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DEFINITION OF A "CHILD WITH A DISABILITY" IDEA defines "child with a disability" as: ::a child . . . with Mental Retardation , Hearing Impairments (including deafness), speech or language impairments, Visual Impairments (including blindness), serious emotional disturbance . . ., orthopedic impairments, Autism , Traumatic Brain Injury , other health impairments, or specific learning disabilities . . . who . . . of the condition needs special education and related services. See . INDIVIDUALIZED EDUCATION PROGRAM An Individualized Education Program (IEP) is created for any Pupil who is found to be eligible under the state's eligibility/disability standards. The IEP is created by a team of specialists (including, but not limited to, Special Education teachers, general education teacher, School Psychologist s, and parents) that collaborate to set goals for the individual child. LEAST RESTRICTIVE ENVIRONMENT Under IDEA, a child is entitled to a placement in his or her IEP to the Least Restrictive Environment (LRE). Simply put, the LRE is the environment most like that of other children in which the child can succeed. This refers not only to the physical location of a child's learning, but also to how the child will be taught. The preference is that the child be included in regular education activities as much as possible. Examples of placement in the LRE range from spending full time in regular education with supplementary aids and supports to small group instruction with a special education teacher to placement in a special facility for children with a particular diability. DISCIPLINE Pursuant to IDEA, discipline of a child with a disability must take that disability into account. For example, if a child with Aspergers is sensitive to loud noises, and if the child runs out of a room filled with loud noises, any discipline of that child for running out of the room must take into account the sensitivity and whether appropriate accommodations were in place. According to the United States Department Of Education , except for children with disabilities who have been suspended for not more than 10 days, within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the local education agency (LEA), the parent, and relevant members of the individualized education program (IEP) team (as determined by the parent and LEA) shall review all relevant information in the student's file, including the child's IEP, any teacher observations, and any relevant information provided by the parents to determine if the conduct in question was:
If the LEA, the parent, and relevant members of the IEP team make the determination that the conduct was a manifestation of the child’s disability, the IEP team shall:
LEGISLATIVE HISTORY IDEA first came into being on October 30, 1990 when the "Education of the Handicapped Act" was renamed "Individuals with Disabilities Education Act." (Pub. L. No. 101-476, 104 Stat. 1142). IDEA received minor amendments in October 1991 (Pub. L. No. 102-119, 105 Stat. 587). IDEA received significant amendments in 1997. The definition of disabled children expanded to include developmentally delayed children between three and nine years of age. It also required parents to attempt to resolve disputes with schools and Local Educational Agencies (LEAs) through Mediation , and provided a process for doing so. The amendments authorized additional grants for technology, disabled infants and toddlers, parent tranining, and professional development. (Pub. L. No. 105-17, 111 Stat. 37). On December 3, 2004, IDEA was amended by the Individuals With Disabilities Education Improvement Act of 2004, though the abbreviation remains "IDEA." Several provisions aligned IDEA with the No Child Left Behind Act of 2001. It authorized fifteen states to implement 3-year IEPs on a trial basis. More concrete provisions relating to discipline of special education students was also added. (Pub. L. No. 108-446, 118 Stat. 2647). EXTERNAL LINKS
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