Individuals with Disabilities Education

U.S. Department of Education (1998) Twentieth Annual Report to Congress on Implementation of the Individuals with Disabilities Education Act. Washington, DC U.S. Department of Education. 

The advancement of reforms in systems of child and adolescent mental health and education, such as the Child and Adolescent Service System Program (cassp Day Roberts, 1991 Hodges, Nesman, Hernandez, 1998) and revisions and improvements to the Individuals with Disabilities Education Act (Douglas, 1998 Tirozzi Uro, 1997). 

The exclusion of over a million children with behavioral problems from public schools led to the passage of the Individuals with Disabilities Education Act (idea) of 1975. For the first time, a free and appropriate public education was to be... 

Some centers have obtained support successfully from Medicaid through carve-out dollars under related health services for special education as defined by the Individuals with Disabilities Education Act (idea) (chhcs, 1998). In Vermont, for example, the schools provide administrative functions on behalf of Medicaid to ensure comprehensive and preventive health services to enrolled students. One problem with this arrangement has been some difficulty obtaining funds for program expansion (chhcs, 1998). 

This chapter focuses on children with extreme forms of psychopathology and very poor adaptive functioning. Many school and community mental health settings label this group of children as having serious emotional disturbance (sed) for purposes of funding and access to services, but there is variability in local or state criteria for sed. Common elements of sed definitions generally include the federal definition of the Individual with Disabilities Education Act (idea, 1997). As defined by Federal Law (cfr Parts 300 and 303) ... 

Confidentiality of student health records and information is a major concern for schools. There are several federal statutes that are relevant including Family Educational Rights and Privacy Act of 1974 (ferpa), Individuals with Disabilities Education Act (idea), as well as state laws concerning a minor s right to medical treatment. It is beyond the scope of this chapter to present a detailed discussion on confidentiality. However, the confidentiality of health records and a student s desire for privacy may limit the information on a student s health condition that can be shared with teachers. All schools should have policies and procedures regarding student confidentiality. These policies should distinguish health records from academic records and have clear guidelines for how confidential health information is shared within the school (American School Health Association (asha), 2000). 

In the most recent reauthorization of Public Law 94-142, the Individuals with Disabilities Education Act (idea), schools are mandated to provide children with chronic illness and other disabling conditions individualized educational and supportive services in the least restrictive educational setting. To qualify for special services under idea, a child must have a disability that is adversely affecting (his/her) educational performance. The disability category that usually applies to children with special health care needs is other health impaired. This classification is defined as having limited strength, vitality or alertness, due to chronic or acute health problems such as a heart condition, tuberculosis, rheumatic fever, nephritis, asthma, sickle cell anemia, hemophilia, epilepsy, lead poisoning, leukemia, or diabetes, which adversely affects a child s educational performance. ... 

Service plans (e.g., ieps, transition plans) that begin with a focus on strengths rather than with a focus on incompetence and failure, are more likely to be acceptable to children, families, and service providers as they provide a foundation of competence upon which to improve. In 1997, the reauthorization of the Individuals with Disabilities Education Act (idea) mandated the use of strength-based assessment in the development of the iep. Specifically, idea states that the iep team shall consider the strengths of the child and the concerns of the parents for enhancing the education of their child (34 cfr 300.346). 

Certain disabled children have the right to an education specially designed to meet their unique needs. The federal INDIVIDUALS with Disabilities in Education Act (IDEA) requires that any child who falls into certain specific categories of disabilities, which adversely affect educational performance, be offered specially designed instruction so that he or she will benefit from education. Related services, such as counseling or occupational therapy, need to be provided if they are necessary for the student to benefit from that specially designed instruction. 

People with disabilities want to have control over the process and be informed enough to make good decisions. This is quite different from the traditional medical or rehabilitation model, in which well-meaning professionals often tell the individual what is best for him or her. Within this new paradigm, the role is to inform, advise, and educate, not to decide. The professional provides information as to the technical options, prices, etc. and then assists the person who will use the technology to acquire it and learn how to use it. 

Payment for technology and the services required for its application is complex and changing rapidly as health care reform evolves. It is beyond the scope of this discussion to detail the very convoluted and individual process required to ensure that people with disabilities receive what they need. However, there are some basic concepts to be kept in mind. Professionals need to be competent. The documentation of need and the justification of selection must be comprehensive. Time for a person to do this must be allocated if there is to be success. Persistence, creativity, education of the payers, and documentation of need and outcomes are the key issues. 

Section 101(8) defines a qualified individual with a disability as any person who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. Consideration shall be given to the employer s judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential function of the job. The Equal Employment Opportunity Commission (EEOC) provides additional clarification of this definition an individual with a disability who satisfies the requisite skill, experience and educational requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position. ... 

Any person that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes shall offer such examinations or courses in a place and manner accessible to persons with disabilities or offer alternative accessible arrangements for such individuals. 

The Equal Employment Opportunity Commission (EEOC) provides additional clarification of this definition by stating, An individual with a disability who satisfies the requisite skill, experience and educational requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position. ... 

National Clearinghouse for Educational Facilities. (2008). An investigation of best practices for evacuating and sheltering individuals with special needs and disabilities. Accessed July 19, 2011. http //www.ncef.org/pubs/evacuating special needs.pdf. 

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