Recommendations for the Reauthorization of the Individuals with Disabilities Education Act (IDEA)

June 2003

The American Psychological Association (APA) offers the following recommendations for the reauthorization of the Individuals with Disabilities Education Act (IDEA) based on longstanding involvement and expertise in the provision of cognitive assessment and related psychological services to children with disabilities in special education programs:

I. Identification of Children with Learning Disabilities.

A comprehensive assessment of a child's cognitive skills and abilities (i.e., learning strengths, weaknesses, and style) can be vital to the development of cost effective, evidence based instructional design. By focusing on individual differences in learning abilities, instruction is more likely to result in enhanced learning outcomes for children. Cognitive ability testing can determine whether a child's poor academic performance might be due to specific cognitive deficits that relate to learning difficulties in specific academic areas. The information provided by an assessment of intellectual and other cognitive functioning can be extremely useful in the development of individualized educational plans (IEPs) for children with learning and other disabilities. This information is essential in the design of remedial programs.

• Recommendation: Services should be improved through the provision of a comprehensive psychological evaluation comprised of appropriate and relevant instruments, including tests of cognitive ability. Comprehensive cognitive assessment can provide useful information in determining whether a child requires special education services; what types of educational interventions are most needed and/or most likely to succeed; and other vital information about a child's cognitive functioning.

Current legislative proposals to reauthorize IDEA do not require states to take into account the discrepancy between achievement and intellectual ability in determining whether a child has a specific learning disability. Whether or not this criterion is retained (pending the development of a more valid and reliable alternative assessment), it is critical to conduct a comprehensive evaluation of a child's cognitive strengths and deficits to ensure appropriate educational placement and promote academic performance.

II. Children with Limited English Proficiency.

Limited English proficiency is clearly not, in and of itself, a reason to place a low-performing child in special education. It is critical to determine the cause of the child's poor school achievement. When a learning disability is suspected, a cognitive assessment in the child's native language must be conducted in a culturally appropriate manner to determine whether a learning disability indeed exists.

• Recommendation: Limited English proficient children must be evaluated in their native language for eligibility for special education or early intervention services when a learning disability is suspected.

III. Qualifications and Training for Related Services Personnel.

The shortage of highly qualified special education and related services personnel, including mental health professionals, has hindered the full implementation of IDEA and the achievement outcomes for children with disabilities. In the absence of such personnel, some states have resorted to hiring paraprofessionals to perform services for which they are not qualified by state law. In order to promote the school performance and behavior of children, it is necessary to require the hiring of "highly qualified" mental health professionals. Moreover, since related services personnel are explicitly part of a child's IEP team, they should be eligible for professional training resources.

Recommendations:

• The current IDEA Personnel Standards provisions in P.L. 105-17, Part B, Section 612(ii)(14) and Part C, Section 635 (B) should be incorporated into the reauthorization legislation to require that states take steps to ensure retraining or hiring of personnel to meet the highest personnel standards in the state applicable to a specific profession or discipline.



• Related services personnel should be eligible for all relevant professional development activities carried out under this Act.

IV. Definition of Teaching Skills.

In recent years, policymakers have called for increased rigor and an emphasis on the scientific basis for the practice of teaching. Psychological science can guide the development of evidence based "teaching skills" for special education teachers. APA recommends including a definition for the term "teaching skills" in the IDEA reauthorization legislation. A slightly modified version of this definition of "teaching skills" is included in H.R. 2211, the "Ready to Teach Act," which was passed by the House Education and the Workforce Committee on June 10th.

• Recommendation: Teaching skills refer to skills grounded in the science of teaching and learning that special education and regular education teachers use to create effective instruction in subject matter content and that lead to student achievement and the ability to apply knowledge. These teaching skills require an understanding of the learning process itself and include, but are not limited to:
  • the use of strategies specific to the subject matter;
  
  
  
  • ongoing assessment of student learning;
  
  
  
  • identification of individual differences in ability and instructional needs; and
  
  
  
  • classroom management.

V. Placement in Alternative Educational Setting.

All children should be treated fairly when they violate a school discipline code and continue to receive a secondary education. It is well documented that children who fail to complete secondary school (particularly those with emotional disturbance) face many more difficulties in adulthood. Research indicates that there are many interventions that can be successfully implemented with children with behavioral problems that would allow them to remain in school without jeopardizing their safety or that of their classmates. Research also indicates that it is most effective to intervene early. This approach is in keeping with the recent move to focus on early intervention and prevention in educational services for all children who experience school difficulties.

• Recommendation: When a child with a disability, particularly one with emotional disturbance, knowingly violates a school discipline code, that child should receive appropriate early intervention services before the behavior escalates to become a danger to the child or anyone else. Such interventions might include functional behavioral assessment, positive behavioral supports, a behavioral intervention plan, or a review by the IEP team. In more extreme cases of misconduct, a manifestation determination hearing should be held before making any decision about a change of placement. No child should be removed from an educational setting without being offered an appropriate alternative placement.

VI. Research, Demonstration Projects, and Information Dissemination

Although there are many areas where research is needed to improve outcomes for children served under IDEA, three merit special consideration. They address early intervention for children with emotional or behavioral problems, evaluation of alternative assessment strategies, and improving screening and referral services, with particular attention to racial and ethnic minority and limited English proficient children:

Recommendations:

• Developing and implementing effective prevention and early intervention strategies so that children are less likely to develop emotional and behavioral disorders. Such strategies must measure the impact of the intervention on relevant factors, such as attendance, dropout rates, disciplinary problems, and academic achievement.



• Evaluating alternative assessment models for identifying children with learning disabilities or children who are at risk for developing learning disabilities. Such models should yield information that facilitates early intervention services for children.



• Improving personnel preparation through training of school personnel in screening and referral for emotional and behavioral problems, including efforts to reduce disproportionality in special education placement and disciplinary actions for racial and ethnic minorities and limited English proficient children.

For further information, please contact Jeff McIntyre or Ellen Garrison, Ph.D., in APA's Public Policy Office, at (202) 336-6062.

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