Post on 22-Dec-2015
Laws and Family Rights
Why are federal laws important?
Empowers families to advocate for their children
Aids individuals with disabilities in decision making
Assists professionals in:• Understanding service delivery systems• Protecting civil rights of students• Collaboration with other agencies
Prior to Laws VS. With Laws
Blame Parents Parents
responsible for education
Parent Organizations
Parents as Advocates Parents as Partners School systems:
• standards-based reform• one-stop-shopping
Major Pieces of Legislation
1970 Right to Education 1973 Civil Rights Section 504 1976 PL-142; now known as IDEA (3-
21) 1986 (birth - 2 years) 1990 added autism, TBI 1994 reinterpretation of IDEA adding
ADHD under OHI
Section 504 of the Vocational Rehabilitation Act of 1973
Extends civil rights in public sector to people with disabilities of all ages
...”no otherwise qualified handicapped individual shall, based solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in any program or activity receiving federal financial assistance.”
Section 504 of the Vocational Rehabilitation Act of 1973
Very broad definition of disability
Requires that reasonable accommodations be made
Is a discrimination statute -- NOT an entitlement statute
P. L. 101-476 Individuals with Disabilities Education Act of 1990
IDEA
Formerly P.L. 94-142 Education for all Handicapped Children Act of 1975
Provides an educational services for all children with disabilities
THE LAW OF SPECIAL EDUCATION
Education for All Handicapped Children Act (P.L. 94-142) passed in 1975, which equals
IDEA passed in 1990
Funding statue: all school age children with
disabilities must be provided with FAPE
Reinterpretations of IDEA = 1990 added autism and traumatic brain
injury and transition services 1992 added AD/HD to be covered
under OHI
They are considered disabled if:
1. They have a physical or mental impairment which substantially limits one or more major life activity
2. History
3. Treated by the district as having
4. Limited by the attitudes of others
5. They are treated by the district as
handicapped but have no symptoms
Six Major Principles of IDEA
1. Zero Reject (FAPE)
Schools must enroll all children
Closes service gap
Closes age gap
Six Major Principles of IDEA
2. Nondiscriminatory Testing• Types of tests
• Administration of tests
• Number of tests
• Breadth of evaluation
• Timing of evaluation
• Parental consent and notice
• Interpretation
Six Major Principles of IDEA
3. Appropriate Education• Schools must develop and implement
individualized education program (IEP) for eligible students
• Program will be tailored to meet needs of individual
• Program is revised at least every year -- more often as necessary
Six Major Principles of IDEA
4. Least Restrictive Environment
• LRE
• Educate students with disabilities with nondisabled as much as possible
Six Major Principles of IDEA
5. Due Process
• Safeguards to protect the rights of students and parents
Six Major Principles of IDEA
6. Parental Participation
• Must involve parents in every step of the process
1997 Amendments to IDEA
Performance goals and indicators
Participation in assessments
Description of behavior management plan
Who is covered under IDEA?
Students ages 3-21 with one or more of the following disabilities:
Deaf-blind Hearing ImpairedMental Retardation Multiple DisabilitiesOrthopedic-Impaired Other Health ImpairedSerious Emotional Disturbance Specific Learning
DisabilitySpeech or Language Impairment Visual ImpairmentAutism Traumatic Brain Injury
Americans with Disabilities Act of 1990 (ADA)
To eliminate discrimination against people with disabilities
Extends civil rights protection to private sector
Physical or mental impairment that limits a major life activity
Guarantees accessibility for individuals with disabilities
IDEA vs. 504 Placements
1. Educational Benefits?
2. Nonacademic benefits?
3. Effect on behavior of others?
4. Cost too expensive in general ed.?
Perkin’s Act
• 1984
• Extends the rights IDEA students to vocational education
• Integrates academics and vocational education
Defining Special Education
Special education as a process
• Special education is a process to identify and remediate students
Initial Referral
Student Returns to Regular Class
Student is Successful
Student Found Eligible
IEP Developed
Student is Assessed
Place Student
Develop Intervention
Intervention Ineffective
Student Ineligible
School & Law
Name the Law
Extends civil rights to people with disabilities in the public sector.
a. IDEA
b. ADA
c. Section 504
d. Perkin’s
Name the Law
Extends civil rights to people with disabilities in the private sector.
a. IDEA
b. ADA
c. Section 504
d. Perkin’s
Name the Law
Requires that schools enroll all children regardless of the severity of disability.
a. IDEA
b. ADA
c. Section 504
d. Perkin’s
Name the Law
Requires that an IEP be developed for eligible children.
a. IDEA
b. ADA
c. Section 504
d. Perkin’s
Name the Law
Requires unbiased assessments.
a. IDEA
b. ADA
c. Section 504
d. Perkin’s
Vocational Rehabilitation Act – 1973• Section 504• Provisions for FAPE?