Paraeducators and teachers who work in special education programs are often confronted with questions regarding the types of programs, special procedures and the expenses involved in meeting the needs of students with disabilities. This lesson provides information on two legal and philosophical principles which are basic to special services and programs. Special education rules and procedures have been developed to help insure that programs are fair and appropriate. One of the first important principles is that educational programs are for all children. Secondly, students with disabilities must have the same opportunities to participate in educational programs as children who are not labeled as disabled. Familiarity with these two principles helps paraeducators be more effective advocates for students with disabilities.

Free Appropriate Public Education

Free appropriate public education means that special education and related services must:

• be provided at public expense, under public supervision and direction, and without charge;
• meet the standards of the State educational agency;
• include preschool, elementary and secondary school education; and
• be provided in conformity with an Individualized Education Program or Individual Family Service Plans.

Free appropriate public education means that states and local schools are required to provide educational and related services to students with disabilities without charging the students or their parents. Schools cannot refuse to provide an education because of the increased costs involved in educating a student with a disability. It further means that this education must meet state standards and be based on the individual needs of the student.

Expansion of Free Special Education

There has also been legislation passed that provided education for infants, toddlers and preschool children with disabilities. In 1986, Part B of the federal law was amended to extend the availability for free special education services to three and four year olds. Under the amended law, PL-99-457, all states are required to provide services for children 3 to 21 who are deemed eligible.

In addition, the amendments added a new section, Part H, which describes the availability of federal dollars to states wishing to extend services for children with disabiites who were birth to age 21. Part H specified that if a state wished to extend their services and receive federal dollars, specific guidelines needed to be followed.

In 1993, Nebraska passed the Early Intervention Act which assures free and appropriate services to families who have children with disabilities under the age of three. In Nebraska, these services are contracted with the Department of Education.

Least Restrictive Environment

Not only is it important that all students have an access to an education, it is also important that students with disabilities have the same opportunities available to other students. This means access to both educational programs and extracurricular activities. Schools cannot automatically exclude a child from any school program solely because the child is receiving special education services. Based on the same principles that said separate programs were inherently unequal for racial minorities, the courts have said separate programs for students with disabilities may provide reduced opportunities and may cause extra hardships on families. Regular education programs should serve special education students if possible and the school should provide access to the same programs provided to other students. School represents many academic and social learning opportunities beyond traditional classroom instruction. Students who are removed from the school environment are deprived of these opportunities. The concept of "least restrictive environment" implements these ideas regarding integration of students with disabilities in school programs.

The Individuals with Disabilities Education Act (IDEA) includes the following definition of least restrictive environment:

Each public agency shall insure: (1) That to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and

(2) That special classes, separate schooling or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes, with the use of supplementary aids and services cannot be achieved satisfactorily.

The concept of least restrictive environment includes the following components.

• Schools must place students with disabilities with nondisabled students to the maximum extent possible. Extra support should be provided when necessary, to maintain students in the regular school environment.
• Alternative placement is made only when it is shown that the regular program is not satisfactory.
• The decision on placement is based on individual assessment and the student's individual educational program.
• The decision is made and documented by a multidisciplinary team.
• A continuum of alternative placements are provided.
• Placement is determined at least annually.
• Placement is as close as possible to the child's home. Unless the IEP requires otherwise, the student attends the school they would attend if not disabled.
• Nonacademic and extracurricular service should be provided to afford equal opportunity for participation with non-disabled students.

Who is Eligible for Free Special Education Services?

In 1986, Part B of the federal law was amended too extend the availability for free special education services to three and four year olds. Under the amended law, PL-99-457, all states are required to provide services for children ages 3 to 21 who are deemed eligible.

In addition, the amendments added a new section, Part H, which describes the availability of federal dollars to states wishing to extend services for children with disabilities who were birth to age 21. Part H specifies that if a state wished to extend their services and receive federal dollars, specific guidelines needed to be followed.

In 1993, Nebraska passed the Early Intervention Act which assures free and apprpriate services to families who have children with disabilities under the age of three. In Nebraska, these services are contracted with the Department of Education.

Expulsion of Students with Disabilities

As an alternative to expulsion, the IEP team may determine that the current placement is inappropriate. If the current placement is inappropriate the IEP team may propose an alternative placement. The placement process must follow all requirements, including parental consent before it occurs.

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