Episode 252: Celebrating 50 Years of IDEA

On this episode, we’re celebrating the legacy of The Individuals with Disabilities Education Act, the first iteration of which was signed into law in 1975. We’re joined by educators, advocates and a student to learn more about how IDEA serves students and families across the nation.

Guests:
Dr. Tiece Ruffin, Chair, UNC Asheville Department of Education
Dr. Carol Ann Hudgens, Sr. Director of the Office of Exceptional Children, NC Department of Public Instruction
Glynnis Hagins, Attorney, Disability Rights North Carolina
Susan Book, parent and public school advocate
Lindy Southern, student, Winston-Salem/Forsyth County Schools

Transcript

SPEAKER_05 0:12

Welcome to Education Matters, presented by the Public School Forum of North Carolina. I'm your host, Dr. Mary Ann Wolf. On today's episode, we're celebrating the Legacy of the Individuals with Disabilities Education Act, the first generation of which was signed into law in 1975. We're joined by educators, advocates, and a student to learn more about how IDEA serves students and families across the nation. We are so pleased to be joined by Dr. Thais Ruffin, Chair of the UNC Asheville Department of Education, Dr. Carol Ann Hudgens, Senior Director of the Office of Exceptional Children at North Carolina Department of Public Instruction, Glennis Haggins, an attorney in disability rights, North Carolina, Susan Book, a parent and a public school advocate, and Lindy Southern, a student at Winston-Salem for Scythe County Schools. Welcome to all of you. We'd like to start out just by helping our listeners and those that are watching understand what IDEA is and why it's so important for students. And I wonder, Thais, if I can start with you.

SPEAKER_01 1:20

The Individuals with Disability Education Act is so important because we can probably recall back in 1975 when Disability Rights Aver did sparked for this legislation to make sure that all students with disabilities receive a free and appropriate public education. If we think about our historical legacy with denying students the right to public school, it harkens me back to a time when I can remember in Orange County, North Carolina, with my great uncle, a person with an intellectual disability and Down syndrome, who my grandmother said, you know, in the 1960s in Orange County, North Carolina, her mother took him to a local school in Orange County and they turned him away. They told him he needed to go home. He was not allowed to attend school. So idea is very important. We are, of course, elated in 1975 that this came to be to guarantee the rights that kids with disabilities would have a right to education, that no one would be excluded, would be denied, would be pushed to the margins as a citizen and as a member of our community, valuing really their full humanity with that law being put in place.

SPEAKER_05 2:28

Thank you so much. And Carolyn, knowing your role at the North Carolina Department of Public Instruction, how does your office ensure that school districts across North Carolina are meeting their obligations under IDEA? And what challenges do you see in ensuring equitable access across North Carolina?

SPEAKER_04 2:47

So the IDEA requires states to implement a general supervision system that includes eight critical components. And those components include the state performance plan, policies, procedures, and effective implementation, effective dispute resolution, data on processes and results, integrated monitoring activities, improvement correction, incentives and sanctions, targeted technical assistance and professional development and fiscal management. So this is a system of checks and balances that ensure the requirements of the IEDEA are implemented consistently across our state. And our office initiates and coordinates this support to our public school units by ensuring this system establishes programmatic priorities that are based upon the state's performance data and are supported through our fiscal resources. Some of our challenges right now are related to the recruitment and retention of special education teachers and related service providers. This could be attributed to how people are currently viewing the profession, the availability of competitive salaries and benefits commensurate with job requirements, and the support educators are able to access when they enter the workforce.

SPEAKER_05 4:04

Thank you so much for lifting that up because I know as we hear more today, the fact that we don't have enough of our EC teachers or we have too many vacancies is a really big deal for students, for families, and for others in the school community. Glennis, I'd love to hear a little bit when we from you about the progress that's been made in disability rights since IDEA was first passed.

SPEAKER_06 4:28

It really does hearken back to the passage of the Education for All Handicapped Children Act in 1975, but you have to look at what school looked like before that. So we all know Brown versus Board of Education ruled that separate but unequal and segregation within schools was unconstitutional. And so disability rights advocates took that legal theory and began suing under the 14th Amendment to make sure that students with disabilities had equal access to schools as well, and that they weren't segregated or excluded from the school setting. And so there were a couple of cases that were really big, but ultimately it became codified into the Education for All Handicapped Students Act in 1975. But again, it was in response to the fact that a congressional investigation found that students were languishing either at home or in institutions or were staying in school but waiting until the moment that they could drop out. And so when we look at what the IDEA has done, which has created space for highly qualified teachers, which I know there's a shortage of, but it's it increased the standard for what teachers needed to be qualified to do. The IDEA has also created parent and student rights, including decision-making authority and procedural safeguards for those decisions, early intervention services for children with suspected disabilities, or academic or behavior struggles, as well as looking at equity and disproportionality in terms of placement and discipline. And so how that has impacted students directly is that more students are in school, according to the US Department of Education data. That looks like 66% of children with disabilities are in general education classrooms, 80% or more of their school day. And students with disabilities are also getting early intervention services as infants and toddlers, where children also attend their neighborhood schools, not institutions or separate schools. And there have been improvements in high school graduation rate for students with disabilities that harkens back to some of the transition planning for post-secondary opportunities that is built into the IDEA. So the IDEA has made created so much progress for students with disabilities in the opportunities that are available.

SPEAKER_05 7:03

Thank you so much. And Lindy, we'd love to turn to you. As a student, why is IDEA important to you? And we just so appreciate you being here today and um helping us gain more understanding.

SPEAKER_02 7:17

I appreciate the opportunity to be here today, too. Um, IDEA is important to me because it's what allows me to be with my peers and access my education in a way that is similar to them. If I didn't have the accommodations I do, it would be potentially nearly impossible for me to be in a general education classroom like I am now. So I find it really important that people just understand the importance of this law and also follow it as well.

SPEAKER_05 7:55

That is a very important point, Lindy. I appreciate that very, very much. Um, and Susan, you've been um in this space. I know you and I have had a chance to talk before, and I think we're curious to hear what your experience has been navigating um our system as a parent and what advice you may have for other parents who are trying to figure it out to do exactly what Lindy and the other experts on the call just described.

SPEAKER_03 8:22

I have seen the best of our public schools, and I've honestly seen the worst. Um, at worst, just imagine yourself stepping into a conference room, all eyes stare at you as you enter. Um, they've kept you waiting, and it seems like they've already held a pre-meeting without you, and there's at least five to six of them, and there's one of you. And this is what the IEP process can sometimes feel like. Um, nothing prepares you emotionally for this process, and that's where sometimes there are definitely deficits in the system. Um and you can get lost emotionally no matter how smart you think you are. Um, if something goes wrong at some point, it might. There's um there isn't a guidebook on what do you do next? So first of all, it doesn't have to look like that. Um, you can speak out. Um, first of all, when I um go in, I never go alone to an IAP meeting anymore. Always take a friend, um, even, right? Don't don't IAP alone. Um, and it can can be just a neighbor or just someone that is offering you as a parent emotional support. Um your rights, yes, and make sure you've you have looked over that handbook, but maybe seek out assistance from places like um the Exceptional Children's Assistance Center, Disability Rights, North Carolina, Legal Aid of North Carolina. There's a a bevy of great organizations out there to help you along the way. And I always set the tone of my own meetings. I generally read an opening statement of my child's strengths, what I'd like to get accomplished in the meeting. Finally, uh, nothing in this world, in the special education world, happens if it isn't in writing. So make sure everything that you do has some kind of writing backup.

SPEAKER_05 10:23

Thank you for that, Susan. Thais, um, as we wrap up this segment, how, if at all, does race, socioeconomic status, and other factors intersect with disabilities in how students are identified and supported under IDEA?

SPEAKER_01 10:39

As we think about it from race, this has been longstanding. Um, I looked at national data from our condition of education report nationally, and the highest percentage of students with disabilities in the US are our American, Indian, Alaska Native population. And the second highest are black students. And so we're starting to see that there's overrepresentation with inequities. So a system or a law that's inactive for access and for students to thrive, we see disparities today. Um, we also see disparities or inequities along gender lines. We know in um IDEA we have more uh male students than female students. Um, and that's also an issue that we've had to take a closer look at is there a bias in terms of the identification process and the services we see? If we think about um identification of students of certain socioeconomic status, where do we often see students um with IEPs according to race? We see that around the intersection of actually race and gender for emotional disturbance or intellectual disability for certain groups. So, yes, race, um, socioeconomic status and other factors definitely intersect with disability status in terms of identification and services. And we really need to continue to take a look at this shouldn't be the case. This shouldn't be the case along sex, race, or socioeconomic status that we have inequities in a law that's supposed to provide access and student thriving, but we see that certain students are being identified in ways that are harmful, that disenfranchises them, that doesn't have the intent of support that we intend for them to have. So that's that's difficult. This was a hard one for me, everyone, to kind of think about such a great law, such a great opportunity for access, but yes, we have to deal with the notion that harm is being caused to certain groups of people. So, how do we address that as well?

SPEAKER_05 12:47

Thank you so much. After the break, we'll be back to continue our conversation. We know that IDA relies on both federal and state implementation. So there are often disparities in services offered, as uh Thais referenced. What steps could be taken at the school level to ensure students receive consistent support no matter where they live?

SPEAKER_06 13:38

I think the biggest answer for this quite to the quote to this question for me is follow the IEP. Um, the IDEA is individualized, and the the way that the law was created was to make sure that students with disabilities had the supports, the services, the accommodations, the specially designed instruction that they needed in order to access the curriculum. And so my biggest piece to schools is like just make sure you're following the IEP, which sounds simple, right? Um, but I also say that like the IEP is there for a reason and is meant to follow the child, regardless of what school district they're going to, regardless of what zip code they're in and what school they're zoned for, it's designed to be individualized. And so I think that the IEP meetings in which these plans are developed are super important because, again, it's supposed to be specific to a to the child and the child's needs. And so if we're taking the IEP meeting seriously, um I believe the school districts can design um IEPs that are specific for a child to make sure that they can make progress in the curriculum.

SPEAKER_05 14:55

I think that's a great reminder for all of us, too, that that is why those why those are there. Um, Carol Ann, one of the things that we've been hearing a lot about in the news is the potential closing of the U.S. Department of Education. And we know that the U.S. Department of Ed plays a big role in IDEA. So I'm curious if you could share a little bit about what effect you think that would have on your work, but also for students across North Carolina that you serve.

SPEAKER_04 15:21

We recognize, of course, that any changes that happen at the federal level, whether directly or indirectly related to the Department of Education, is going to cause a ripple effect at the state and the local levels. However, consistent with our shared priorities under Superintendent Green's leadership, our office is going to continue to remain committed to preparing each student for their next phase in life, investing in public schools by fully funding public education, revering our public school educators, enhancing our public parent and community support, ensuring safe and secure learning environments, and celebrating the good in public education. We know that changes might bring new partnerships, and we're ready to pursue those in the best interest of our students.

SPEAKER_05 16:14

Thank you so much. And Lindy, I'd like to turn back to you. What do you want people to know about learning differences and what it means to be a child who has had the benefits of IDEA in your education?

SPEAKER_02 16:30

I think to back up what everyone else has said, because it's so true. Like I I can't explain how true it is what you all have said. Um I think I want people to understand that, like first of all, there is a continuum of employments and environments that work for each kid. Like not every kid is gonna thrive is going to thrive in general education, and that's okay. And I think I also wish people knew that, like um forcing us to act non-disabled is oftentimes potentially not possible because when disabled maybe impacts everything. But I would also like people to know that like keeping expectations as high as they can possibly go. And also, like other people said you follow the IV and the meetings are so important. Like I have advocated in my in my own meetings since I was in eighth grade. I'm in a 11th grade now, and I have advocated for myself in my meetings, and that along with having a very good IEP team, has meant that I've been able to get accommodations and services that have helped me prepare for the future and feel more confident navigating this craziness of education, disability, all that stuff.

SPEAKER_05 18:23

Thank you so much, Lindy. I love that you're there advocating for yourself and helping others understand what works for you, and that's very, very powerful. Um, Susan, when we think of all the conversations today, what role do local communities and advocacy group play in holding schools accountable for providing accommodations? And sometimes that means helping schools get the resources they know they need.

SPEAKER_03 18:46

Communities and advocacy groups are in the best possible um chair to be able to shout to the rooftops to all our leaders that in order for all this to work, we need serious funding raises for our public schools. Um, and that can be at a school board meeting, that can be at your county commissioners, that can be at the state level and the federal level. So I encourage everyone to use their very loud voice for that issue. But second of all, I would say navigating the system sometimes means bridging communication gaps. Um, and so I would say sometimes it's just making sure that we're all on the same page with language. Um I've helped write um communication guides. We use a lot of acronyms. We use a lot of terms in those meetings that you wouldn't use anywhere else. The first time somebody told me my child eloped from a classroom, I was extremely confused. Um, did you know, was there a ladder involved? Did they run off and get married? I'm what happened was, of course, he ran out of classroom. So sometimes we just need to be on an equal playing field with how we're communicating to each other. And student services shouldn't be a mystery to navigate, but a transparent system with help along the way. So, community groups, please get involved with making sure that we're all speaking the same language.

SPEAKER_05 20:14

I just can't thank all of you enough. I want to ask you 34 more questions because you've sparked so many pieces, but you've also really helped, I think, to boil down how important this is, why it matters, how far we've come, and why it matters so much that we keep going. And so thank you for shedding light today and uh just bringing it down to the importance for kids. And I don't think we can ask for anything more. So we're really grateful to have you with us today. Thank you all so much for joining us after the break. This week's final word. 50 years ago, the first iteration of the Individual with Disabilities Education Act was signed into law, transforming the American education system by guaranteeing that students with disabilities have the right to a free and appropriate public education. Before IDEA, millions of children were denied schooling or placed in inadequate programs that failed to meet their needs. This landmark legislation has changed the lives of countless students and families by ensuring access to educational services and support that help them reach their full potential. In North Carolina, IDEA has played a crucial role in ensuring that students with disabilities receive individualized support through programs such as individualized education programs and 504 plans. IDEA also supports children who are not yet school age through intervention services for infants and toddlers, and ensuring that children ages three to five with disabilities receive appropriate services in preschools. These programs are essential in providing accommodation and specialized instruction. Tailored to each student's unique needs. North Carolina's local public schools serve more than 200,000 students with disabilities, giving them access to the resources and support necessary for their success. Beyond K-12 education, IDEA has paved the way for transition services that help students prepare for college, careers, and independent living. Across the state, school districts have developed programs to assist students with disabilities in making successful post-secondary transitions. This is the legacy of IDEA. Since 1975, this legislation has served students who otherwise likely would not have had their needs met. The current federal administration has repeatedly called for the dismantling of the U.S. Department of Education. This raises serious concerns about efforts to meet the needs of every child. If the Department of Education were to close, the impact on North Carolina students with disabilities in their families could be devastating. IDEA is a law, so dismantling the department would not automatically overturn the legislation. However, without the Department of Education, states would be left to interpret and enforce IDEA on their own with no guarantee of consistency or accountability. This could lead to significant disparities in services across districts, especially in already underfunded areas where losing federal IDEA support will undoubtedly severely hurt their ability to serve students with disabilities. Even in districts with adequate funding, if IDEA were to lose federal support, the consequences would be felt quickly. The progress made over the last 50 years could unravel, leaving thousands of students without the support they need to succeed. As we celebrate this milestone in progress IDEA represents, we must also commit to protecting that progress. Educators, parents, community members, and policymakers must work together to fight against the removal of federal protections that benefit us all, whether directly or indirectly. Fifty years ago, IDEA set a new standard for inclusion and equity in education. For the sake of our children, we cannot allow those standards to be lost or diminished. Thank you for taking time with us to learn and think about education. That's all for today, and we'll see you next week.