Policy Information

Special Education Services

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.  IDEA of 1990 requires school districts to report the number of children with traumatic brain injury receiving special education services as a separate disability category.  NASHIA supports continuation of this reporting requirement.

Under present law, Individualized Education Plans (IEPs) are required to have measurable annual goals and short-term objectives for students with significant disabilities.  These goals and objectives outline needs, educational strategies and serve as a guide to measure progress. IEPs are required to be reviewed annually.  Children with TBI can make rapid advances in their academic skills and knowledge, especially during the first six months to a year after the injury.  Children with TBI can also plateau for a time and then make major gains in learning.  Assessment may need to be conducted much more frequently to accommodate these changes.  Therefore, IEPs need to be flexible and educators may need to change them often to meet the child's ever changing educational status.

NASHIA opposes efforts to remove short-term objectives from a child's Individualized Education Plan.  The elimination of short-term objectives will make it more difficult for parents and schools to measure a student's progress.  NASHIA supports the current requirement of at least annually reviewing IEPs and strongly opposes efforts to require a review only every three years.

Policy Briefs

The Public Vocational Rehabilitation Program: The Economic Impact of Increases in Special Education Funding [Word 22KB]