Special Education Curriculum

Regulations

Reauthorized IDEA 2004 has extensive regulations in all areas that govern special education curriculum. In essence, IDEA provides for free, appropriate public education, nondiscriminatory evaluation, individualized education, due process, and LRE. These provisions mean that students with disabilities are entitled to educational and related services at no cost to parents in public schools. No students can be excluded from public education because of a disability. To determine whether students are eligible to receive special education instruction or services, they must be evaluated using assessments that are not biased with regard to race, culture, or disability. Decisions regarding students cannot be based on one test. Rather students must be assessed by a multidisciplinary team in their native or primary language using relevant and appropriate instruments. In addition, parental consent to evaluation is not consent for possible special education placements.

Instruction must be individualized to meet specific needs. Required is an individualized education program (IEP) prepared annually. The IEP is the cornerstone of the curriculum and instruction provided to students with disabilities and has many tenets, the basics of which include the following: a brief description of the student's level of functioning, goals with short-term objectives on how to achieve those goals, identification of which school personnel are responsible for providing the instruction and related services for the student, specific allotment of time for all areas of instruction, and a plan for how progress will be assessed and goals achieved. Students with IEPs are either included in individual state standardized assessments or by an alternative assessment process. Students with disabilities are entitled to adaptations during assessment, such as, extended time. At least one general education teacher must participate as a member of a team that prepares the IEP, and the IEP must address how students will be included in general education programs. When appropriate, the student attends her or his IEP meetings. Placements that are not in general education classrooms must be justified.

Through any stage, students with disabilities and their parents have due process rights. If there is a dispute regarding eligibility, instruction, or services, no changes can be made until the issues and concerns are resolved by an impartial hearing or a court if necessary. School personnel also have due process rights and can request an impartial hearing to resolve disagreements. Mediation must be made available early and the state bears the cost, not parents.

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