Apr. 28, 2005
http://www.azcentral.com/news/articles/0428specialneeds28.html
Some parents and teachers are concerned that the change will allow special-education students to be expelled for disciplinary problems, fail classes because their educational needs won't be met, and leave them unprepared for life after graduation.
The law, a reauthorization of the Individuals with Disabilities Education Improvement Act, specifically will affect the way parents monitor the progress of their child, how schools handle discipline, how students are instructed, how special-needs children in private schools receive services and how state education officials oversee it all.
		The scope of the rules is so 
		far-reaching that the Arizona Department of Education has scheduled a 
		statewide teleconference in May with special-education directors across 
		the state and is working to hold informational sessions for the 
		community. Arizona has more than 118,000 special-education students.
		
		Although the provisions become law July 1, states will have to wait 
		several months before the federal government hands down regulations 
		implementing them.
		
		"We're running as fast as we can," said Joanne Phillips, who oversees 
		the exceptional-student services program for the State Department of 
		Education. 
		
		The 30-year-old disabilities act was reauthorized by President Bush in 
		December. Because all states accept federal disabilities money, they 
		must adhere to regulations when using those funds. Arizona received $152 
		million in IDEA grants this year. Nationally, the federal government 
		handed out more than $10.5 billion for special education this school 
		year.
		
		The biggest adjustment for parents of a special-education student is in 
		the development of the child's Individual Education Plan, the document 
		schools and parents create to lay out the educational goals for the 
		student.
		
		In an effort to reduce paperwork, the new provisions will no longer 
		require IEPs to include short-term goals, except for students with 
		severe cognitive disabilities. That means parents won't have a tangible 
		way to measure their child's progress for the year, said Beth Smith, 
		whose 17-year-old son has cerebral palsy. 
		
		Parents generally look for the short-terms goals as a way to make sure 
		their child is on track to meet bigger goals for the year. For Smith, 
		that means making sure Michael meets his goal of writing an essay with 
		three supportive arguments if he is to meet his year-end goal of passing 
		English III.
		
		"I can look at the IEP and see if he is where he needs to be," she said.
		
		Phillips said that while districts and parents can choose to continue 
		including short-terms goals in the IEP if they find them helpful, the 
		main goal should be to make sure the plan is aligned with state 
		standards. Paula Banahan, whose daughter has Down syndrome, said parents 
		will demand a way to keep up with their child's progress, even if it's 
		through quarterly updates from teachers.
		
		"How do we get there?" asked Banahan, whose daughter, Julia, is a 
		freshman at Shadow Mountain High School. "Where is our road map?"
		
		How schools and parents work to implement the IEP without the short-term 
		goals will determine if it was worth cutting down the paperwork, 
		Phillips and the parents said.
		
		Another provision likely to be of concern to parents is stricter 
		disciplinary guidelines for special-education students. Previous 
		versions of the disabilities law made it easier for parents to attribute 
		a child's disruptive behavior to the disability. Now it will easier for 
		schools to show a disconnect between the actions of special-needs 
		students and the disability, said Jerri Katzerman, managing attorney for 
		the Arizona Center for Disability Law. 
		
		The burden of proof may fall on parents during disciplinary hearings, 
		where schools are generally quicker than parents to label the behavior 
		as separate from the disability, she said.
		
		It's the type of change that Katzerman said parents need to know about 
		when it comes time to question a school's decision. Her organization 
		helps parents with school-related disputes. 
		
		"This is a significant reversal of current law," she said. "It will be 
		much easier for an administrator to get rid of a perceived problem."
		
		Banahan said parents will want school employees to be better educated on 
		how each disability affects student behavior, especially if the changes 
		make it easier for students to be removed from "regular" classrooms. Her 
		daughter, for example, tells teachers she is too busy to do homework 
		when she doesn't understand how to do it.
		
		One of the most surprising changes has to do with when schools help 
		special-education students transition into adulthood. Schools will now 
		be asked to begin preparing students for life after school at age 16, 
		two years later than current requirements.
		
		Phillips said that provision was so unexpected that many in the 
		special-education community double-checked to make sure it wasn't a 
		typographical error. Her concern is that special-education students, who 
		need the most help with the transition, will lose two years of services.
		
		
		"It distresses me," said Phillips, who reminded parents that they can 
		still request transition services begin at 14.
		
		Parents need to plan for life after school as soon as possible to 
		account for everything that child will need, Smith said. Questions about 
		college scholarships, jobs or life services available to special-needs 
		children don't wait until the student is 16, she said. 
		
		"I starting asking when Michael was in the 10th grade," she said. "We 
		need to start working on this stuff."
		
		The biggest impact of the provisions will be felt in the budgets of 
		school districts. Special-education teachers will be required to be 
		highly qualified under the law's new provisions. It's a requirement 
		meant to align special education with the federal No Child Left Behind 
		law that already mandates that "regular" classroom teachers be highly 
		qualified.
		
		A more plausible solution, Phillips said, would be to use two teachers 
		in special-education classrooms. A biology teacher, for example, could 
		be asked to spend a period in a special-education teacher's room.
		
		School districts also could be heavily affected by how the law will 
		change special-need services in private schools. Current rules ask the 
		district in which the parent resides to provide services for the child 
		who attends a private school, regardless of where the private school is 
		located.
		
		The change would require the district to pay for the services offered to 
		all special-needs children in private schools within its boundaries. 
		It's still unclear how the funding will work.