Honoring Team Decision-Making During Manifestation Determination Meetings Through Collaborative and Proactive Solutions

2021 ◽  
pp. 105345122110148
Author(s):  
Laura Trapp ◽  
Tracy Gershwin ◽  
Jason Robinson
Keyword(s):  
Students With Disabilities ◽  
Student Outcomes ◽  
Individualized Education Program ◽  
Rigorous Analysis ◽  
Specific Data ◽  
Team Members ◽  
Manifestation Determination ◽  
Disabilities Education Act ◽  
Team Decision ◽  
Education Act

The Individuals With Disabilities Education Act requires schools to conduct a manifestation determination (MD) meeting when suspending students with disabilities for more than 10 days. The MD procedure is intended to safeguard educational access by providing a process to determine if a student’s disability is related to the suspending behavior. An accurate decision requires educational team members to effectively collaborate to review relevant data and the student’s individualized education program. Collaborative and proactive solutions (CPS) offer a framework for collaboration that may ensure that all team members meaningfully participate during the MD meeting while encouraging a rigorous analysis of student-specific data. The use of CPS is proposed as a framework to generate meaningful collaboration in MD meetings, which may result in positive student outcomes that reach beyond merely addressing a behavioral violation.

The Foundation of Inclusion in Federal Legislation and Litigation

2017 ◽  
pp. 27-52 ◽  
Author(s):  
Mitchell L. Yell ◽  
Christine A. Christle
Keyword(s):  
Students With Disabilities ◽  
Least Restrictive Environment ◽  
Team Members ◽  
Student Placement ◽  
Placement Decisions ◽  
Disabilities Education Act ◽  
Federal Mandate ◽  
Education Act ◽  
Restrictive Environment ◽  
Historical Antecedents

The foundation of inclusion in special education law is the least restrictive environment (LRE) mandate of the Individuals with Disabilities Education Act. This federal mandate requires that all students with disabilities receive their education with students without disabilities to the maximum extent appropriate. Our purpose in this chapter is to examine the legal basis of inclusion. We first review the historical antecedents of inclusion. Second, we examine the LRE mandate and the student placement requirements of the IDEA. Third, we survey the most important case law rulings regarding LRE and the placement of students with disabilities. Fourth, we consider strategies that have been used to promote inclusive placements and briefly review the literature on these strategies. We end this chapter by offering principles to guide IEP team members in making educationally beneficial and legally correct placement decisions for students with disabilities.

Perspectives on the Future of IDEA

1997 ◽  
Vol 22 (2) ◽  
pp. 61-76 ◽  
Author(s):  
Michael L. Hardman ◽  
John McDonnell ◽  
Marshall Welch
Keyword(s):  
Special Education ◽  
Public Education ◽  
Students With Disabilities ◽  
Individualized Education Program ◽  
Federal Law ◽  
Individualized Education ◽  
Disabilities Education Act ◽  
Education Act ◽  
Definition Of ◽  
Restrictive Environment

Since its original passage in 1975 as Public Law 94-142, the Individuals with Disabilities Education Act (IDEA) has been the cornerstone of practice in special education. This federal law has enabled all eligible students with disabilities to access a free and appropriate public education. During the past 2 years, the 104th Congress has debated vigorously some of the law's basic tenets (e.g., definition of disability, content of the individualized education plan [IEP], parental rights to attorneys, fees, discipline, and placement). The basic requirements of the law remain intact and continue to shape the scope and content of special education. This article addresses whether or not the assumptions upon which IDEA is based remain valid as we approach the 21st century. We critique these assumptions within the context of four requirements of IDEA: (a) eligibility and labeling, (b) free and appropriate public education, (c) the individualized education program (IEP), and (d) the least restrictive environment. Recommendations for changes in existing law relative to each of the above requirements are presented.

Legal Standards for an Appropriate Education in the Post-Rowley Era

1992 ◽  
Vol 58 (6) ◽  
pp. 488-494 ◽  
Author(s):  
Allan G. Osborne
Keyword(s):  
Students With Disabilities ◽  
Individualized Education Program ◽  
Legal Standards ◽  
Educational Benefit ◽  
Disabilities Education Act ◽  
Recent Approach ◽  
Lower Courts ◽  
Education Act ◽  
Liberal Approach ◽  
Appropriate Education

In 1982 the U. S. Supreme Court held that an appropriate education under the Individuals with Disabilities Education Act was one that was formulated in accordance with the Act's procedures and that conferred some educational benefit on students with disabilities. Initially, the lower courts applied this terminology strictly and approved any proposed individualized education program that conferred even minimal educational benefit. However, later courts began to take a more liberal approach and held that the educational-program must confer some meaningful benefit. A careful reading of the Supreme Court's 1982 decision indicates that this recent approach is consistent with Congress's and the Court's intent. The Court never intended to establish one test of appropriateness since it recognized that some flexibility was needed to determine what would be appropriate for a diverse population of students with disabilities.

Assistive Technology for Students With Disabilities

2016 ◽  
Vol 31 (4) ◽  
pp. 183-194
Author(s):  
Susan Larson Etscheidt
Keyword(s):  
Assistive Technology ◽  
Students With Disabilities ◽  
Education Program ◽  
Individualized Education Program ◽  
Case Law ◽  
Legal Analysis ◽  
Individualized Education ◽  
Legal Requirement ◽  
Disabilities Education Act ◽  
Education Act

Individualized Education Program (IEP) teams are required by the Individuals with Disabilities Education Act (IDEA) to consider a student’s need for assistive technology (AT). Despite this legal requirement, AT supports are often not available to students with disabilities. Many students with disabilities and their families have addressed the failure to consider and provide AT supports through litigation. The purpose of this article is to examine the case law pertaining to the assessment, selection, and provision of AT learning supports for students with disabilities. A legal analysis was conducted to determine litigation themes. Based on these results, several recommendations for IEP teams are proposed.

Disciplining Students with Disabilities: Issues and Considerations for Implementing IDEA ‘97

1998 ◽  
Vol 23 (4) ◽  
pp. 276-289 ◽  
Author(s):  
Antonis Katsiyannis ◽  
John W. Maag
Keyword(s):  
Students With Disabilities ◽  
Functional Assessment ◽  
Historical Overview ◽  
Individuals With Disabilities ◽  
Manifestation Determination ◽  
Disabilities Education Act ◽  
Education Act

Disciplining students with disabilities has been a controversial and hotly debated issue. The discussion has not been tempered by the introduction of the 1997 amendments to the Individuals with Disabilities Education Act (IDEA ‘97) provisions on discipline, since they are often confusing and provide only general guidelines for implementation. This article discusses issues related to implementing the IDEA ‘97 discipline provisions. It begins with a brief historical overview of litigation that led to the provisions and describes the provisions. The remainder of the article describes issues and considerations in conducting functional assessment, making a manifestation determination, generating interim placements, and deciding on the cessation of services.

Mothers' Perceptions of Satisfaction, Trust, and Power in the Individualized Education Program Process

Inclusion ◽  
2021 ◽  
Vol 9 (4) ◽  
pp. 247-262
Author(s):  
Belkis Choiseul-Praslin ◽  
Malarie E. Deardorff ◽  
Kristopher Hawk Yeager
Keyword(s):  
Students With Disabilities ◽  
Education Program ◽  
Individualized Education Program ◽  
Individualized Education ◽  
School Partnerships ◽  
Team Members ◽  
Iep Meeting ◽  
Iep Process ◽  
Education Act ◽  
Iep Team

Abstract Parent involvement in the development of an individualized education program (IEP) is a foundational tenet of the Individuals With Disabilities Education Act (IDEA). Unfortunately, mothers, the parent most likely to attend the IEP meeting, often report negative perceptions and even feelings of disillusion with the IEP process. Including mothers as equal members of the IEP team is crucial to student success, especially for students with intellectual and developmental disabilities (IDD). To determine the extent of mothers' satisfaction, trust, and perception of the power of the IEP process, we surveyed 929 mothers of students with disabilities. Survey results indicate mothers are neither overly satisfied nor dissatisfied with the process, but almost always perceive an imbalance of power between IEP team members. A high percentage of mothers reported experiences with bullying, coercion, and shame. The findings suggest that more efforts are needed to empower mothers during the IEP process and improve parent-school partnerships.

Recent and Continuing Initiatives and Practices in Special Education

2017 ◽  
Vol 104 (2) ◽  
pp. 32-37 ◽  
Author(s):  
Alice-Ann Darrow ◽  
Mary S. Adamek
Keyword(s):  
United States ◽  
Special Education ◽  
Music Education ◽  
Students With Disabilities ◽  
Individualized Education Program ◽  
The United States ◽  
Music Educators ◽  
Disabilities Education Act ◽  
Basic Understanding ◽  
Education Act

A number of initiatives in special education have occurred in the United States over the years, some mandated by amendments to the Individuals with Disabilities Education Act. Having a working knowledge of these initiatives allows music educators to have informed discussions with colleagues and parents and participate more fully in Individualized Education Program (IEP) meetings. Adopting special education practices that are appropriate to music education can also promote consistent and coordinated efforts on behalf of students with disabilities. This article includes summaries of current practices and initiatives in special education. For music educators who would like a basic understanding of their colleagues’ discipline, these summaries offer useful information that can facilitate the inclusion of students with disabilities.

The Emperor Has No Clothes: Improving the Quality and Compliance of ITPs

2017 ◽  
Vol 41 (3) ◽  
pp. 146-155 ◽  
Author(s):  
Gary Greene
Keyword(s):  
Special Education ◽  
Students With Disabilities ◽  
Special Education Teachers ◽  
Education Program ◽  
Individualized Education Program ◽  
Disabilities Education Act ◽  
Transition Plan ◽  
Age Appropriate ◽  
Education Act ◽  
Assessment Results

The Individuals With Disabilities Education Act of 2004 (IDEA) requires that an Individualized Education Program (IEP) for students with disabilities, age 16 years and older, include age appropriate transition assessment results aligned with measurable postsecondary goals. This section of the IEP is typically known as an Individual Transition Plan (ITP). A recent investigation found a number of ITPs did not meet the requirements of the IDEA. To support special education teachers in writing IDEA-compliant ITPs, this article presents suggestions for developing quality ITPs with specific emphasis on transition assessment. Discussion includes potential explanations for the lack of quality in presenting transition assessment results, recommendations for conducting transition assessment, transition assessment resources, and examples of quality and IDEA-compliant ITPs.

Adapted Physical Education: Meeting the Requirements of the Individuals With Disabilities Education Act

2021 ◽  
pp. 004005992110383
Author(s):  
Mitchell L. Yell ◽  
Scott McNamara ◽  
Angela M. T. Prince
Keyword(s):  
Physical Education ◽  
Students With Disabilities ◽  
Individualized Education Program ◽  
Department Of Education ◽  
Adapted Physical Education ◽  
Individuals With Disabilities ◽  
Education Services ◽  
Free Appropriate Public Education ◽  
Disabilities Education Act ◽  
Education Act

The Individuals with Disabilities Education Act (IDEA) requires that school districts provide eligible students with specially designed instruction that confers a free appropriate public education (FAPE). Depending on the unique needs of a student, FAPE may include physical education services. The IDEA also requires that a student’s individualized education program (IEP) include adapted physical education services, when deemed necessary to meet a student’s needs. In this paper we (a) define and compare physical education and adapted physical education, (b) examine the FAPE of the IDEA requirements regarding physical education and adapted physical education, (c) review a recent policy letter issued by the U.S Department of Education on adapted physical education, (d) highlight several court cases on adapted physical education for students with disabilities, and (e) offer guidance on when to include physical education and adapted physical education in students’ IEPs.

Disciplining Students with Disabilities: Legal Trends and the Issue of Interim Alternative Education Settings

2003 ◽  
Vol 28 (4) ◽  
pp. 410-418 ◽  
Author(s):  
Antonis Katsiyannis ◽  
Carl R. Smith
Keyword(s):  
Alternative Education ◽  
Students With Disabilities ◽  
Behavioral Assessment ◽  
Limited Attention ◽  
Related Area ◽  
Manifestation Determination ◽  
Disabilities Education Act ◽  
Idea 1997 ◽  
Disciplinary Procedures ◽  
Education Act

Disciplining students with disabilities within the parameters of the Individuals with Disabilities Education Act (IDEA) and Section 504 continues to be a controversial issue. Professionals and practitioners have voiced concerns regarding the implementation of the IDEA 1997 disciplinary procedures, particularly in areas such as manifestation determination and functional behavioral assessment. A related area that has received limited attention is the use of interim alternative education settings, particularly the use of homebound settings. A review of legal activity in this area revealed that programs and services for students served in such settings may be questionable.

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