Remedial and Special Education

November 29, 2000, marked the 25th anniversary of the signing into law of the Individuals with Disabilities Education Act (IDEA). This seminal law has improved the educational opportunities for students with disabilities in the United States. In this article we briefly review the IDEA's first 25 years and speculate on the direction the IDEA may take in the future. Our purpose in this article is to (a) present the litigative and legislative developments that led to the passage of IDEA, (b) examine the law itself and the litigation interpreting the IDEA, and (c) discuss the direction that IDEA may take over the next 25 years.

Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) are civil rights acts that are beginning to have a major impact on public schools. Schools have recently begun to pay a great deal of attention to these two acts because more and more parents are beginning to request services for children who are not eligible for services under the Individuals with Disabilities Education Act. Because these two pieces of legislation are civil rights acts, their application is mandatory for schools. Schools must ensure that students who are protected have equal access to a free, appropriate education and extracurricular activities. This article provides an overview of the requirements of Section 504 and the ADA, and it describes actions that schools can take to ensure compliance.

The provision of appropriate educational programs for students with disabilities continues to be clarified through amendments to the Individuals with Disabilities Education Act (IDEA) of 1990. Required in the latest amendments, in 1997, and the subsequent publication of the regulations in 1999, are a research-based method known as functional assessment of behavior (FAB) and a behavioral change strategy known as positive behavior supports (PBSs). This article provides a legal base for and describes the steps in implementing an FAB; it also provides examples of appropriate PBSs and their use with students with disabilities.

The ability of parents of children with disabilities to seek reimbursement for private school tuition is one of the most controversial aspects of special education law. Using a comprehensive sample of published court and hearing officer decisions regarding tuition reimbursement, this study, expanding on previous research, quantified the frequency and outcomes of tuition reimbursement disputes. It revealed that the annual average number of such claims has increased over time. It also demonstrated that there was a significant difference in case outcomes between the administrative and judicial forums, but there was no significant difference in case outcomes among the successive time periods marked by two U.S. Supreme Court decisions on tuition reimbursement (i.e., Burlington School Committee v. Department of Educ. (1985), Florence County School District Four v. Carter (1993)) and, most recently, the Individuals with Disabilities Education Act Amendments of 1997.

The Individualized Education Program (IEP) has been the cornerstone of special education since the Education for All Handicapped Children Act became law in 1975. We begin this article by examining the relationship between the IEP and a free, appropriate public education. Then we discuss the IEP process and highlight the procedural changes and new requirements mandated by the Individuals with Disabilities Education Act Amendments of 1997. Next, we present information from a number of due process hearings and cases that have involved IEPs to illustrate mistakes school districts often make that can result in rulings against a district. Finally, we provide guidelines to assist schools with developing legally correct and educationally appropriate IEPs.

This article analyzes the 1999 decision of the United States Supreme Court, Sutton v. United Air Lines, by asking four questions and showing how the majority of the Court answered them. It then sets out the significance for people with disabilities, including especially students covered by the Americans with Disabilities Act, the Individuals with Disabilities Education Act, and the antidiscrimination provisions (Section 504) of the Rehabilitation Act. It also sets out the implications of the decision for special and general educators as they engage in Individualized Education Program planning with students and their parents.