Individuals with disabilities education act (idea)
"The first law providing for students with disabilities was called the Education for All Handicapped Children Act (Public Law 94-142). This law was passed by Congress in 1975. The most recent law in this series of laws is the Individuals with Disabilities Education Improvement Act of 2004 or IDEA-2004. This current version of the law assures that all students with disabilities are provided a free and appropriate education based on their individual needs. IDEA is also based on the premise that there is zero reject meaning all students have the right to go to school regardless of the severity of their disability." (Lerner & Johns, 2015, p. 288)
Free appropriate public education (FAPE)/zero reject
The Individuals with Disabilities Education Act (IDEA) says that each child who has a disability and needs special education and related services will receive a free and appropriate public education (FAPE). Free means that all eligible students with disabilities will be educated at public expense. There is no cost for the parents. Appropriate means that a child with a disability is entitled to an education that is appropriate for him/her. It will be tailored and planned to meet his/her needs as stated in his/her Individualized Education Program/Plan (IEP). Public refers to the public school system. Children with disabilities, whatever the nature or severity of their disabilities, have the right to be educated under public supervision. Education must be provided to every eligible school-age child with a disability. FAPE ensures that he/she will receive a public education that includes the services outlined in his/her IEP. The education should prepare the child for the future - further education, employment, and independent living.
no child left behind/every student succeeds act
"The No Child Left Behind Act (2001) stated that each state must develop and implement a statewide assessment system that is aligned to the state standards in reading/language arts, math, and science. Under IDEA-2004, each state must have achievement goals that are measured by statewide tests for all public schools. On December 10, 2015 the No Child Left Behind Act was reauthorized and is now called the Every Student Succeeds Act (ESSA). ESSA includes provisions that will help to ensure success for students and schools." (Lerner & Johns, 2015, p. 288)
least restrictive environment (LRE)
"IDEA-2004 calls for instructing students with disabilities in the least restrictive environment (LRE) to the greatest extent appropriate. With increasing frequency, the recommended educational setting for students with disabilities is the general education classroom, which is often referred to as inclusion. IDEA-2004 requires that students with disabilities have access to the general education curriculum." (Lerner & Johns, 2015, p. 107). This means that students with disabilities should be included into the general education classes as much as their disability allows, without hurting their own academic future and their peers. A LRE is different for every students and is decided during the IEP. The goal is to find what works best for the student.
zero tolerance policies
"Zero tolerance policies refer to philosophy and practice of requiring mandatory punitive consequence for designated infractions, with no leeway for administrator discretion or judgement. Zero tolerance policies have been expanded over the years to mandate harsh punishments for a wide range of rule infractions, sometimes even encompassing minor behaviors that are clearly not dangerous. Zero tolerance laws and policies require educators to administer these prescribed consequences, without allowing for administrators; discretion in evaluating the incident, the student's intent, or other mitigating factors." (Sheuremann & Hall, 2016, p. 12)
manifestation determination
"If a student is suspended or expelled, the IEP team must make a manifestation determination. This means that the IEP team must decide whether the presenting problem behavior is a result of the student's disability and whether the current IEP is being implemented. If the behavior is a result of the disability or if the services on the IEP were not being met, services must continue for students with disabilities who have been suspended or expelled because of their behavior." (Lerner & Johns, 2015, p. 165). If a student's behavior is found to be the result of his/her disability they cannot be punished. In this case zero tolerance may not apply to the student. This manifestation determination must be decided by the IEP team.