Placement of Students Ages 3-21 with Disabilities Under the Individuals with Disabilities Education Act (IDEA): A Policy Discussion, May 2010

The provision of free appropriate public education (FAPE), an Individualized Education Program (IEP), and the least restrictive environment (LRE) have been important cornerstones of educating students with disabilities since the enactment of the Education of All Handicapped Children Act (EAHCA), Public Law 94-142, in 1975, and its subsequent reauthorizations, the Individuals with Disabilities Education Act (IDEA) in 1990, 1997, and 2004. It is impossible to consider any one of these cornerstones without the others, when determining an appropriate educational placement for a student with a disability. The Iowa Department of Education has identified several practice issues regarding the interplay between FAPE, LRE, and the IEP in placement decisions for students with disabilities. To that end, this document will provide guidance for administrators of local education agencies (LEAs) and area education agencies (AEAs), as well as IEP teams (or other placement teams) within Iowa LEAs and AEAs when making placement decisions for eligible children with disabilities. This guidance will specifically discuss ten LRE and FAPE placement/program policy questions that have been identified by the Iowa Department of Education as needing attention. The policy discussions are consistent with the legal provisions of the 2004 reauthorization of IDEA (IDEA 2004) and its 2006 final federal implementing regulations issued by the U.S. Department of Education, Office of Special Education Programs (OSEP). This document is also consistent with the Iowa Administrative Rules of Special Education (2007) [hereinafter “Iowa Rules”]. In addition, the term local education agency (LEA) is used interchangeably for school district throughout this document. Prior to the discussion of specific policy questions, a federal and state legal framework for providing FAPE for students with disabilities within the LRE is briefly outlined. Pertinent FAPE and LRE court decisions that impact Iowa LEAs and AEAs are also included within Section II.

Improving Transition Outcomes-An Innovative State Alignment Grant for Improving Transition Outcome for Youth with Disabilities Through the Use of Intermediaries, 2004

Iowa Vocational Rehabilitation Services, a Division of the State of Iowa Department of Education, in partnership with six other state agencies, applied for and was awarded funding for “Improving Transition Outcomes for Youth with Disabilities Through the Use of intermediaries.” This Innovative State Alignment Grant is funded by the Department of Labor, Office of Disability Employment Policy. For clarity and brevity, the Iowa team chose to use “Improving Transition Outcomes” as the project name, thus providing the acronym ITO. Grant funding began October 1, 2003 with the possibility of renewal for five years.

Division of Persons with Disabilities Agency Performance Plan

Agency Performance Plan

Iowa Client Assistance Program Division of Persons with Disabilities Annual Report, 2002

Annual Report for Departmemnt of Human Rights

Iowa Commission of Persons with Disabilities Commission Members And Activities, July 1, 2001—June 30, 2002

Commission members and activities for Iowa Commission for Persons with Disabilities Commission.

Division of Persons with Disabilities Agency Performance Plan

Agency Performance Plan

Iowa Division of Persons with Disabilities Annual Report, 2003

Agency Annual Report

Iowa Division of Persons with Disabilities Annual Report, 2002

Agency Annual Report

Americans with Disabilities Act Accessibility Guidelines, 2001

Disabilities accessiblity guidelines for Americans produced by Department of Human Rights

Iowa Division of Persons with Disabilities Annual Report, 2004

Annual report from Iowa Division of Persons with Disabilities

Department of Human Rights Division of Persons with Disabilities Annual Performance Plan Report, September 2005

This report is published in accordance with the Accountable Government Act to improve decision-making and increase accountability to stakeholders and citizens. This report contains performance information regarding our primary programs including, the Youth Leadership Forum, the College Leadership Forum, the State Access Grant and the Client Assistance Program. Major accomplishments this year include continuation of our core programs, a key role in the Iowa Great Places initiative and providing Cultural Competency training to governmental and non-governmental agencies.

Iowa Division of Persons with Disabilities Annual Report, 2003

This report highlights the achievements of the Division of Persons with Disabilities, especially new and innovative directions to improve the employment opportunities for Iowans with disabilities.

Iowa Commission of Persons with Disabilities Commission Members And Activities, July 1, 2001—June 30, 2002

Annual report from the disabilities commission members and activities.

Division of Persons With Disabilities Annual Report, 2002

This report highlights the achievements of the Division of Persons with Disabilities, especially new and innovative directions to improve the employment opportunities for Iowans with disabilities.

The Americans with Disabilities Act Employer/Employee Rights & Responsibilities, May 2001

This publication was designed with the belief that the ADA addresses both employers and employees to achieve a viable workforce and productive society. The law was intended to reflect the balance between the employer and the employee with a disability. This booklet contains information on Title I of the ADA but should not be considered legal advice. Title I is directly related to the employment provisions of the law. Both employers and employees have responsibilities and rights under the ADA and this booklet addresses the balance of rights and responsibilities under the law. This law was designed to remove the barriers that prevent qualified persons from enjoying equal employment opportunities solely because of a disability. It demonstrates America recognizing the vitality and abilities of all people to contribute in our society, particularly in the area of employment. This is civil rights law. It prohibits discrimination against persons with disabilities and encourages the recognition of citizens with disabilities as full participants in American life. It recognizes that these members of the American work force are an excellent resource for employers.