Acronyms in Education - What Do They All Mean?

In 1975, a new policy came into existence with a simple stroke of President Gerald Ford's pen; it was the Education for the Handicapped Act or EHA; located in the archives as Public Law 94-142. The EHA is currently known as the Individuals with Disabilities Education Act or IDEA. Since its original introduction, there have been many more changes, additions and amendments.

EHA was designed to include and protect the rights of children with special needs and their families in our nation's educational system. The latest version of IDEA works with the current educational policy of No Child Left Behind in that all student's are provided the right to a free education and an education that is appropriate for their needs.

The original EHA has six major components on which all the recent additions and changes have been built upon and they are:
1. To guarantee a Free and Appropriate Public Education (FAPE) for all children and disabilities, ages 5- 21. (Special Education Laws. 2000-2005)
This is fairly self-explanatory, all students that are eligible and participate in the public education system are entitled to receive a fair and just education that is appropriately suited to their abilities.

2. Procedural Safeguards- procedural safeguards are a set of activities whose purpose is to ensure that the rights of children with disabilities and their parents are protected. All information needed to make decisions about the provision of a free and appropriate public education to the student is provided to parents of children with disabilities and to the student when appropriate. Procedures (mediation and due process) are in place to resolve. (Learning Disabilities Associate of America

3. Appropriate Evaluation - IDEA requires that each child suspected of having a disability receive and appropriate evaluation in all areas of suspected disability by a team of evaluators knowledgeable and trained in the use of the tests and other evaluations materials. They must employee a variety of sound evaluation materials and procedures selected and administrated so as not to be racially or culturally discriminatory. Gather information from a variety of sources and based on information that is useful instructionally in planning for the child's education. An appropriate evaluation provides information to be used to determine the child's eligibility for special education and related services and educational needs of the child. (Learning Disabilities Associate of America)

4. To develop an Individualized Education Plan (IEP) for each child that is eligible for special education and related services; plan is based on multi-disciplinary assessment and includes a statement of specific education and related services to be provided to the child. (Special Education Laws. 2000-2005)
Any child that is accepted into special education and/or the services related to them are educated based on a plan that is designed specifically for that child.

The plan is determined by a series of tests, evaluations and conferences that are attended by the school administration, parent(s), a special education teacher and a regular education teacher so as to develop the best possible education plan for the child that it is being designed for. IEP's need to be updated annually to evaluate the student's current abilities, this is in order to make sure that any adjustments in regular education, length of services and any special features are constant and consistent.

5. To the maximum extent appropriate, all children and youth with disabilities will be educated in the least restrictive education (LRE) environment. (Special Education Laws. 2000-2005)
All students, those with and those with out special needs, are to be educated together; in the same classroom as often as possible. If an inclusionary classroom environment is unavailable, or inappropriate (based on the severity of the child's needs), for the student's learning ability and for them to receive the necessary services, then there may be an exception to the rule.

6. Parent and Student participation in decision-making. This principle reinforces the belief that education of children with disabilities is made more effective by strengthening the role of parent in the special education of children with disabilities is made more effective the role of the parents in the special education process. IDEA requires that parents (and students, as appropriate) participate in each of the step of the education process. (Learning Disabilities Associate of America)

The parent is ensured the rights to view their child's records, a right to a hearing if they feel unjustly treated, and the right to confidentiality of their child's educational records. This was also to grant the parents a full opportunity to accept or deny the services that are being offered, and tailored, to the education of their special education student through each of the steps in the process. Parents are encouraged to voice their opinions and suggestions, as well as any important feedback and information that may assist the school system to educate their child.

In 1986, the EHA was amended with the addition of Public Act 99-457. This act was added to include children from birth to five (5) years. With this addition is was extending the guarantee of Free and Appropriate Public Education (FAPE) to the children from ages three (3) to five (5) with disabilities and establishing an Early Intervention Program (EIP) to those infants and toddlers from birth to two(2) with disabilities. P.L. 99-457 also developed the Individualized Family Service Plan (IFSP) for each of the families with an infant or toddler that has disabilities. (Special Education Laws. 2000-2005)

Again, in 1990, the EHA, was amended with Public Law 101-476; adding several components to the original law established in 1975. In this amendment, the law is renamed from Education for the Handicapped Act (EHA) to the Individuals with Disabilities Act (IDEA); while at the same time removing the phrasing of "handicapped children" with the phrase "child with a disability" throughout the law and all subsequent documents that relate to IDEA. Another addition to the law was the provisions for Transition Services for all students by the time they reach the age of 16. P.L. 101-476 also broadened the range of IDEA to include the eligibility of students with autism and traumatic brain injuries.

It also extended the Least Restrictive Environment (LRE) requirement stating that all children will disabilities are to be educated with other children that do not have disabilities, in the same classroom environment that they would have been in had he/she not had their disabilities, to the maximum extent possible. Lastly, it defined the Assistive Technology Devices and Services for the those children with related disabilities to be included in the IEP for inclusion education. This allows external devices to assist the child in their learning and development. (Special Education Laws. 2000-2005)

The rights of students with disabilities were further enhanced through the passage of Public Law 105-17 in 1997. This public law guaranteed that the children with disabilities would be granted the "access to the general curriculum" that all students were granted through LRE. This law also made it necessary for all students to be considered for the Assistive Technology Devices and Services in their IEP's. This is so that any school purchased assistive technology that a child would need to receive FAPE can be used at school, home or elsewhere.

Lastly, P.L. 105-17 would include a list of related services in the form of mobility or orientation services for blind or visually impaired children; this amendment extended to the transportation of the children to and from their school and throughout the school building (Special Education Laws. 2000-2005). PL 105-17 also provisioned that parents have the right to participate in the decisions made for their disabled child's education.

In adding this, parents are afforded the right to FAPE for their child and the appropriate education includes the necessary accommodations for the child's disabilities and needs; the right to be notified whenever the school would like to review and evaluate their child's needs or placement in any of the accommodating programs that they are receiving.

Other provisions in PL 105-17 for the parents of the children are the rights to agree, in writing, to the evaluation and the decisions of their child's placement in any program(s) and the right to withdraw consent at any time as well. Most importantly, the parent's are provided the right to request, in writing, mediation to any disagreements that may arise and cannot be resolved with the school on an informal basis (Knoblauch,2005).

The most recent amendment to IDEA, was in 2004, under President George W. Bush. This was Pubic Law 108-446. The changes from this amendment were substantial in the face of the IDEA of the past, but at the same time rekindled the structure of the original EHA and the civil rights that it guaranteed. Some of the changes that P.L. 108-446 included are:

a. Extends the definition of the "highly qualified" teacher as outlined in Section 9101(23) of the Elementary and Secondary Education Act (ESEA) to include Special Education teachers. This required that special education teachers need to hold at least a bachelor's degree and must obtain a full state certification; provisional certifications are not acceptable for "highly qualified" certification under IDEA.

b. Includes a provision that the amount of paperwork that is included in the evaluation and implementation processes of special education and outside non-educational activities is reduced. This provision added the paperwork reduction pilot program. In this program the goal is to reduce the amount of a paperwork that is needed to assess and implement each child's testing results and IEP records.

c. Extends to ensuring that all special education and their related services are extended to those children and their families that are homeless or highly nomadic. This is an arm of the No Child Left Behind Act that is in place to guarantee that all students are given the opportunity to receive a fair and appropriate education regardless of circumstances.

d. Increases the requirements and funding for statewide activities and programs. Mandatory requirements of monitoring, enforcement and complaint investigations, as well as establishing and maintaining a process to assist parents in mediating the services for their child must be met in order to receive the funding set aside for the states.
e. Put in place modified requirements for those parents that choose to place their children in private schools to ensure that those children are also receiving equal and fair treatment and participate in services for special education students. Private schools are not required to participate in federally funded mandates as they are private and so not receive the funding of state and federal grants to maintain their educational systems.
f. It revises the goals and requirements of the children that participate in local and state assessments to fall into line with the Elementary and Secondary Education Act of 1965 (ESEA)
g. Gives local education agencies (LEAs) the rights to use some of their local IDEA grants on "early intervening services" focused on the reduction and/or elimination of future educational needs of special education children that currently do not qualify for IDEA
h. Procedure safeguard changes to include:
1. the addition of resolution sessions prior to the due process hearing. This is to give all the parties a chance to resolve the dispute before they arrive at the actual hearing.
2. changes to the testing procedures that determine the qualifications of the special education services.
3. a new category in the services system that allows for the school's ability to place a child with a disability in a temporary educational setting or a where a child has caused serious bodily injury to another person.
i. Major changes in the procedural monitoring of focus on the student performance rather than policy and procedure compliances themselves. (Apling. 2005)
A child cannot just be place in to special education services; a child needs to go through the entire referral process. The referral process is not a simple one either. A child needs to be identified under the IDEA as a child that qualifies as having a disability that is in need of attention. This comes about through the process of referrals; referrals can come from the teacher, a school official and/or the parent, but any school professional request requires parent notification. Before a child can be properly evaluated, there must be at least two (2) prior pre-interventions on record. These pre-interventions need to show that planned and implemented efforts have been attempted to resolve the learning and/or behavior disorders. Once these things have been done and it is determined that the student is still in need of the referral, assessments can begin to determine the level of need. (VDOE. Your Family's Special Education Rights. 2006)
The evaluations are done by a multidisciplinary group that can consists of an administrator, a regular education teacher, a special education teacher, a counselor, a social worker, and/or the parent(s). There is not a single test that determines a child's eligibility for services under IDEA, but instead there are many different assessments to give the student that the multidisciplinary team can select from to determine the eligibility. There are later evaluations that will be given to the student; some are student-to-peer performance comparisons. These tests are known as Norm-referenced tests, meaning that these evaluations are those where the child is compared to the other students in their classroom or grade level. The other style of tests are administered are Criterion-referenced test. These tests are given to determine the behavior of a child when they are tested in a certain subject or manner and a measure of what the child is able to complete of the subjects. These tests are used throughout to gauge the student's progress in classroom instruction. (Wikipedia, 2007). Some standardized tests scores, such as SOL's, can also used as a measurement tool in the prediction of the student's potential in educational growth. There are also surveys that will be distributed to identify factors and behaviors in the classroom and at home.
After all of the necessary evaluations are complete, the review team will once again meet with the parents and discuss the results of the various tests and the results of all the tests in conjunction with one another. Through these results, the team will then review the eligibility of the student for services under the regulations and guidelines of IDEA. If the child is seen as eligible for services, an IEP must then be created as a means to develop a plan that will guide the student and their teacher(s) to make sure that they receive the maximum educational benefit that they are capable of and deserve. As stated by IDEA, IEP's are to be written within thirty (30) days of the determination of the student's eligibility and must be updated no less than once in a one (1) year period; IEP's can be updated as often as necessary as the student's abilities change. With each IEP being written specifically for each student and their abilities, the changes in the student will affect the services and methods that are dictated especially for them and therefore require constant and consistent updates throughout the course of their education.
After the creation of the IEP's for the student's, the daunting task of the execution falls upon the teacher(s) that will be interacting and instructing the student's each day. Although, not mandated, it is necessary and highly beneficial that all the teachers, staff and parents that will be interacting with these student's meet to "fine tune" the details of the IEP; for example, Does the student require a speech pathologist? When? Where? These are the details that must be determined by the school, teachers and the specialists involved. Yet, all these plans can be for not if the parents are not in agreement with the provisions. No services or such can be executed until the school has the final approval of the student's parents.
Throughout the course of any IEP implementation, continued evaluations and assessments must be given, and deciphered, in accordance to the IDEA standards and regulations to determine continued eligibility. If the student displays a level of progress that deems them no longer eligible, then they can be removed from the program. Yet, if it is later determined that they are once again in need of these services, they are able to be re-evaluated for services once again. For those students in which the need remains, continued services may remain with continued evaluations until they are no longer needed.
Whether it is known as EHA or IDEA, the basis is the same, everyone is entitled to "free and appropriate education" the intent is clear; all children are entitled to an education and there is no exception to the rule. IDEA makes it mandatory for these students to be included without recourse and with the services and resources that they need to make the most of the educational system that this country has to offer. Whether the services are simple or complex, the fact of the matter is that they will receive the best education possible on their level, at their pace and in a manner in which they are comfortable.
References:

Apling, R.N. and Jones, N. L. CRC Report for Congress: Individuals with Disabilities Education Act (IDEA)
Analysis of Changes Made by P.L. 108-446. (January 5, 2005). Retrieved July 16, 2007 from
http://www.nasponline.org/advocacy/IDEACRSAnalysis.pdf.

Assistive Technology Training Online Project. Special Education Laws. (2000-2005). Retrieved July 15, 2007
from http://atto.buffalo.edu/registered/ATBasics/Foundation/Laws/specialed.php.

Criterion-referenced test. (2007, June 27). In Wikipedia, The Free Encyclopedia. Retrieved July 15, 2007, from
http://en.wikipedia.org/w/index.php?title=Criterion-referenced_test&oldid=140863871.

Knoblauch, B (2005, May). Rights and Responsibilities of Parents of Children with Disabilities. ERIC
Clearinghouse on Disabilities and Gifted Education Reston VA, #E567, Retrieved August 14, 2007, from http://ericae.net/edo/ED419326.htm

Norm-referenced test. (2007, May 30). In Wikipedia, The Free Encyclopedia. Retrieved July 15, 2007, from
http://en.wikipedia.org/w/index.php?title=Norm-referenced_test&oldid=134475599.

Virginia Department of Education. A Parent's Guide to Special Education. (2001). Retrieved July 15, 2007,
from http://www.doe.virginia.gov/instruction/sped/parent_guide.pdf.

Virginia Department of Education, Division of Special Education and Student Services. Your Family's Special
Education Rights. October 2006. Retrieved July 31, 2007 from
http://www.doe.virginia.gov/vdoe/instruction/sped/proc_safe.pdf.