Federal Programs: Special Education

The Individuals with Disabilities Education Act of 1997 (IDEA), newly reauthorized as the Individuals with Disabilities Education and Improvement Act (IDEIA) in November 2004, is the landmark statute that provides for the education of America’s 6.5 million students with disabilities. Originally passed by Congress in 1975, the IDEA guarantees a free appropriate public education in the least restrictive environment to students with disabilities. Specifically the act requires school districts to:

• Identify children eligible for special education services;
• Prepare an individual education program (IEP) for each eligible child developed by a team that includes the child’s parents; and
• Provide services as determined by the IEP team in the least restrictive environment.

If parents do not agree with the eligibility, IEP or placement of their child, they may request a due process hearing through the state Superintendent of Public Instruction. A school district also may request a due process hearing if it believes parents are preventing a child from being identified for special education services. Decisions made by a hearings officer may be appealed to the courts.

Children eligible for special education are counted on December 1 of each year. Approximately 13 percent of Oregon’s public school students receive special education services.

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Programs

Most of Oregon’s children with disabilities attend public schools and spend most of their school day in regular classes. Some students attend special classes at least part of the school day. A small number of children with more complex needs are educated in special classrooms, attend private schools or are in other settings.

The Oregon Department of Education and education service districts assist local school districts by providing specialized services that would be difficult for individual districts to develop and maintain. For example, through the state’s Regional Services Program, students with vision impairments receive Braille training from specially trained teachers who work with the students in their local schools.

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Cost

Growth in spending on special education in Oregon has significantly outpaced growth in spending on regular programs. From 1992 to 2000, spending per student on special education programs grew at an average annual rate of 14.3 percent while spending per student on regular instruction grew at an annual average rate of 3 percent. In 1992, Oregon K-12 schools spent $448 more per student on special education programs. By 2000, the system spent $1,301 more per student. In 2004, the average cost for educating a disabled child is approximately $5,171 more than the cost of educating a regular student - or an average of approximately $12,295 per special education student. Programs for most children with disabilities cost less than $11,685 per student. However, children with more severe disabilities require more costly services, driving the average cost to $33,906.

In 2004 the federal government provided approximately $1,270 for each eligible child served by school districts. Traditionally, local school districts pay for the majority of special education services. As the state assumes a larger role in school funding, the state share of special education costs is increasing. The current formula for distributing State School Funds provides each district with an additional weighted count for every student receiving special education services for up to 11 percent of the district’s student population on IEPs. (See State School Fund Distribution Formula.)

For more information about special education programs and contacts, see the Special Education section of the Oregon Department of Education Web site or the U.S. Department of Education.

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