LEGAL ISSUES
reasonably calculated to enable a child to make progress appropri- ate in light of the child’s circum- stances” (999). Consequently, following Endrew
F., IEP teams composed of educa- tors and the parents of children must ensure that programming for students with disabilities, includ- ing those with ASD, helps students advance successfully from grade to grade in general education curricula, providing them with meaningful educational benefits.
Four key elements in the IDEA come into play with respect
to programming for students with ASD.
In light of Endrew F., teams must create new IEPs designed to help all students with disabilities, including those with ASD, demonstrate greater independence with respect to per- forming educational, employment, and independent living tasks than under the Rowley standard.
The IDEA and Autism Spectrum Disorder
Four key elements in the IDEA come into play with respect to program- ming for students with ASD. They attempt to ensure that school board officials comply with the IDEA’s pro- visions, particularly with respect to ensuring that children receive mean- ingful educational benefits.
Academic achievement and functional performance. Con- sistent with developments following Endrew F., IEPs must now address student academic achievement and functional performance. Therefore, at the outset of student IEPs, teams must develop detailed statements summarizing students’ strengths and weaknesses in these areas. Subse- quently, teams must address these
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strengths and weaknesses in the annual goals and related services delineated elsewhere in IEPs. Academic achievement refers to students’ performance in traditional academic subjects, such as math- ematics, reading and language arts, science, and history. Functional performance involves the ability of students to perform what are commonly referred to as activities of daily living, including dressing, toileting, preparing meals, and hav- ing social skills, meaning that they demonstrate the ability to engage with others.
Given the emphasis on high-stakes tests to measure academic achieve- ment, education officials must not deemphasize their duty to address the functional performance needs of students with ASD because many, if not most, will require related ser- vices addressing these needs. Even students with ASD who are advanc- ing with passing grades in general- education subjects may need at least some instruction in social skills. For lower-performing students who need formal instruction to master functional tasks—such as dressing, cooking, and using public transportation—IEP teams may need to create settings like bathrooms with dressing stalls and kitchenettes while providing community-based instruction.
Least restrictive environment. According to cornerstone provisions in the IDEA, to the extent possible, students with disabilities are entitled to a “free appropriate public edu- cation” (20 U.S.C. § 1401[9]) in the “least restrictive environment” (20 U.S.C. § 1412[a][5]), referred to as full inclusion. Therefore, before placing students in restric- tive settings, such as self-contained special-education classrooms, their IEP teams must consider the extent to which children can function in general-education settings and other locations, such as cafeterias, with their peers who are not disabled.
At the same time, regardless of where they are placed, students are entitled to any needed related ser- vices, including, but not necessarily limited to, counseling, therapeutic recreation, transportation, speech- language pathology and audiol- ogy services, interpreting services, physical and occupational therapy, psychological services, and social work services.
When assigning aides, it is
important to clearly delineate their job responsibilities and
provide them with the necessary training.
In the case of a student with ASD who—because of functioning at a relatively minimal level of academic performance—has high support needs, one form of assistance is an aide, whether on a full- or part-time basis. When assigning aides, it is important to clearly delineate their job responsibilities and provide them with the necessary training. It is important to keep in mind that students are assigned aides not only to enhance their functioning in restrictive placements, such as self-contained settings, but also to help enable them to maximize their time spent in general-education classrooms or other settings, such as cafeterias, with their peers who are not disabled.
Special considerations. Under the IDEA, IEPs must address special considerations for students with ASD and other disabilities. Perhaps the two most important of these considerations address the needs of students who exhibit behavioral issues and those who require assis- tive technology.
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