The Right to Free Public Education

Topics: Individualized Education Program, Education, Special education Pages: 6 (1691 words) Published: January 29, 2013
Special Education

A. The six key components are as follows:

1. Zero Reject/FAPE: This says that all children ages 6-17, no matter what their physical/mental ability, are guaranteed the right to a free public education.

2. Nondiscriminatory Identification and Evaluation: This was put into place so that a child could not be placed into special education because of things such as a language barrier. Because of this component, for example, a child would not be assessed in English if their primary language was Arabic.

3. Individualized Education Program (IEP): This says that every student must be given a customized plan for their education. Each students IEP must do the following; present levels of educational performance, measurable annual goals, objective criteria and evaluation procedures, specific special education services, extent of participation in general education and explanation of non-participation, modifications to general education classrooms, and projected dates of initiation and length of services.

4. Least Restrictive Environment (LRE): This means that all children, with and without disabilities, should be education together unless it is not what is best for the child.

5. Due Process: A system of checks and balances to make sure children with disabilities are treated fairly. This includes; written parental consent for evaluation of special education, written parental permission for placement in special education, parents rights to review children’s records, parental right to an independent evaluation for child, parental and institutional rights to a hearing, parents and institutions right to appeal, and everyone’s rights to confidentiality.

6. Parental Participation: Parents have the right to be included in everything. Schools have to communicate everything to parents at all times (The Education).


1. PL99-457 (1986) : A new challenge to early intervention

It established state level interagency councils on early intervention. First instituted Individualized Family Service Plans or IFSP. Provides case management to families and acknowledges that the family is the central focus of service. Maintains a public awareness program that includes a comprehensive child find system and a central early intervention resource directory (Public Law).

2. PL 101-476 : IDEA 1990

The intent of this law was to identify the child first and the disability second. It added autism and traumatic brain injury to the education for all handicapped children’s act of 1975 as well as included rehabilitation and social work services. It also replaced the word “children” with the word “individuals” and the word “handicapped” to “with disabilities.” It also mandated transition services for students with disabilities to begin no later than the student's sixteenth birthday (IDEA 1990).

3. PL 105-17 (1997)

Formed the basis of the IEP in that it had to explain how the child’s disability affected their ability to be in a general ed classroom and that a child’s IEP must be reviewed annually. Provided the inclusion of families in the making of an IEP. Made it so that children with disabilities had to be given progress reports at least as often as regular ed children (IDEA 1997).

4. IDEA 2004: PL 108-446

Changed benchmarks and objectives of IEPs. Started a program for multi-year IEPs. Added to level of education for special education teachers to make them “highly qualified,” or to have Full State certification or licensure as a special education teacher; No waiving of the above on an emergency, temporary, or provisional basis; and Minimum of Bachelor’s degree.

Started response to intervention program. Made more guidelines for the discipline of students with disabilities. Added funding.

C. The process of referring a student for special ed is as follows:

First, there’s recognition. This is when a teacher recognizes that there is a...
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