Running Head: IDEA ESSAY 1

Individuals with Disabilities Education Improvement Act Principles and

Its Effect on American Education

Amanda Entringer

Dakota State University

IDEA ESSAY 2

Abstract

This paper will discuss the six major components of the Individuals with Disabilities Education

Improvement Act (IDEA). The following are found under the IDEA law: Zero Reject,

Nondiscriminatory Evaluation, Free Appropriate Public Education (FAPE), Least Restrictive

Environment (LRE), Due Process Safeguards, and Shared Decision Making. These components

will be discussed into further detail throughout this paper as well as the impact the principles

have had on the American education system, educators, and students with disabilities. Many

court cases and decisions have been decided based on the principles under IDEA, and some are

still occurring today. Discussed later will be a few examples of the court cases that have

impacted the IDEA law.

IDEA ESSAY 3

Individuals with Disabilities Education Improvement Act and

Its Effects on American Education

The Individuals with Disabilities Improvement Act (IDEA) is a law providing services

for students with disabilities in the United States. This law was last revised in 2004 when the

word improvement was added to the title. Over the years this law has benefited many students

with disabilities and provided a solid foundation for special education within schools. Over six

and a half million students today are entitled to receive early intervention, special education, and

related services under IDEA. (Education, n.d.) The purpose of IDEA, according to the 10th

edition of Exceptional Children textbook, is to ensure that all children with disabilities are

provided with Free Appropriate Public Education (FAPE). FAPE is designed to meet the

students needs and to assist states in providing early intervention for families who have infants

with disabilities. Another goal of FAPE is to make sure parents and teachers are given the

appropriate tools to assist and assess students with disabilities. There are six major components

that are found under the IDEA law ensuring that all students receive appropriate education. The

six major principles include the following: Zero Reject, Free Appropriate Public Education

(FAPE), Least Restrictive Environment (LRE), Due Process Safeguard, and Shared Decision

Making. (Heward, 2013 ) This paper will go into detail and give examples of each principle and

the role they play in education along with court cases that reflect the principles.

Zero Reject states that all students, no matter the disability, must be given the opportunity

of a free education. The law requires that special education services are to be provided from age

six to seventeen, unless the state has laws providing education for students of age groups
IDEA ESSAY 4

younger or older without disabilities. In that case the same education must be provided to those

children who have disabilities and are of the same age group. Under this principle lies an

obligation of IDEA called child find system. This system locates, identifies, and evaluates all

children from birth to twenty-one who could potentially have a disability. (Heward, 2013 ) Zero

Reject came into the law in 1989. The case leading up to this addition was a court case called

Timothy W. v. Rochester, New Hampshire, School District. Timothy W. was a four year old

student who had many disabilities. The school district denied Timothy special education services

because it was believed that he would not benefit from them. A few years later the school board

met again while trying to seek out something to help Timothy in some way, but the board refused

again because it was not thought that he could benefit from any type of education. Finally in

1989 this case went to court, where the court ruled in favor of Timothy, and adding Zero Reject

to the special education law at the time. (Steketee, 2014)

Nondiscriminatory Evaluation under IDEA states that schools must use nonbiased and

multifactor methods when evaluating students who may have a disability. Tests given to these

students must not discriminate race, culture, or native language. All tests must be given in the

students native language. This principle also states that one test will not make the decision,

rather a number of tests must be given to be completely positive that a student has a disability

and qualifies for special education services. All of these steps to take are called protection in

evaluation procedures. (Heward, 2013 )

FAPE is the third principle under IDEA. The definition of FAPE is that all students,

regardless of the disability, must be given free and appropriate public education. In this principle

the word free is emphasized because school systems must provide appropriate supplies to a
IDEA ESSAY 5

child with a disability throughout the school day, which could mean putting in a wheel chair

ramp or hiring a speech specialist to come in an hour a day to work with the student. The school

must provide whatever services the student needs and it should be of no cost to the parents.

These supplies are usually listed in a students individualized education program (IEP). The IEP

is a program for a student with a disability that explains the students current skills and then sets

attainable goals. The supplies are there to help students meet those goals and to benefit from

them. (Heward, 2013 ) The court case between the Board of Education of the Hendrick Hudson

Central School District and Rowley defined free appropriate public education. Rowley was a

student who was deaf and attended a public school in Peekskill, New York. At Rowleys IEP

meeting prior to her 1st grade year, it was decided that Rowley would receive a hearing aid,

instruction from a tutor for one hour a day, and speech therapy for three hours each week. The

parents also requested that a sign language interpreter be in the classroom with Rowley. Rowley;

however, did not benefit from the interpreter the year before, so the school district denied her of

this service. The Supreme Court eventually decided in favor of the Board of Education of the

Hendrick Hudson Central School District because the law only requires that students receive

instruction to benefit ones education, not to help one receive full potential as learners.

(Encyclopaedia, 2014) Since Rowley did not benefit from the sign language interpreter it was

appropriate that it was not put on her IEP. However, the school could have checked into other

services to see if any of them might have benefited the student.

LRE requires schools to keep students with disabilities in the regular classroom for the

appropriate time, which allows students with disabilities to interact with students without

disabilities. This is a great way to help both groups of students become more aware of how the

others learn and how to interact with them. If students are not able to receive appropriate
IDEA ESSAY 6

education within the regular classroom setting, the resource room is available for students. The

regular classroom is encouraged as much as possible. However, there are cases where students

need separate schools or education in hospitals to help them. The LRE can be found in the IEP,

explaining in as much detail as possible why students will not benefit from the general education

classroom if that was the decision made. (Heward, 2013 ) A few cases that involved the LRE

were Sacramento v. Rachel in 1994, Hartmann v. Loudoun in 1997, and Doe v. Arlington

County in 1999. All these cases had an impact on LRE because it was stated that the students

should first be considered for the general education classroom where some of the greatest

learning happens for all students. (Hulsey, 2002)

Due Process Safeguards states that in order to protect students with disabilities and the

parents, schools must follow a certain form of procedures. Parents must give approval before

students can be evaluated for special education. Schools also must provide parents with access to

the students records. School and parents may disagree on identification, evaluation, placement,

or provision. If this happens, parents are entitled to a due process hearing. Due process

safeguards is a principle that takes the next step to make sure students and parents are protected.

There are challenges in raising a child with a disability. When the state and school board have a

focus on providing appropriate services for the student, it makes it easier on the parents.

(Heward, 2013 )

The last principle that is found under IDEA is Shared Decision Making. This principle

states how important it is to have an IEP team when writing a students IEP. It allows everyone

involved with the students education to have a voice in how the IEP is written. When

determining goals for a student it is good to look at the students performance from all different
IDEA ESSAY 7

perspectives, the gym teacher may focus on motor abilities, the reading teacher looks at

comprehension, and the parents give an input on social skills. One teacher may be seeing

something different that another teacher, so it is important to have more than one perspective

when writing a students IEP. Parents must have a say in the childs education and goals that are

set for the child. Once a student with a disability turns sixteen, the student is asked for input and

to help write the IEP. Students may start earlier if wanted, but it is not required. (Heward, 2013 )

In conclusion, the special education law has been around for many years now, it has

changed over the years, but the last revision was in 2004. During that revision the name was

changed from the Individuals with Disabilities Education Act to Individuals with Disabilities

Education Improvement Act. It is still referred to as IDEA. Under this special education law lies

six major principles that have benefited special education in a positive way: Zero Reject, FAPE,

Nondiscriminatory Evaluation, LRE, Due Process Safeguard, and Shared Decision Making.

(Heward, 2013 ) The law views students with disabilities as equals to those without disabilities.

It provides those students who have a disability with appropriate education to help them succeed

in life.
IDEA ESSAY 8

Works Cited

Education, U. D. (n.d.). Building the Legacy: IDEA 2004 . Retrieved from ED.gov: http://idea.ed.gov/

Encyclopaedia, T. E. (2014, September 23). Board of Education of the Hendrick Hudson Central School

District v. Rowley. Retrieved from Encyclopaedia Britannica :

http://www.britannica.com/EBchecked/topic/1989194/Board-of-Education-of-the-Hendrick-

Hudson-Central-School-District-v-Rowley

Heward, W. L. (2013 ). Exceptional Children: An Introduction to Special Education 10th Edition . Upper

Saddle River, New Jersey : Pearson Education, Inc. .

Hulsey, G. D. (2002, August ). The Least Restrivtive Environment Mandate: How Has It Been Defined by

the Courts? . Retrieved from ERIC (Educational Resources Information Center) :

http://www.hoagiesgifted.org/eric/e629.html

Steketee, A. M. (2014, August 14 ). Timothy v. Rochester, New Hampshire, School District . Retrieved

from Encyclopaedia Britannica:

http://www.britannica.com/EBchecked/topic/1990557/Timothy-W-v-Rochester-New-

Hampshire-School-District