(P.S.: Review this and all STEPPE/Hedbring reference
lists often; they are in constant flux
as new literature is uncovered, recommended, or encountered. We
are all in this together, so please be quick and eager to point
out errors or additional literature you find compelling. Thank
you.) The Individuals with Disabilities Education Act (IDEA) of
1997 was passed in June of 1997. The law became effective as of
July 1, 1998. IDEA/1997 includes major changes in the IEP
development process. This webpage highlight changes important to
teachers. [Of course,
you might wonder why yet another law is necessary; so do we. Why
not take a cue from the SEC in Washington? The SEC seems to
believe that there is no legislation like old legislation. They
are quite able to get their job done on the strength of six
laws, none enacted since 1940! Their motto: 'pass a few good
laws and enforce them forever'! Ah, if only others would listen,
the education enterprise might run more smoothly and a whole lot
easier.]
(Section 615(k)(1);
300.520(b))The proposed regulation generally reflects
the new statutory provision requiring an IEP meeting to
review a child’s behavioral intervention plan or to
develop a functional behavioral
assessment plan to address that behavior, with
several interpretations.
The law requires that IEP's include the program
modifications and supports for the child and teacher to enable
the child to succeed in the classroom. The law explicitly requires that students who need it
receive instruction and services to help them follow the rules
and get along in school.
However, the law also recognizes that if students bring a
weapon or illegal drugs to school, schools
have the right to remove students with disabilities to an
alternative educational setting for up to 45 days.
The new law permits schools to go to a hearing officer for an
injunction to remove a child for up to 45 days if the child is
considered substantially likely to injure himself or others.
Previously, only a court had that authority. And the law
also recognizes the right of schools to report crimes to law
enforcement or judicial authorities.
At the same time, the law guarantees that students under
suspension or expulsion would still receive special education
services elsewhere. (2) Requires, in the cases
of students whose behavior impedes their own or others'
learning, the IEP Team to consider strategies, including behavioral
management plans, to address that behavior. (3) Includes the following
categories of behavior, at school or a school function, among
those for which school personnel may order
removal of a child with a disability from the classroom,
and placement in an alternative educational setting, for an
additional 45 days over the regular ten-day limit for such a
removal: (4) Authorizes a hearing
officer to order such a change of placement for up to 45 days
if there is substantial evidence that maintenance of the
current placement is substantially likely to result in injury
to the child or to others. (5) Requires an IEP Team
to review whether the student's inappropriate behavior
was a manifestation of the disability, including review of the
technical soundness of the behavior
management plan. (6) Allows change of
placement, with the parents' agreement, if the behavior is a
result of the disability. (7) Provides for an
immediate appeal to the hearing officer if the parents
disagree with the determination or the changed educational
placement. (8) Allows application to
students with disabilities of the same relevant disciplinary
procedures applicable to students without disabilities, if the
behavior is determined to be not a manifestation of the
disability. (9) Allows a due process
hearing if the parents disagree with such application of
discipline. (10) Requires States and
LEAs receiving IDEA assistance to offer parents voluntary
mediation procedures for disputes over provision of free
appropriate public education to students with disabilities. (11) Requires all parties in
a dispute to disclose, for review, to all other parties
evaluations and recommendations intended for use at the
hearing.
What IS Functional Assessment
of Behavior?
The new Special Education laws went into effect on July 1,
1998. Functional Behavioral Assessment is integral to
IDEA. (The legacy of functional assessment of human behavior is
rich, long, and deep. For example, the reader is referred to Biblio-Refs
and to the Hedbring/Program STEPPE Research
Library for a thorough bibliography relevant to functional
analsysis of behavior. See in particular, Baer, Wolf, and
Risley (1968, 1975); Bijou (1955, 1957, 1963, 1966, 1975;
1977, 1979); Bijou & Baer (1961, 1967); Bricker (1970);
Gardner (1971); Kazdin (1994); Lindsley (1964); Throne (1973).
Please email me if this bibliography proves insufficient.) As Lindsley (1964)
taught us many many years ago: In general,
"[students] are not retarded. Only their behavior in
average environments is sometimes retarded" (p. 62). To
wit: There can be no instructional (or legal!) justification
for barring any student from a school program or moving a
student out of any present program without due process. And
these days, functional behavior assessment is the sine qua non
of due process. To quote Bijou (1972) in this regard,
"escape hatches attributing lack of progress to mental
retardation, learning disabilities, or other traits are
closed" (p. 28). Period. For a more detailed review
of the impact of behavioral analysis on instruction, see the
manuscript Behavior Technology Review
on this website. In sum, the process (and practice) of
Functional Behavioral Assessment (FAB) dates back many years,
is based on well-documented behavioral principles, and is in
many ways a logical application of "applied behavior
analysis" (Baer, Wolf, Risley, 1968, 1975). PL 105-17:
Old Idea, New Bottle?
Copyright © 1995-2001 Dr Charles Hedbring. All
rights reserved worldwide.
PL
105-17: Old IDEA, New Law
Public Law: 105-17 (passed
06/04/97) (enforced 07/01/98)
BRIEF HISTORY (A)
The PARC decision (1971) and Mills (1972) established relevance
of equal protection clause of 14th Amendment of the Constitution
to the learning handicapped. (B) PL 94-142 became law in
1975 based on/guided by these and other court decisions; the IEP
and FAPE were the cornerstones. (C) PL 99-457 amended PL
94-142 in 1986 to provide education to children age 3-5. (D)
PL 94-142 and PL 99-457 merged into PL 101-476 in 1990 and
became known as IDEA, or The Individuals with Disabilities
Education Act. (E) PL 101-476 (reauthorization of IDEA)
was signed into law on June 4, 1997 by President Clinton and
went into effect on July 1, 1998.
PL 105-17 (old wine, new bottle?)
Quote: "A functional analysis of
retarded development views the individual as having a limited
repertory of behavior as a consequence of interaction with his
environment" (Bijou, 1963).
PL 105-17: IRREDUCIBLE FACTS
IDEA: FUNCTIONAL ASSESSMENT (re-visited)
"3. Functional
Behavioral Assessments and Behavioral
Intervention Plans.
Specifically, either before
or not later than 10 business days after taking a
disciplinary action,
...if
the LEA did not conduct a functional behavioral assessment
and implement a behavioral intervention plan for the
students before the behavior that resulted in the
suspension,
the agency must convene an IEP meeting to develop an
assessment plan and appropriate behavioral interventions to
address that behavior OR if the child already has a
behavioral intervention plan, the IEP team must review the
plan and modify it, as necessary, to address the behavior.
QUESTIONS & ANSWERS
Link
to this IDEA '97: Q&A Section
1.
What about the "New IEP"?
From now on, the Individualized Education
Program (IEP) -- the plan that spells out the educational
goals for each child and the services he will receive for his
education -- must relate more clearly to the general
curriculum that students in regular classrooms receive.
2.
What about parents? How are parents involved in
decisions about their child's education?
Parental involvement will increase under the
new law. In all states, parents will now be included in
groups making eligibility and placement decisions about
students with disabilities. Previously, in some states,
parents only had a right to be included in IEP meetings.
Parents also have a right to consent to periodic
re-evaluations of their students' program, in addition to
initial evaluations.
3.
Will more students with disabilities be placed in regular
classroom settings under the law?
The new law is designed to remove financial
incentives for placing students in more separate settings when
they could be served in a regular classroom, and it will
include regular classroom teachers in the meetings at which
the academic goals of students with disabilities are set.
4.
How does the new law change the roles and responsibilities of
regular classroom teachers?
A critically important feature of the new
law specifies that regular teachers will be part of the team
that develops each child's IEP. That is especially
important since the law removes barriers to placing disabled
students in regular classroom settings and ties the education
of students with disabilities more closely to the regular
education curriculum.
5.
How will IDEA 97 prevent inappropriate placements for minority
students?
Whether the child is a minority student or
not, IDEA 97 emphasizes that for most students with
disabilities, special education is not a place. Rather,
special education is a set of services to support the needs of
students with disabilities to succeed in general education
classrooms.
6.
How will this law help school districts meet the costs of
special education?
The new law directs more federal dollars to
school districts and allows them greater flexibility to meet
the needs of students with disabilities in their schools.
States and other public agencies will continue their
level of support to school districts. Unnecessary assessments
will be eliminated, saving school districts an estimated $765
million per year.
7.
How does IDEA promote safe, well-disciplined schools?
All students deserve safe and well-disciplined schools.
For the first time, the new law sets out and clarifies how
school disciplinary rules and the obligation to provide a Free
Appropriate Public Education to disabled students fit
together.
8.
Will these changes and new requirements affect the number of
lawsuits and due process hearings by parents and legal bills
for school districts?
When parents and schools districts
collaborate on students' education, conflict is minimized.
IDEA 97 recognizes and encourages these positive relationships
and non-adversarial methods of resolving disputes. The
new law includes parents in placement decisions and requires
schools to report regularly to parents on their child's
progress.
9.
What Amendments should teachers be especially aware of?
(1) Grants
parents a right to refuse an initial evaluation of a
referred child's need for special education services.
Authorizes the LEA, in such a circumstance, to utilize certain
mediation and due process procedures to resolve the dispute.
Prohibits construing the parents' consent for a child's
evaluation as consent for placement for receipt of special
education and related services.
(a) carrying any weapons
(current law only covers firearms);
(b) having, using,
soliciting sale of, or selling medications or illegal drugs;
and
(c) causing serious
physical or emotional injury as a result of physical or verbal
assault.
What is "Functional
Assessment of Behavior" (FAB)? Functional
analysis, functional assessment (a) looks at behavior because
behavior can be observed and observed directly by those
responsible for conducting a behavioral assessment; (b)
focuses on behavior in context, because it is the
setting, the immediate environment within which the student is
behaving that generally is influencing current behavior;
(c)within the context, FAB involves analysis of antecedents
(what events immediately preceded the behavior in question)
and consequents (what events immediately followed the behavior
in question).
Why is Functional Behavioral Assessment Critical?
Quote: "Fortunately,
as a CEC member, you have access to a professional liability
plan specifically designed to protect you as a full- or
part-time educator. As a full-time employee, you may choose
coverage limits from $500,000 to $2,000,000 at competitive
rates."
Reminder: Please consider downloading
Biblio-Refs -- THE practical Assistant.
steppec@aol.com