabled.</span></p><p><span style="font-family: 'Times New Roman'">Know the content of the student's IEP and how the IEP goals and objectives will be integrated into the structure of your classroom and your lesson plan.</span></p><p><span style="font-family: 'Times New Roman'">Know the modifications that are required by the IEP and determine how they will be achieved.</span></p><p><span style="font-family: 'Times New Roman'">Know how the IEP measures progress and gear your progress reports to touch on those areas which are being measured.</span></p><p><span style="font-family: 'Times New Roman'">Watch for, and know how to integrate, a behavioral intervention plan in the context of your classroom.</span></p><p><span style="font-family: 'Times New Roman'">Understand how a particular methodology, such as a reading instruction methodology, can be integrated into your classroom curriculum.</span></p><p><span style="font-family: 'Times New Roman'"><strong>B. Reauthorization of the IDEA</strong></span></p><p><span style="font-family: 'Times New Roman'">With the recent reauthorization of the IDEA Congress set in law the educational concept of inclusion, by requiring that educationally disabled students be included, to the extent possible, in the regular education classroom. The regular education teacher is vital to ensuring that this inclusion requirement is met.</span></p><p><span style="font-family: 'Times New Roman'"><strong>C. The Educator's Referral Obligations</strong></span></p><p><span style="font-family: 'Times New Roman'">The IDEA imposes upon all Districts the obligation to promptly find children who may have educational disabilities, and to promptly determine whether or not they have an educational disability through the multi-disciplinary team process. This obligation includes a duty on the part of educators to refer students for evaluation by a multi-disciplinary team. A failure to timely refer and identify a student can translate into a far more difficult task to ensure that the student receives a FAPE.</span></p><p><span style="font-family: 'Times New Roman'"><strong>D. Reporting Obligations</strong></span></p><p><span style="font-family: 'Times New Roman'">A district can only document educational progress through the reports of its teachers and the evaluative process. Be careful in selecting descriptors that accurately report a students progress, or lack thereof. Exercise care to ensure that your progress reports are grounded in fact. Refrain from issuing opinions in areas that are outside of your areas of expertise, such as rendering ad hoc psychiatric or medical diagnoses.</span></p><p><span style="font-family: 'Times New Roman'">Often an IEP will call for a particular method of progress reporting. This can range in frequency from daily to quarterly. It is critical to the success of the IEP that you carefully adhere to the (con't)</span></p><p><span style="font-family: 'Times New Roman'"></span></p></blockquote><p></p>
[QUOTE="Sheila, post: 124189, member: 23"] [FONT=Times New Roman][FONT=BernhardMod BT][SIZE=4][COLOR=#990000][B][B]The Legal Responsibilities of Educators Under the Individuals With Disabilities Education Act (IDEA[/B])[/B][/COLOR][/SIZE][/FONT][/FONT] [FONT=Times New Roman]February 21, 2000 by Dean B. Eggert [/FONT] [FONT=Times New Roman] Originally prepared for a seminar on the subject given to the Manchester, New Hampshire School District's Middle School Teachers on February 21, 2000. [/FONT] [CENTER][FONT=Times New Roman][B] [/B] [B] Table of Contents[/B][/FONT] [FONT=Times New Roman]Overview[/FONT] [FONT=Times New Roman]The Educator's Role on the Multi-disciplinary Team[/FONT] [FONT=Times New Roman]The Educator's Responsibility for IEP Implementation[/FONT] [FONT=Times New Roman]Disciplinary Options Under the IDEA[/FONT] [FONT=Times New Roman]Grading Special Education Students[/FONT] [FONT=Times New Roman]Maintaining Professionalism and Reducing Risks under the IDEA[/FONT] [/CENTER] [FONT=Times New Roman][B]I. Overview[/B] The purpose of this material is to provide the regular educator with a working knowledge of their obligations under the Individuals with Disabilities Education Act [IDEA]. This material is not intended to cover the detailed procedural requirements of the IDEA, nor is it intended to provide the breadth of information that one needs as a special educator. [B]A. The Philosophy Behind the IDEA[/B] The key to understanding the IDEA lies in understanding the philosophy behind the IDEA. When Congress adopted the IDEA, it did such with the intent of ameliorating the systemic inequities that existed with regard to the education of individuals with disabilities. [B]A "Free Appropriate Education at Public Expense"[/B] The fundamental concept behind the IDEA is that every student is entitled to a [B]free appropriate education at public expense [FAPE]. [/B]The Act does not require a school to maximize the potential of each disabled child commensurate with the opportunity provided non-disabled children. Rather, Congress sought primarily to identify and evaluate disabled children, and to provide them with access to a free public education. A School District satisfies the requirement to provide a free appropriate public education by providing personalized instruction with sufficient support services to permit the child to benefit educationally from that instruction. Teachers are a key component to ensuring that the instruction is truly personalized. Without teachers actually implementing the student's individualized education program [IEP], there is a greatly reduced likelihood of truly affording a FAPE. The "appropriateness" standard is a floor rather than a ceiling. [B]What is a "FAPE?"[/B] According to the definitions contained in the Act, a "free appropriate public education" consists of educational instruction specially designed to meet the unique needs of the disabled child, supported by such unique needs for the disabled child, supported by such services as are necessary to permit the child "to benefit" from the instruction. These supporting services are usually referred to as "related services." [B]The Test for Determining Whether You are Providing a "FAPE"[/B] As a checklist for adequacy under the Act, the definition also requires that such instruction and services be provided at public expense and under public supervision, meet the State's educational standards, approximate the grade levels used in the State's regular education, and comport with the child's[B] Individualized Educational Program [IEP].[/B] Thus, if personalized instruction is being provided with sufficient supportive services to permit the child to benefit from the instruction, and the other items on the definitional checklist are satisfied, the child is receiving a "free appropriate public education" as defined by the Act. A court's inquiry in suits brought under the IDEA is twofold. First, has the State complied with the procedures set forth in the Act? Second, is the individualized educational program developed through the Act's procedures reasonably calculated to enable the child to receive educational benefits? The Court's inquiry is really no different than the inquiry that every teacher should make when providing instruction to a student who has been identified as having an educational disability: [B]Is what I'm doing reasonably calculated to enable this student to make educational progress?[/B] [B]Key Concepts:[/B] Know those students in your class that have been identified as educationally disabled. Know the content of the student's IEP and how the IEP goals and objectives will be integrated into the structure of your classroom and your lesson plan. Know the modifications that are required by the IEP and determine how they will be achieved. Know how the IEP measures progress and gear your progress reports to touch on those areas which are being measured. Watch for, and know how to integrate, a behavioral intervention plan in the context of your classroom. Understand how a particular methodology, such as a reading instruction methodology, can be integrated into your classroom curriculum. [B]B. Reauthorization of the IDEA[/B] With the recent reauthorization of the IDEA Congress set in law the educational concept of inclusion, by requiring that educationally disabled students be included, to the extent possible, in the regular education classroom. The regular education teacher is vital to ensuring that this inclusion requirement is met. [B]C. The Educator's Referral Obligations[/B] The IDEA imposes upon all Districts the obligation to promptly find children who may have educational disabilities, and to promptly determine whether or not they have an educational disability through the multi-disciplinary team process. This obligation includes a duty on the part of educators to refer students for evaluation by a multi-disciplinary team. A failure to timely refer and identify a student can translate into a far more difficult task to ensure that the student receives a FAPE. [B]D. Reporting Obligations[/B] A district can only document educational progress through the reports of its teachers and the evaluative process. Be careful in selecting descriptors that accurately report a students progress, or lack thereof. Exercise care to ensure that your progress reports are grounded in fact. Refrain from issuing opinions in areas that are outside of your areas of expertise, such as rendering ad hoc psychiatric or medical diagnoses. Often an IEP will call for a particular method of progress reporting. This can range in frequency from daily to quarterly. It is critical to the success of the IEP that you carefully adhere to the (con't) [/FONT] [/QUOTE]
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