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1. How will the new law help
children with disabilities reach higher levels of
achievement?
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The 1997 Individuals With Disabilities Education
Act aims to strengthen academic expectations and
accountability for the nation's 5.4 million
children with disabilities, and to bridge the gap
that has too often existed between what those
children learn and the regular curriculum.
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
children in regular classrooms receive.
The law also requires that regular progress
reports be given to parents, and that children with
disabilities are included not only in state and
district assessments, but also in the setting and
reporting on performance goals in the same manner
as for non-disabled children.
Teachers will benefit from advancements in
research through professional development
initiatives.
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2. What about parents? How are
parents involved in decisions about their child's
education?
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Parental involvement will increase under the new
law. In all states, parents are included in groups
making eligibility and placement decisions about
their child with a disability. Parents also have a
right to consent to periodic re-evaluations of
their child's program, in addition to the initial
evaluation. Previously, in some states, parents
only had a right to be included in IEP
meetings.
Currently, parents of children with disabilities
rarely get regular reports from schools on their
child's progress in achieving academic goals set
forth in the IEP. The new law aims to increase
parental involvement by requiring regular progress
reports that are commonly made for other
children.
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3. Will more children with
disabilities be placed in regular classroom
settings under the law?
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The law is designed to remove financial
incentives for placing children 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 children with disabilities are set.
The law also eases some of the restrictions on
how IDEA `97 funding can be used for children
served in regular classrooms. Specifically, such
funds can be used for providing services to
children with disabilities in regular classroom
settings even if non-disabled children benefit as
well.
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4. How does the law change the
roles and responsibilities of regular classroom
teachers?
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A critically important feature of the 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 children in regular classroom
settings and ties the education of children with
disabilities more closely to the regular education
curriculum.
The law requires that IEPs include the program
modifications and supports for the child and
teacher to enable the child to succeed in the
classroom.
The law also provides continued federal support
to improve teacher training nationwide, and adds
support of teacher training programs in geographic
areas with acute teacher shortages.
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5. How will IDEA 97 prevent
inappropriate placements for minority
children?
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Whether the child is a minority student or not,
IDEA 97 emphasizes that for most children with
disabilities, special education is not a place.
Rather, special education is a set of services to
support the needs of children with disabilities to
succeed in general education classrooms.
For the first time, states will be required to
gather data to ensure that school districts are not
disproportionately identifying and placing children
with disabilities from minority or limited English
proficiency backgrounds in separate educational
settings, and that such children are not being
disproportionately suspended or expelled. In
addition, in determining their education services,
schools will be required to address the language
needs of students who have limited English
proficiency. Teachers will be provided training and
research based knowledge to meet the special needs
of these children.
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6. How will this law help
school districts meet the costs of special
education?
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The law directs more federal dollars to school
districts and allows them greater flexibility to
meet the needs of children 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.
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7. How does IDEA promote safe,
well-disciplined schools?
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All children deserve safe and well-disciplined
schools. For the first time, the law sets out and
clarifies how school disciplinary rules and the
obligation to provide a Free Appropriate Public
Education to disabled children fit together.
The law explicitly requires that children 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 children 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
children under suspension or expulsion would still
receive special education services elsewhere.
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8. How does the law affect
infants, toddlers, and preschoolers with
disabilities?
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The law allows federal funding to rise to $400
million for infants and toddlers programs from
current appropriations of $315 million. For
preschoolers allowable funding is up to $500
million up from current spending of $360 million.
It clarifies that infants and toddlers should
receive services in the home or in other natural
settings where possible. It also improves the
coordination and transition for children from
infant and toddler programs to pre-school
programs.
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9. Will these changes and new
requirements affect the number of lawsuits and due
process hearings by parents and legal bills for
school districts?
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When parents and schools districts collaborate
on children's education, conflict is minimized.
IDEA `97 recognizes and encourages these positive
relationships and non-adversarial methods of
resolving disputes. The law includes parents in
placement decisions and requires schools to report
regularly to parents on their child's progress.
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