03-07-05
What the "New" IDEA Means for OT
Leslie Jackson
Now that the Individuals with Disabilities Act (IDEA)1 has been reauthorized and signed into law, what does that mean for school-based and early intervention occupational therapy practice?
During this 3-year reauthorization process, a number of key issues were debated, including policymakers' lingering concerns about educational results for children with disabilities, too much paperwork, the role and responsibilities of parents, student discipline, too much emphasis on compliance and not enough prevention, quality personnel, and excessive litigation. The outcome, the Individuals with Disabilities Improvement Act of 2004, was signed into law December 3, 2004. Many of these issues flowed from interest in aligning IDEA with the No Child Left Behind (NCLB) Act and its emphasis on what children are actually learning.
The main message from Congress in IDEA is that passing the buck on responsibility for the achievement of students with disabilities is no longer acceptable. And decisions about children are to be based not on anecdote, but on facts, objective data, research, and sound pedagogy. Congress said in the new law that changes were necessary to help ensure equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.2
AOTA worked hard to assure that the law reaffirmed the importance of related services—which includes occupational therapy for students with disabilities—as provided by qualified personnel in accordance with state law. It also recognizes the need for quality professional development for related services personnel aimed at their unique related services objectives to help children succeed in school, at home, and in the community. In addition, the law recognizes the need for research into appropriate related services interventions and strategies. AOTA also successfully advocated for a cautious approach for planning teams when deciding needed early intervention, special education, and related services based on peer-reviewed research "to the extent practicable." This was a victory for AOTA as well.
The law also emphasizes improved early identification of and support for general education students who are struggling with learning and behavior. This is an important expansion of the law. As early as 1994, AOTA noted in its principles for reauthorization that assistive services, including related services, should be available to children even if they did not fully qualify for special education. This provision supports the full scope of occupational therapy practice, particularly in addressing children's psychosocial and behavioral needs.
For practitioners, the law promises to provide the tools they need to more broadly affect student outcomes as well as to work effectively with children, parents, teachers, and other members of the team to improve academic achievement (as well as functional performance), including the use of "scientifically based instructional practices, positive behavioral interventions and supports, and early intervening services." This will require practitioners to become more knowledgeable about how their services interface with state and local general education issues.
Occupational therapy education will be challenged to ensure that future practitioners are well prepared to help children with disabilities access and progress in the general education curriculum. In addition, university programs have an ongoing role to prepare occupational therapists at the graduate level to assume leadership roles such as administrators, researchers, and faculty. Occupational therapy researchers and scientists must take advantage of the opportunities to participate in U.S. Department of EducationÃfunded efforts to "identify scientifically based related services and interventions," as well as to engage in research that clearly articulates the relationship between the provision of occupational therapy services and improved student achievement and school success. See http://www.ed.gov/fund/landing.jhtml?src="/convimages/rt" for more information on funding opportunities.
In anticipation of these changes, which take effect July 1, 2005, in time for the new school year, AOTA members should actively participate in the development of the regulations to implement IDEA. These "rules" provide guidance on how to apply the law. Using talking points developed by AOTA, occupational therapy practitioners attended and provided comments at recent informal public meetings around the country (see AOTA's comments at the IDEA Information Center at www.aota.org/nonmembers/area21/index.asp). Final regulations are expected in December. Watch the AOTA Web site for more information.
References
1. Individuals with Disabilities Education Improvement Act, Pub. L. 108-446.
2. Silverstein, R. (2005). Using the emerging disability policy framework to understand the influence of IDEA. Unpublished paper by the Center for the Study and Advancement of Disability Policy, Washington, DC. Retrieved February 14, 2005, from www.disabilitypolicycenter.org
Leslie Jackson, MEd, OT, is a representative in AOTA's Federal Affairs Group.
Reference Information:
Jackson, L. (2005). What the "new" IDEA means for OT. OT Practice, 10(4), 7.
©Copyright 2005. The American Occupational Therapy Association. All rights reserved.
