For students with Down syndrome to get the best public education possible, it is crucial that administrators, educators and parents have a solid understanding of special education legislation and its underpinnings, both on the federal and state level.
To get started, see our an overview of federal laws are below. States are entitled to provide rights in addition to those accorded under federal law. The amendments to Massachusetts’ special education law in 2000 brought Massachusetts generally in alignment with the federal standards seen here.
Individuals with Disabilities Education Act (IDEA)
On the federal level, the Individuals with Disabilities Education Act (IDEA) is the statutory cornerstone for protecting the educational rights of children with disabilities. IDEA guarantees every child with a disability the right to receive a “free and appropriate education” (FAPE) and to be educated in the “least restrictive environment” (LRE). The special education and related services provided for each student must be defined by his/her unique needs and supported by an Individualized Education Program (IEP).
- Free and Appropriate Education (FAPE) obligates a school district to accord each student “meaningful access” to a public education. This education must allow all students to make meaningful and “effective progress” commensurate with their educational potential.
- Least Restrictive Environment (LRE) is the principle underpinning the rights of children to be educated alongside their non-disabled peers. LRE means that a child with a disability must be educated to the extent possible in the most integrated and least marginalized setting.
- Individual Education Program (IEP) is known as the “road map” for a public school education. Required for every public school student receiving special education services, it must be truly individualized to each child’s needs. By law, an IEP’s specially designed instruction and related services must be sufficient “to enable the student to progress effectively in the content areas of the general curriculum.” See next accordion for more information on the IEP.
“Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.”
~ Individuals with Disabilities Education Act 2004 (IDEA) Sec 1400 (c) (1)
Section 504 of the Rehabilitation Act (“Section 504”)
The legal rights to a meaningful education for children with disabilities does not come from any single source. In addition to IDEA, another place to look is Section 504 of the Rehabilitation Act (“Section 504”), a provision of federal law that protects qualified individuals from discrimination based on their disability. Section 504 requires that school districts provide children with disabilities with services and assistance equal to that available to non-disabled students.
No Child Left Behind Act (NCLB) & Elementary and Secondary Education Act (ESEA)
Passed in 2001, the No Child Left Behind Act (NCLB) supplemented the landmark Elementary and Secondary Education Act (ESEA), originally passed in 1965. In its provisions for children with disabilities, NCLB/ESEA aligns closely with IDEA, bolstering the mandate that there be equity, accountability and excellence in education for children with disabilities. NCLB sets expectations for all students, regardless of their race, ethnicity, family background, or disability. ESEA is in the process of reauthorization.
Reauthorization of ESEA
With ESEA in the process of reauthorization, the National Down Syndrome Society (NDSS) and the National Down Syndrome Congress (NDSC) have submitted recommendations that would ensure that students with disabilities are given full access to the general curriculum and that teachers are held accountable (PDF). For students with disabilities to receive the education they deserve, ESEA, IDEA and Section 504 must all work together.
As the “road map” for a public school education, an Individualized Education Program (IEP) is a key component for a successful educational experience for a child with Down syndrome. Without a thoughtful and well-managed IEP, children with Down syndrome may not be able to actively and meaningfully participate in the general education curriculum.
The MDSC can help you navigate this road map with the information and resources below.
Who needs an IEP?
As mandated by the federal Individuals with Disabilities Education Act (IDEA), an IEP is required for every public school student receiving special education services, and it must be truly individualized to each child’s needs.
Who writes it?
By law, the creation and oversight of an IEP must be collaborative with a “team” not only developing each IEP but periodically reviewing it as well. Crafting an IEP is an opportunity for parents, special education teachers, service providers, other teachers and supports, and students (when appropriate) to sit together and work toward a common goal; improving the educational experience and outcomes of a child with disabilities.
What does it do?
The IEP functions as a legal contract between a school district and parents. Each IEP specifies the appropriate placement, accommodations, goals and services for the student being served. In addition, each IEP must explicitly state the following:
- Student’s current level of education
- “Vision” that sets his/her broad educational objectives
- Detailed description of special education services and other services provided by school
- Measurable goals in academic and other areas, such as social and emotional
- Statement relating to student’s participation in statewide assessments such as MCAS
- Service delivery grid detailing services the student will receive and in what settings
- Transportation plan/agreement
- Transition services plan/agreement (starting at age 14)
- Plan for extended day or year services when necessary
- Placement decision
Although significant strides have been made in the past few decades in areas of health, education, and public perception of people with Down syndrome, many misperceptions still exist. For some, this has a direct impact upon the educational programming that some school districts propose for students, based upon their diagnosis, rather than their individual profile of specific strengths and weaknesses. Even though people with Down syndrome are as multifaceted as everyone else, these stereotypes or preconceived notions can limit opportunities for people with Down syndrome to live up to their full potential.
New advances in Down syndrome research have uncovered a great deal about how individuals with Down syndrome process information and learn. We know that students with Down syndrome have cognitive strengths that can support them in a general education classroom setting. Few people are aware that most children with Down syndrome are strong visual learners, and, with targeted instruction, have the capacity to learn to read whole words as young as 3 years old. This early acquisition of printed text supports language and vocabulary development, which is an area of vulnerability for students with this cognitive profile.
Extensive research has shown that students with Down syndrome are globally more successful as adults when they are included in an educational setting with their typical peers as children, as opposed to those who were educated in a setting with students with similar academic, functional, linguistic and behavioral challenges. In addition, there are numerous documented social and academic benefits for children without disabilities who are taught in classrooms designed to meet the needs of diverse learners.
As a state-wide advocacy organization, we are working towards supporting communities to develop a greater understanding about the potential of individuals with Down syndrome and other cognitive disabilities. A wonderful place to start this education is within the schools. It is important to develop classroom communities where we view every child as a valuable, contributing member. In addition to supporting all students, we are also fostering a community of future leaders who will view individuals with disabilities as positive, contributing members of society.
For more information on the benefits of educational inclusion, visit our Center on Inclusive Education.
Parents are an important part of your child’s educational team for many reasons:
