Policy Information

Public Education

Overview

The Individuals with Disabilities Education Improvement Act (IDEIA) of 2004 (H.R. 1350), signed into law December 3, 2004, reauthorized the Federal law that mandates that all children with disabilities have available to them a free and appropriate public education (FAPE).  The law was first enacted in 1975 and was known as the Education for All Handicapped Children’s Act (Public Law 94-142), requiring public schools to provide students three to 21 years of age with a broad range of disabilities a free appropriate public education in the least restrictive environment possible.  The Individuals with Disabilities Education Act (IDEA) of 1990 guaranteed a free, appropriate, public education to children with disabilities and supports needed services to infants, toddlers and preschoolers with disabilities and their families as well as supports to the education system that are critical for schools to meet their obligations to these students. Today, approximately six and one-half million children with disabilities receive appropriate early intervention, preschool and special education and related services thanks to the IDEIA.

(a) General Principles for IDEA Reauthorization

• NASHIA favors proposals to amend or revise IDEA that meet the following principles:
• All children should be provided a quality public education that promotes academic success.
• Each child’s education should be tailored to meet his or her unique needs.
• Parental involvement is critical to providing appropriate education to children with and without disabilities.
• Accountability and monitoring programs must be improved.
• All educational personnel, including administrators, principles, teachers, paraprofessionals and related services personnel, must be qualified to educate students with disabilities.
• Shortages of qualified personnel must be decreased and eventually eliminated.
• Assistive technology training for all personnel is key to academic success.
• Early intervention and preschool services must be available to all children.
• Effective research-based instruction should be used whenever possible.
• All schools must provide effective research-based reading instruction to all students, including children with disabilities.
• Increased attention is needed to racial, ethnic and linguistic diversity to prevent inappropriate overrepresentation or under representation of minority children in special education.
• All levels of government must continue to participate in the implementation of IDEA.
• Fully funding IDEA is paramount to ensuring all eligible students receive quality services.
• The civil rights of children with disabilities and their families must be fully maintained.
• Procedural safeguards are necessary to assure that educational decisions are determined appropriately.
• School systems should provide a safe environment, conducive to learning.
• Cessation of services should be prohibited.
• All schools should establish and implement research-based, effective programs that prevent school violence.

(b) Funding

The President’s Commission on Elementary and Secondary Education recommended "a focus on results, not process; embrace a model of prevention, not a model of failure; and consider children with disabilities as general education children first.” To achieve these recommendations, NASHIA favors:

• Mandatory full funding of Part B of IDEA with all funds remaining within the public education system and increases in funding for Part C and Section 619.
• Funding for additional training of special education K-12 teachers and related services personnel.
• Funding for general educators to ensure they are skilled in educating students with disabilities.
• Funding that supports improved access to postsecondary education for students with disabilities as studies indicate higher education may hold a key to reducing the employment gap between people with and without disabilities.