Readings on the IDEA Amendments of 1997 ---------------------------------------------------------------------------- The ERIC Clearinghouse on Disabilities and Gifted Education (ERIC EC) The Council for Exceptional Children 1920 Association Drive Reston, VA 20191 Toll Free: 1.800.328.0272 TTY: 703.264.9449 E-mail: ericec@cec.sped.org Internet: http://ericec.org ---------------------------------------------------------------------------- ERIC EC Minibib EB25 December 1998 Compiled by Barbara Sorenson ---------------------------------------------------------------------------- Citations with an ED (ERIC Document; for example, ED123456) number are available in microfiche collections at more than 1,000 locations worldwide; to find the ERIC Resource Collection nearest you, point your web browser to: http://ericae.net/derc.htm. Documents can also be ordered for a fee through the ERIC Document Reproduction Service (EDRS): http://edrs.com/, service@edrs.com, or 1.800.443.ERIC. Citations with an EJ (ERIC Journal; for example, EJ999999) number are available for a fee from the originating journal (your local college or public library may carry a copy), through interlibrary loan services, or from article reproduction services: Carl Uncover: http://uncweb.carl.org/, uncover@carl.org, 1.800.787.7979; UMI: orders@infostore.com, 1.800.248.0360; or ISI: tga@isinet.com, 1.800.523.1850. ---------------------------------------------------------------------------- Bock, S. J., and others. (1998). Suspension and Expulsion: Effective Management for Students? Intervention in School and Clinic, 34(1), 50-52. This article provides a brief review of legal procedures that schools have available under the Individuals with Disabilities Education Act (IDEA) Amendments of 1997, and discusses problems with using suspension and expulsion, including recidivism, increased dropout rates, overrepresentation of minorities receiving suspension or expulsion, and indiscriminate suspension and expulsion. Bureau of Indian Affairs, Dept. of Interior. Washington, DC. (1997). Educational Rights of Parents under Provisions of the Individuals with Disabilities Education Act Including the Amendments of 1997 (Special Education). 24p. ED416661. This pamphlet describes the educational rights of parents provided under provisions of the IDEA, including the amendments of 1997. It discusses rights in the following areas: free appropriate public education; prior notice to parents; parental consent; independent educational evaluations; educational surrogate parents; students records; mediation; discipline; state complaint procedures; impartial due process hearings; and private school placement. The pamphlet ends with a summary of parents' rights. IDEA 1997: Let's Make It Work. (1998). Council for Exceptional Children, 1920 Association Dr., Reston, VA 20191. 94p. This document explains provisions of the 1997 amendments to IDEA (Public Law 105-17), and is divided into 16 topics, most of which address specific sections of the law. Topics include parental involvement; developmental delay; cultural diversity; evaluation and reevaluation; the individualized education program (IEP); related services and technology; early childhood; procedural safeguards; mediation; behavior and discipline; state and local fiscal management responsibilities; private school placements; performance goals, indicators, and assessments; and national support programs. Two additional sections provide a summary of IDEA, an index of topics located in the legislation, and a list of general resources for IDEA. Johns, B.H. (1998). What the New Individuals with Disabilities Education Act (IDEA) Means for Students Who Exhibit Aggressive or Violent Behavior. (Theme Issue: Aggression and Violence in the SchoolsÑWhat Teachers Can Do) Preventing School Failure, 42(3), 102-05. This article outlines new provisions in the reauthorized Individuals with Disabilities Education Act that benefit children with behavior or emotional disorders. Provisions that focus on keeping students in school, accurate assessment of student behavior, positive behavioral interventions, and children who bring weapons or drugs to school are discussed. Landau, J. K. (1998). Statewide Assessment: Policy Issues, Questions, and Strategies. PEER Policy Paper. 7p. (ED number to be assigned.) This policy paper provides a list of questions and associated strategies that parents and parent organizations can address in an effort to ensure that statewide assessment systems fully and fairly include students with disabilities as required by the 1997 IDEA and other federal laws. Introductory material notes the purposes of these large-scale assessments and the relation of statewide assessment programs to education reform initiatives. Suggested questions address the following issues: type of assessment used, use of "off the shelf" or contracted assessments, the process for developing the assessment, the consequences for students of the statewide assessments, inclusion of all students with disabilities in the assessment, responsibility for determining if a student with disabilities needs accommodations to participate in the assessment, types of accommodations available to students with disabilities, how test results are to be used, and how test scores of students with disabilities will be reported. Among seven strategies recommended to parents are the following: obtain copies of the state's education reform and assessment legislation, regulations, and policy documents; identify who makes policy decisions about participation of students with disabilities; and get involved in the decision-making process. McConnell, M. E. and others. (1998). Functional Assessment: A Systematic Process for Assessment and Intervention in General and Special Education Classrooms. Intervention in School and Clinic, (34)1, 10-20. This article describes a 10-step process that educators can use when conducting functional assessments and developing Behavioral Intervention Plans required under the IDEA 1997 for students with disabilities with behavior problems. Manasevit, L. M. and others. (1997). Opportunities & Challenges: An Administrator's Guide to the New IDEA. 212p. ED415649. This manual is designed to help state and local administrators, school board members, and other education advocates understand the complex requirements of the newly reauthorized IDEA. This manual provides step-by-step instruction on IDEA's administrative and procedural requirements. It discusses some of the problems with the old act and highlights the nature of and reasons for the changes. The manual identifies new questions arising from the reauthorized IDEA and discusses potential outcomes under the new statute. It offers insight into the interpretations likely to follow in regulations or the courts and provides practical guidance for understanding IDEA. The manual focuses primarily on the requirements of Part B, the state grant program which provides financial assistance for educating children with disabilities. Individual chapters discuss the changes to: state and local planning requirements; identification, evaluation, and placement of children with disabilities; the IEP process; discipline; procedural safeguards; and fiscal obligations. The manual also gives an overview of the program that provides assistance for infants and toddlers with disabilities, known as Part C of the Act. National Information Center for Children and Youth with Disabilities (NICHCY), Washington, DC. (1998). The IDEA Amendments of 1997. Revised Edition. 39p (ED number to be assigned.) This news digest summarizes the reauthorized IDEA with emphasis on changes in the new law. These changes include participation of children and youth with disabilities in state and district-wide assessment programs; the way in which evaluations are conducted; parent participation in eligibility and placement decisions; development and review of the (IEP); transition planning; voluntary mediation as a means of resolving parent-school controversies; and discipline of children with disabilities. A side-by-side analysis of how the IDEA has been changed is included. O'Leary, E. (1998). Transition: Terms and Concepts. 15p. ED419330. This paper provides explanations and case examples of some terms and concepts related to transition of students with disabilities under the 1997 amendments to IDEA. Explanations and examples focus on the concepts of "statement of transition service needs" and "statement of needed transition services." The statement of transition service needs focuses on the student's courses of study and other educational experiences and is required on an IEP for every student who is 14 years of age and older. The statement of needed transition services is a long-range 2- to 4-year plan for adult life and is required for every student with an IEP who is 16 years of age and older (younger, if appropriate). This statement must include long-range post-school planning in the areas of instruction, employment, community experiences, post-school adult living, and related services. Also addressed is involvement of other agencies in cooperation with the schools. A sample form for meeting transition requirements includes space for specifying desired post-school outcomes, the present level of educational performance, the statement of transition service needs, and the statement of needed transition services (presented in a matrix form showing specific services, activities/strategies, agency/ responsibilities, and who will provide and/or pay). Palmer, S. (1997). Early Intervention Services for Children Birth through Age 2 Enacted by P.L. 105-17 (IDEA 97). 4p. ED416647. This fact sheet uses a question-and-answer format to summarize early intervention services for children (birth through age 2) provided by Part C of the Individuals with Disabilities Education Act of 1997 (Public Law 105-17). Questions and answers address the following topics: the purpose of Part C (early identification and intervention with infants and toddlers); eligibility for services under Part C (children under age 3 with developmental delay or diagnosed conditions); services mandated to eligible children and their families; the Individualized Family Service Plan; procedural safeguards under Part C; the role of the state and federal governments in providing services; services that each state must provide (such as a comprehensive child find and referral system); and paying for early intervention services. Quinn, M.M. and others. (1998). Addressing Student Problem Behavior: An IEP Team's Introduction to Functional Behavioral Assessment and Behavior Intervention Plans. 22p. ED415636. This paper provides guidelines for conducting a functional behavioral assessment and developing positive behavior intervention plans with students who have behavior disorders or other disabilities in the context of requirements of the 1997 Amendments to IDEA. Rights and requirements under IDEA are specified, as are the roles and responsibilities of the IEP team members. The value of a functional assessment of behavior is presented, including examples to illustrate underlying causes for "acting out" behavior. Techniques for conducting the functional behavioral assessment are then presented and include identifying the problem behavior, indirect assessment using an informant, data analysis, and development of an hypothesis statement. Ideas for IEP teams to consider when developing behavior intervention plans are presented with specific goals and objectives and specification of activities to accomplish the goals and objectives for addressing skill deficits, performance deficits, or both. The final two sections consider ways to modify the learning environment and to evaluate the behavior intervention plan. Sample forms for conducting and analyzing a behavioral assessment are included. Schrag, J. (1997). Relationship of IEP Wingspread Recommendations to the IEP: IDEA Amendments of 1997 and Committee Reports. 47p. ED416617. This report identifies provisions of the IDEA Amendments of 1997 that relate to 10 recommendations proposed by a 1996 conference of the National Association of State Directors of Special Education on the individualized education program. The conference used an accountability model that views accountability from a systemic perspective and the IEP as a major tool to achieve intense student learning outcomes. The information is presented in tabular form with three columns that show: first, the IEP recommendations from the conference; second, the relevant section/s of the 1997 IDEA amendments; and third, related information from reports of the Senate on Labor and Human Resources and the House Committee on Education and the Workforce. Recommendations address such aspects of the IEP as IEP language; specification of accommodations; strategies for access to the general curriculum; making the IEP process more user-friendly; IEP focus on various transition points; student participation in the accountability program; use of broad-based goals; specification of the general education teachers' role; behavior management issues; and linking of educational objectives, intervention, and evaluation. Seltzer, T. (1998). A New IDEA: A Parents' Guide to the Changes in Special Education Law for Children with Disabilities. 24p. ED417535. This guide for parents explains the changes in federal special education law resulting from the 1997 amendments to IDEA. Changes related to the parents' role in decisions about the child's education and in how schools can discipline special education students are highlighted. A question-and-answer format is generally used throughout the guide. After a section summarizing the importance of parental involvement, the next section considers such topics as eligibility under IDEA, disagreements with the school regarding testing, and re-testing requirements. Following a section on the parents' role in the placement decision, a section on writing the IEP offers tips for parent participation in IEP meetings, members of the IEP team, and placement decisions. The section on disciplining students is explained in questions and answers on suspension of 10 days or less, requirements if the child is suspended for longer than 10 days, the requirement that schools conduct "manifestation determination" (which determines whether the child's behavior was caused by or related to the disability), misbehavior involving weapons or drugs, and placement in an interim alternative educational setting. The final two sections summarize parental rights and identify related laws. Thurlow, M. L. (1998). Assessment: A Key Component of Education Reform. PEER Information Brief. 8p. (ED number to be assigned.) This guide for parents explains implications of the 1997 amendments to the IDEA, which requires the participation of students with disabilities in statewide and district-wide assessments, leading to greater accountability by the educational system for educational results for all students. The guide notes that prior to this change, about 50 percent of students with disabilities were excluded from various assessments and urges their inclusion at three stages of the assessment process: development of the assessment measure, assessment results. Briefly addressed are assessment accommodations in presentation, response, setting, and timing/scheduling. Parents are urged to monitor how students with disabilities are considered in regard to instrument development, instrument administration, partial participation, alternate assessment, the monitoring system, and the reporting of results. Specific requirements of an individual student's IEP concerning assessment are also noted. Turnbull, H.R. III and Turnbull, A.P. (1998). Free Appropriate Public Education: The Law and Children with Disabilities. Fifth Edition. Love Publishing Company, 1777 S. Bellaire St., Denver, CO 80222. 400p. This book examines schools' legal responsibility for providing equal educational opportunities for children with disabilities under the 1997 reauthorized Individuals with Disabilities Education Act. First, an introduction to the American legal system and federal policy on disability is provided. Next, the six principles of special education law are analyzed: zero reject, or the right of every child to be included in a free, appropriate, publicly supported educational system; nondiscriminatory testing, placement, and classification; individualized and appropriate education; least restrictive appropriate educational placement; procedural due process; and parent participation and shared decision making. Methods of enforcing the law, through case law techniques and statutory techniques, are then discussed. The book also presents common objections to the six legal principles and answers those objections. It presents the pre-1997 provision of IDEA so that comparison can be made to the new law. Underwood, J. K. (1997). Four Implications of IDEA's Reauthorization. School Administrator, (54)10, 24-27. Reviews major changes for school districts under the IDEA amendments of 1997. The new amendments allow children with disabilities to be disciplined more effectively, require individual education programs to include a student-evaluation component, limit district responsibility for attorney fees, encourage voluntary mediation, and change the funding distribution formula. Wolfe, P. S. and Harriott, W. A. (1998). The Reauthorization of the Individuals with Disabilities Education Act (IDEA): What Parents and Educators Should Know. Focus on Autism and Other Developmental Disabilities, 13(2), 88-93. This article reviews major tenets of the IDEA amendments of 1997, including strengthening of the role of parents, ensuring access to the general education curriculum, modification of discipline procedures, and changes in how individualized education programs are developed and written. Potential issues in implementation and practical suggestions are discussed. Yell, M. L. (1997). Education and the Law. Preventing School Failure, 41(4), 185-87. This article reviews the 1997 amendments to the IDEA in the context of the law's history. It focuses on are changes in individualized education program requirements, mediation as a conflict resolution option, discipline of students in special education, and the required review of the relationship between a student's disability and misconduct (manifestation determination). Zurkowski, J. K. and others (1998). Discipline and IDEA 1997: Instituting a New Balance. Intervention in School and Clinic, 34(1), 3-9. This article reviews the 1997 amendments to IDEA relating to short-term and long-term suspension. New protections for students with disabilities and the new tools for administrators to be used in addressing behaviors are discussed, including placement of students with disabilities in interim alternative educational settings. ---------------------------------------------------------------------------- copyright(c) 1998 ERIC Clearinghouse on Disabilities and Gifted Education downloaded at www.schoolhousedoor.com