Nancy Davenport's Column:
For Richardson News 04-04-99
Copyright Nancy Lambert Davenport 1999

1. Individual Education Plans (IEPs) and General Curriculum This section amplifies the importance of using the IEP more aggressively to affect the student's progress in the general curriculum and in extra curricular activities with non-disabled peers.
2. General State and District-wide assessments As a condition for funding, states much include students with disabilities in assessment programs or provide alternative testing for students who cannot participate in general assessment programs. Also districts must provide reports of these results as often and as well as they do for regular education students.
3. Regular Education Teacher involvement This portion of the law requires that at least one regular education teacher be part of the IEP team for that student. Each of the student's regular education teachers must be informed specifically of his or her responsibility in educating the student.
4. Graduation with a Regular Diploma. Students who graduate with a regular diploma can no longer receive any form of free public education. Until now students with disabilities could continue their education until age 22 even though they had graduated.
5. Discipline The new regulations authorize a school to remove a student to an alternative setting for up to 45 days for possession of drugs or weapons. It also added a new ability of schools to request a hearing officer to remove a student for up to 45 days if keeping the student in his or her current placement could result in injury to the student or others. The regulation included that behavior assessments be done. The IEP team has autonomy over placement when a student's inappropriate behavior is not caused by the student's disability.
6. Attention Deficit Disorder and Attention Deficit Hyperactivity Disorder These disabilities were added to the list of specific disabilities which are covered under IDEA.
7. Developmental Delay This allows states to use this category for children ages 3 through 9 rather than only ages 3 through 5. If the schools choose to use this category for eligibility, they must conform to the definition given in the regulations.
8. Definition of "Day" and "School Day" Day means calendar day. School day means any day that students are in school for instruction.
9. Charter Schools Students with disabilities who attend charter schools have the same rights under IDEA as they do at non-charter schools
10. Parentally-placed Children with Disabilities in Private Schools Prior to 1997, the law said little about students with disabilities placed in private schools by their parents. These children were served based on the decision of that placement by the parents.

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