3 IDEA Principle – Zero Reject

A key philosophy/tenet  of the Individual with Disabilities Act is that no individuals can be denied opportunity for a free and appropriate public education. Even if some may view an individual as “uneducable” or severely disabled they are entitled to access a public school education at public expense. The Individualized Education Program (IEP) serves as the “legal contract” between an individual/family and the public school. It defines the special education supports and services the individual will receive to  participate in the general education curriculum to the greatest extent possible and identify the special education services and accommodations/modifications the individual will receive.

federal law

IDEA §1414. Evaluations, eligibility determinations, individualized education programs, and educational placements

This section of IDEA provides specific information about procedures for initial evaluations, parental consent requirements,  use of evaluations to determine eligibility for special education services, and individualized education programs.

litigation

Court cases that support this principle include

• PARC vs. Commonwealth of Pennsylvania (1972) – the first case to address exclusion based on disability;
• Honig vs. Doe (1988) – a case that limits the numbers of days an individual with a disability can be suspended from school without special education services
• Timothy @. vs. Rochester, NH School District (1989) – this case address the severity of disability and claims of ineducability
• Light v. Parkway C-2 School District (1994) – this case examined removal of individuals with disabilities who were an immediate threat of harming others

Refer to this brief summary of Court Cases related to Zero Reject principle or click on the court case links for more details.

resources

Individuals with Disabilities Education Act-Special Education for Everyone  provides a basic definition of Zero Reject and describes benefits for families.

Landmark Special Ed. Case Confirming ‘Zero Reject’ Rule Marks 25 Years – This article provides landmark case confirming Zero Reject to illustrate the principle.

Lusk, S. (2015). The dimming light of the IDEA: The need to reevaluate the definition of a free appropriate public education. Pace Law Review, 36(9) 291-314. [PDF version]

ACTIVITIEs

Inclusion IEP and Special Needs, a resource guide created by Learning Seed (CC-BY-NC), provides an overview of six basic principles of IDEA as well as suggested discussions and review activities, a glossary of terms, and additional resources.

Discussion Questions:

• • How, in your own words, do you define zero reject?
  • Compare and contrast the court cases related to the zero reject tenet. What are the similarities and differences?
  • From your perspective, which of the court cases might be beneficial for all educators to be familiar and why?