Activity 4: Nondiscriminatory Evaluation

Activity 4: Nondiscriminatory Evaluation

Introduction

The Individuals With Disabilities Education Act (IDEA) (1990) is the legislation previously known as the Education for All Handicapped Children Act (EAHCA) (1975). Prior to this act, children with disabilities, particularly those with severe disabilities, did not receive a public education. Before IDEA, the main role of a school psychologist was to determine whether a child was eligible for public education or needed to be excluded from the public school because he or she was too difficult to teach. Special education teachers were generally for children with mild mental retardation. Few schools provided services for children with learning disabilities or emotional disturbance.

There is no fundamental right to an education under the U.S. Constitution (Jacob-Timm & Hartshorne, 1998). Education is a property right and states have the responsibility for public education. Following the passage of IDEA, children who had previously not been served were admitted to schools, and programs needed to be developed to meet their needs. Because each state was responsible for determining criteria for admission to programs, services varied depending on the geographic location and the funding criteria set by each state's state department of education (SEA). The federal government basically had oversight for the programs, but the management and direction was seen as a state responsibility.

Aspects of Idea

Major components of IDEA included concepts formulated in the early 1970s, and they continue to be amended and refined. Child Find, which is part of IDEA, requires schools to proactively identify and evaluate children that are not succeeding in school, potentially because of a disability. IDEA also includes a specific funding formula, which allocates funds to states based on the relative population of children who are of criterion age (3 to 21 years) with additional funding based on the relative population of children who are of criterion age and living in poverty.

There are six major principles of IDEA: zero reject, nondiscriminatory evaluation, free and appropriate public education, the least restrictive environment, procedural due process, and parent-student participation. Zero reject is a mandate to educate every child, regardless of the severity of the disability. This principle of IDEA includes providing for basic skills such as feeding and toileting (Prasse, 1995). Nondiscriminatory evaluation requires unbiased assessments to be conducted to determine if a child needs special education services and to inform placement choice. This mandate attempts to avoid the overidentification of cultural and linguistic minorities to special education. Nondiscriminatory evaluation is a continued concern as many school districts find an overabundance of minority children enrolled in special education. IDEA provides funding to support parent-school involvement and initiate early intervention services to disabled infants, toddlers, and preschoolers and their families. It also mandates compensatory education for young adults up to 21 years of age as well as vocational and transition services (assisting special education students in living and working after formal schooling ends). Procedural due process ensures school adherence to the principles of IDEA, and provides families and schools with legal safeguards for redress of ...