Lesson Four Reading

Access to and Opportunity to Learn General Education Curriculum

As mandated by IDEA, as amended in 2004, students with special education needs have a right to access the general education curriculum. The individualized education program (IEP) team determines the curriculum standard(s) most appropriate for the student with special education needs. Knowledge of selected standards will be helpful to the IEP team in guiding decisions.

While school districts are mandated to provide maximum access to the general education curriculum and standards, a student with special needs may meet those standards at an individualized rate. Students may demonstrate mastery and understanding with alternative assessments as determined by the IEP team.

What is Special Education?

Special education is defined as instruction that is specially designed to meet the unique needs of a child with a disabilitiy—at not cost to parents. Specially designed instruction means adapting the content, methodology, or delivery of instruction:

To meet the unique needs of the student with a disability

To ensure access to the general education curriculum so a student can meet educational standards that apply to all children within the jurisdiction of the public agency

Special education can include physical education that includes special physical education, adapted physical education, movement education, and motor development. Speech-language pathology, audiology services, and other related services may be provided as part of a special education program for a student, as it is required to assist an individual with exceptional needs to benefit from special education. Travel training and vocational education is also considered part of special education if the standards in Section 300.26 of Title 34 of the Code of Federal Regulations are met.

—from Title 34 Code of Federal Regulations (CFR)
Section 300.26 [34 CFR § 300.26]

Where is Special Education Instruction Provided?

Special education instruction can be provided in a number of settings: in the classroom, in the home, in hospitals and institutions, and in other settings.

—from 34 CFR § 300.26

Public agencies must ensure that a continuum of alternative placements is available to meet the needs of children with disabilities [34 CFR § 300.551(a)]. This continuum must include the placements mentioned above and must make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with placement in a general education classroom. Unless a student's IEP requires some other arrangement, the student must be educated in the school the student would attend if the student did not have a disability [34 CFR § 300.552(c)].

Special education instruction must be provided to students with disabilities in the least restrictive environment (LRE). The IDEA, as amended in 2004, has provisions that ensure children with disabilities are educated with their peers without disabilities, to the maximum extent appropriate.

The LRE requirements apply to students in public or private institutions or other care facilities [34 CFR § 300.550(b)(1)]. Each state ensures that special classes, separate schooling, or other removal of children with disabilities from the general education environment occurs only if the nature or severity of the disability is such that education in general education classes with the use of supplementary aids and services cannot be achieved satisfactorily [34 CFR § 300.550(b)(2)].

Involvement and Progress of Each Child with a Disability in the General Education Curriculum

In enacting the IDEA amendments of 2004, Congress found that research, demonstration, and practice in special education and related services over the past 30 years revealed that the education of children with disabilities can be made more effective by an educational system that maintains high academic standards and clear performance goals for children with disabilities. The goals and standards for children with disabilities are consistent with the standards and expectations for all students in the educational system. They also provide appropriate and effective strategies and methods to ensure that children with disabilities have maximum opportunities to achieve those standards and goals. [20 USC § 1400(c)(3)-(5)]

Accordingly, the evaluation and IEP provisions of Part B of IDEA, as amended in 2004, place emphasis on involvement and progress of children with disabilities in the general education curriculum. (The term "general education curriculum," as used in these regulations refers to the curriculum that is the same curriculum taught to children without disabilities) [34 CFR § 300.347(a)(1)(i)]. While IDEA, as amended in 2004, and its regulations recognize that IEP teams must make individualized decisions about the special education, related services, and supplementary aids and services provided to each student with a disability, they are driven by the strong preference that, to the maximum extent appropriate, children with disabilities are educated with appropriate supplementary aids and services in general education classes with peers without disabilities.

In order to successfully progress in the general education curriculum, children with disabilities need appropriate supports to participate in state and district assessment programs, to achieve measurable IEP goals, and to be educated with peers without disabilities. Accordingly, the law requires IEP teams to determine, and public agencies to provide, accommodations, supports, and supplementary aids and services needed by each student with a disability to successfully:

Be involved in and progress in the general education curriculum

Achieve the goals of the IEP

Demonstrate his or her competencies in state, district, and local assessments.