June 1997
NASW WINS VICTORY FOR CHILDREN! A GOOD IDEA PASSES!
On June 4, 1997, President Clinton signed the Individuals with Disabilities Education Act Amendments of 1997 (IDEA), P.L. 105-17. This legislation guarantees a free and appropriate public education for more than 5 million children with disabilities and prohibits states from eliminating educational services to students with disabilities under any circumstances. NASW played a significant role in this legislative victory for children and social workers!
WHAT IS IDEA?
The Individuals with Disabilities Education Act (IDEA) is the primary federal law aimed at improving early intervention and special education for infants, toddlers, children, and youths with disabilities. IDEA consists of three formula grant programs—school-aged children, preschool children, and infants and toddlers—that assist states in serving disabled children in different age ranges and discretionary grant programs that support early intervention and special education research, demonstrations, technical assistance, and personnel training. These programs help states provide a free, appropriate, public education to children who manifest one or more of the 13 physical, emotional, or mental impairments listed in IDEA. Children with disabilities are entitled to this free, appropriate public education in the least restrictive setting, including special education and related services pursuant to their individualized education program (IEP). In fiscal years 1993–1994, approximately 5 million children with disabilities and 477,000 preschoolers with disabilities received services. The infants and toddlers program assists participating states in the establishment and operation of comprehensive statewide systems of early intervention services for infants and toddlers with disabilities who are under three years old and supports and services for their families. In 1993, 154,000 infants and toddlers with disabilities received services.
NASW’S ROLE IN THE HISTORIC LEGISLATIVE PROCESS
For 22 years IDEA has played a major role in transforming American education. For the past two years, NASW, along with other advocates and representatives from the disability community, vigorously lobbied for IDEA reauthorization, yet the 1996 bill contained language that would have allowed states and school districts to discontinue educational services for students with severe disciplinary problems, a provision objectionable to NASW. Due to vigilant advocacy from NASW and others during the 104th Congress, the revised IDEA was not reauthorized.
During the 105th Congress, NASW actively engaged in an unprecedented process to enact this historic piece of legislation, along with other advocacy groups, the disability community, bicameral and bipartisan congressional leaders, and officials representing the Clinton Administration. These groups engaged in intense negotiations to develop a proposal that would secure the opportunity for all American children to acquire the high- quality education they need and deserve. During these negotiations, NASW was steadfast in its opposition to any provision that would abrogate the civil rights of children or would affect the integrity of special education services delivered by qualified and competent personnel. NASW also worked to ensure that all children with disabilities have access to free, appropriate public education that provides special education and related services to address their unique needs. On May 13 and 14, 1997, the House of Representatives and the Senate voted to reauthorize the Individuals with Disabilities Education Act. The reauthorized legislation reflects a continuing commitment to educate all disabled children, and provides schools with moderately more flexibility to discipline students who manifest disruptive and violent behavior.
IMPLICATIONS FOR CHILDREN
The reauthorization of the Individuals with Disabilities Education Act Amendments of 1997 is profoundly significant for children with disabilities. This legislation:
CRITICAL ROLES FOR SOCIAL WORKERS IN IDEA IMPLEMENTATION
For decades social workers have advocated for educational reform to serve their clients effectively. Social workers have the skills and training that are indispensable in special education service delivery. They understand the role of adequate education in preparing young people to become responsible and, productive adults. Education is critical to preparation for meaningful employment and civic responsibility.
Social workers in general and school social workers in particular have an enormous opportunity to have an impact on the implementation phase of IDEA. The implementation of IDEA poses both challenges and opportunities for school social workers. School social workers should remain mindful of the prospective effect of the new legislative provisions on their daily practice and exercise opportunities to positively influence these effects. Social workers can be instrumental in meeting the challenges of educating children with disabilities by
Monitoring The Expansion Of The Discipline Provisions
The reauthorized legislation expands the authority of school personnel to discipline students for behavior not related to their disability in the same manner as they discipline children without disabilities. In particular, the bill codifies current law by allowing school personnel to order a change in placement to an appropriate interim alternative educational setting or, another setting or suspension for not more than 10 school days. The bill also allows school personnel to order a change in the placement of a child with a disability to an appropriate interim alternative educational setting for the same amount of time that a child without a disability would be subject to discipline, but not more than 45 days, if the child carries a weapon to school, the child knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance while at school. This is an expansion of the 45-day removal provision that was restricted to guns in existing law. School social workers must scrutinize definitions of controlled substance, illegal drug, and weapon. Such definitions must allow for objective determinations. Otherwise, inappropriate and unwarranted removals may occur for children who can least afford them.
Monitoring The Impact Of Changes In The Formula Funding
The funding formula for state grants has been altered under the reauthorized IDEA. Current law is based on a child-count formula; that is, every child that is identified as eligible for special education services is counted in the federal allotment to the state. The reauthorized IDEA retains this child-count allotment formula until federal appropriations reach approximately $4.9 billion. (Federal special education funding for fiscal year 1997 totaled $4 billion.) At that time, a new formula based on the state’s census data for children ages three through twenty-one (85 percent) and the State’s poverty rate (15 percent) is applied to new monies in excess of the appropriation for the prior fiscal year. Once federal appropriations exceed $4.9 billion, school social workers will need to monitor the impact of this change in the funding formula. The new funding formula may deleteriously affect the provision of services for children who would have been deemed eligible under the child-count formula but are denied special education and support services under the new funding formula once states have expended their grant monies.
Maximizing New Opportunities For Participation In the IEP Process
The reauthorized IDEA expands the membership of the individual education program (IEP) team. Existing law requires only three participants on the IEP team: a parent, a special educator, and an administrator. The reauthorized IDEA increases the IEP team membership by adding the regular classroom teacher. The new legislation states that "related services personnel as appropriate" shall be part of the IEP team "at the discretion of the parent or agency." Present law has no statement about related services participation on the IEP team. The desired involvement of related services personnel is restated in another section of the bill: "Related services personnel should be include on the team when a particular related service will be discussed, at the request of the child’s parents or school." This identification of related services providers in additional provisions of the legislation provides increased opportunities for the inclusion of school social work services. Given the legislation’s emphasis on a "full and individual" comprehensive evaluation to determine the child’s eligibility, the development of positive behavioral interventions, strategies, and supports to address behaviors that impede learning and the establishment of measurable performance goals, new opportunities for school social workers are in abundance.
Setting High Expectations And Ensuring Inclusion
High expectations and performance goals should be established for children with disabilities, while developing indicators that can be used in analyzing their progress compatible with their cognitive skills and abilities. Social worker involvement in the individualized education program (IEP) ensures that children with disabilities are able to participate in the educational process by having assessments and curricula tailored to their individual needs. Providing for the participation of children in assessments and reporting of the results is critical for ensuring that states and districts uphold their responsibilities for the academic progress of students with disabilities.
Assessing And Providing Services
Under IDEA, each child’s needs must be addressed in the least restrictive environment. Social workers can provide unique perspectives for achieving the successful inclusion of children with disabilities in mainstream classrooms, while advancing communication and collaboration between mainstream teachers, special education personnel, parents, and other service providers. Social workers can also improve the evaluation process to ensure that evaluations produce instructionally germane information that can be used to inform decision making on how to meet a child’s needs.
Creating Partnerships
Partnerships between parents, educators, and other related service providers are central to children’s educational success. Most parents know what their children need to become effective learners, and educators know the resources that are available to meet those needs. The reauthorized IDEA requires more parental involvement in the processes of evaluation, IEP development, and placement decisions. In addition, the legislation expands parents’ access to records by clarifying that they can review "all" records rather than "all relevant records" as stated in the previous law. School social workers have long recognized that parental involvement improves a child’s chance of succeeding in school, and they support that recognition through the provision of specialized services in parent education and training and home–school collaboration. Given that the reauthorized IDEA mandates the increased participation of parents in the continuum of special education services, the law elevates the importance of school social work activities that promote and sustain such parental involvement. Social workers can play a pivotal role in establishing and maintaining partnerships between parents and educators, and they can provide critical information that ensures that children are able to fulfill their educational potential.
Creating Safer Schools
Social workers can help to ensure that schools are safe, disciplined, and substance free without undermining the integrity of the established rights of children with disabilities. Social workers can provide a focus on prevention and educate school personnel on methods that prevent violent and disruptive behavior, through identification of learning problems, creation of behavioral management plans, and conflict resolution. School social work services, such as personal and group counseling and appropriate remediation interventions, reduce discipline problems and increase graduation rates among students with disabilities. It is imperative that school social workers ensure that they are skilled in these areas, as well as in the development and provision of behavioral interventions. They also need to publicize their abilities in this arena so they can be identified as a valued resource.
Advocating For Personnel Training And Supervision
The reauthorized IDEA expands the requirements of current law by adding two additional provisions to the three existing personnel requirements. The first of these provisions requires that paraprofessionals be adequately trained and supervised in accordance with state law. The second allows districts in areas with shortages of qualified personnel to hire people who are making progress toward meeting their state’s standards within three years. It is the latter of these two provisions that require the attention of school social workers.
Shortages in qualified related services personnel are, according to the U.S. Department of Education, quite small. These shortages are much lower than in other professional educator areas such as high school science teaching. The greatest shortage in special education personnel is in the category of teacher aides, which requires no "exception to highest standards" remedy. Unnecessary exceptions to highest qualified personnel standards in IDEA may erode professional services to children in both urban and rural areas having the greatest impact on children in poverty who have disabilities.
Thus, it is imperative that states be required to demonstrate a shortfall before hiring individuals who "are making progress toward meeting the state’s standards." The method by which such a shortfall is demonstrated must be reliable and valid. For states that do hire individuals who do not meet the state standard, supervision should be performed by professionally trained individuals within the discipline for which there is a shortfall. In other words, individuals who do not meet the state’s standards must be supervised, at a minimum, by individuals who do meet the standard. Optimally, however, the state standard should by exceeded by supervisors of these personnel.
IDEA discretionary grants help fund programs aimed at ensuring an adequate supply of teachers and other staff who have the appropriate training or certification to improve results for children with disabilities and their families. Presently, IDEA personnel-preparation funds are supporting training programs at 250 colleges and universities, with at least one in every state. Schools of social work should continue to train potential members of the profession to effectively perform the critical role of preparing children with disabilities for productive lives in society. As children of color are disproportionately represented among children with disabilities, it is particularly important that social workers of color are recruited to assume leadership and support roles in assisting these children to realize their potential.
Additional IDEA Resources
For more information, contact NASW Professional Development & Advocacy Staff:
Caren Kaplan 202-336-8259 or e-mail to kcaplan@naswdc.org
Lawrence Moore 202-336-8289 or e-mail to lmoore@naswdc.org
For a copy of Public Law 105-17, please contact:
House Document Room 202-226-5200 or
U.S. Government Printing Office 202-512-0132
Articles and Books
Blair, K. (1993). The regular education initiative and school social workers. Social Work in Education, 15, 233-239.
Dane, E. (1990). Painful passages: Working with children with learning disabilities. Washington, DC: NASW Press.
Joaning, H., Demmitt, A., Brotherson, M., & Whiddon, D. (1994). The individualized family service plan: A growth area for family therapy. Journal of Family Psychotherapy, 5, 69–80.
Liachowitz, C. (1988). Disability as a social construct: Legislative roots. Philadelphia: University of Pennsylvania Press.
National Association of Social Workers. (1997). People with disabilities. IN Social work speaks: NASW policy statements, (4th ed.). Washington, DC: NASW Press.
National Association of Social Workers. (1992). NASW standards for school social work. Washington, DC: NASW Press.
Saunders, E. J. (1995). Services for infants and toddlers with disabilities. Health & Social Work, 20, 39-45.
Websites
U.S. Department of Education—http://www.ed.gov
The Arc-National Organization on Mental Retardation—http://www.thearc.org