Ch. 5, Indiv w Disab 2011-12 Hardison/Wheaton, HU 1 Chapter Five, Individuals with Disabilities...
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Transcript of Ch. 5, Indiv w Disab 2011-12 Hardison/Wheaton, HU 1 Chapter Five, Individuals with Disabilities...
Ch. 5, Indiv w Disab 2011-12 Ch. 5, Indiv w Disab 2011-12 Hardison/Wheaton, HUHardison/Wheaton, HU
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Chapter Five, Individuals with Chapter Five, Individuals with DisabilitiesDisabilities
Presented by:Presented by:Cathy Hardison, JD, PhDCathy Hardison, JD, PhD
Associate Dean, Heritage University Associate Dean, Heritage University Attorney-at-LawAttorney-at-Law
ANDANDCharles Wheaton, PhDCharles Wheaton, PhD
Online Curriculum Specialist/Faculty TrainerOnline Curriculum Specialist/Faculty TrainerHeritage UniversityHeritage University
Ch. 5, Indiv w Disab 2011-12 Ch. 5, Indiv w Disab 2011-12 Hardison/Wheaton, HUHardison/Wheaton, HU
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Before We BeginBefore We Begin
Before we begin…Before we begin… Do you have any questions?Do you have any questions?
Case LawCase Law What is your reaction to Irving Independent What is your reaction to Irving Independent
School District v Tatro? (page 145)School District v Tatro? (page 145) How about Cedar Rapids Community District How about Cedar Rapids Community District
v. Garret F.? (page 145-146)v. Garret F.? (page 145-146) Are these rulings fair? What about costs you Are these rulings fair? What about costs you
pay as a taxpayer?pay as a taxpayer?
Ch. 5, Indiv w Disab 2011-12 Ch. 5, Indiv w Disab 2011-12 Hardison/Wheaton, HUHardison/Wheaton, HU
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Special Education and the LawSpecial Education and the Law
Special Education is far reaching in its Special Education is far reaching in its scope and has many possible liabilities for scope and has many possible liabilities for a school district.a school district.
Can you name some possible lawsuits that Can you name some possible lawsuits that might be brought?might be brought?
Ch. 5, Indiv w Disab 2011-12 Ch. 5, Indiv w Disab 2011-12 Hardison/Wheaton, HUHardison/Wheaton, HU
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Washington State Spec Educ Washington State Spec Educ Categories (Categories (WAC 392-172A-01035)WAC 392-172A-01035)
Use WAC 392-172A-01035 Handout to help you Use WAC 392-172A-01035 Handout to help you understand these categories—define for usunderstand these categories—define for us
(a)(i) Autism(a)(i) Autism
(b) Deaf-Blindness(b) Deaf-Blindness
(c) Deafness(c) Deafness
(d) (i) Developmental Delay(d) (i) Developmental Delay
(e) (i) Emotional/behavioral disability(e) (i) Emotional/behavioral disability
(f) Hearing Impaired(f) Hearing Impaired
(g) Mental Retardation(g) Mental Retardation
(h) Multiple Disabilities(h) Multiple Disabilities
Ch. 5, Indiv w Disab 2011-12 Ch. 5, Indiv w Disab 2011-12 Hardison/Wheaton, HUHardison/Wheaton, HU
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Washington State Spec Educ Washington State Spec Educ Categories (Categories (WAC 392-172A-01035)WAC 392-172A-01035)
(i) Orthopedic impairment(i) Orthopedic impairment
(j) Other health impairment(j) Other health impairment
(k) (i) Specific learning disability(k) (i) Specific learning disability
(l) Speech or language impairment(l) Speech or language impairment
(m) Traumatic brain injury(m) Traumatic brain injury
(n) Visual impairment(n) Visual impairment
Ch. 5, Indiv w Disab 2011-12 Ch. 5, Indiv w Disab 2011-12 Hardison/Wheaton, HUHardison/Wheaton, HU
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What is Section 504?What is Section 504?
Students have disabilities, BUTStudents have disabilities, BUT Do not qualify for IDEA (Do not meet criteria) Do not qualify for IDEA (Do not meet criteria) 504 definition much more comprehensive504 definition much more comprehensive
Both IDEA and Section 504 eligible students are Both IDEA and Section 504 eligible students are of special concern for the school employee, of special concern for the school employee, because discipline procedures for these because discipline procedures for these students are more restrictive as to the actions of students are more restrictive as to the actions of school staffschool staff
Ch. 5, Indiv w Disab 2011-12 Ch. 5, Indiv w Disab 2011-12 Hardison/Wheaton, HUHardison/Wheaton, HU
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Section 504 DefinitionSection 504 Definition
““Any person who Any person who (i) has a physical or mental impairment (i) has a physical or mental impairment
which substantially limits one or more which substantially limits one or more major life activities,major life activities,
(ii) has a record of such an impairment, or (ii) has a record of such an impairment, or is regarded as having such an is regarded as having such an impairment.”impairment.”
Ch. 5, Indiv w Disab 2011-12 Ch. 5, Indiv w Disab 2011-12 Hardison/Wheaton, HUHardison/Wheaton, HU
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Section 504 DefinitionSection 504 Definition
Further definition of a physical or mental Further definition of a physical or mental impairment meaningimpairment meaning ““(A) any physiological disorder or condition, (A) any physiological disorder or condition,
cosmetic disfigurement, or anatomical loss affecting cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: one or more of the following body systems: neurological; musculoskeletal; speech sense neurological; musculoskeletal; speech sense organs, respiratory; including speech and organs, respiratory; including speech and lymphatic; skin or endocrine; orlymphatic; skin or endocrine; or
(B) any mental or psychological disorder such as (B) any mental or psychological disorder such as mental retardation, organic brain syndrome, mental retardation, organic brain syndrome, emotional or mental illness, and specific learning emotional or mental illness, and specific learning disabilities.”disabilities.”
Ch. 5, Indiv w Disab 2011-12 Ch. 5, Indiv w Disab 2011-12 Hardison/Wheaton, HUHardison/Wheaton, HU
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504 Definition(con’t)504 Definition(con’t)
Major life activities are defined as:Major life activities are defined as: ““functions such as caring for oneself, performing functions such as caring for oneself, performing
manual tasks, walking, seeing, hearing, speaking, manual tasks, walking, seeing, hearing, speaking, breathing, learning, working.”breathing, learning, working.”
By its very nature the 504 definition includes many By its very nature the 504 definition includes many categories not thought to be impairments by school categories not thought to be impairments by school staff; thereforestaff; therefore
A tension between parents, student advocates and A tension between parents, student advocates and the school can likely occur.the school can likely occur.
Ch. 5, Indiv w Disab 2011-12 Ch. 5, Indiv w Disab 2011-12 Hardison/Wheaton, HUHardison/Wheaton, HU
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Special Education DisciplineSpecial Education Discipline
FIRST, accept that regular education rules are FIRST, accept that regular education rules are not always the same for Sped because not always the same for Sped because
Have to ask if student’s behavior is related to Have to ask if student’s behavior is related to his/her disabilityhis/her disability
If related to disability, then must follow sped If related to disability, then must follow sped rules regarding disciplinerules regarding discipline
Ch. 5, Indiv w Disab 2011-12 Ch. 5, Indiv w Disab 2011-12 Hardison/Wheaton, HUHardison/Wheaton, HU
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Special Education DisciplineSpecial Education Discipline
Sped students cannot be punished for conduct Sped students cannot be punished for conduct that is a that is a manifestationmanifestation of their disability of their disability
Using regular school rules, can be disciplined for Using regular school rules, can be disciplined for any behavior not associated with their disabilityany behavior not associated with their disability Must ensure that punishment does not Must ensure that punishment does not materially materially
and substantiallyand substantially interrupt the child’s education. interrupt the child’s education.
Ch. 5, Indiv w Disab 2011-12 Ch. 5, Indiv w Disab 2011-12 Hardison/Wheaton, HUHardison/Wheaton, HU
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Special Education DisciplineSpecial Education Discipline
Materially and substantiallyMaterially and substantially interrupt child’s education interrupt child’s education Expulsions: Permanent separation from the school districtExpulsions: Permanent separation from the school district Suspensions: Removes the disruptive student from the Suspensions: Removes the disruptive student from the
school environment temporarilyschool environment temporarily Transfers: Student is moved to another environmentTransfers: Student is moved to another environment
If not related to disability, Sped student is responsible to If not related to disability, Sped student is responsible to follow rules and can be disciplined accordinglyfollow rules and can be disciplined accordingly
Ch. 5, Indiv w Disab 2011-12 Ch. 5, Indiv w Disab 2011-12 Hardison/Wheaton, HUHardison/Wheaton, HU
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Special Education DisciplineSpecial Education Discipline Discipline and Optional SanctionsDiscipline and Optional Sanctions
Violates school rule, code of conduct uniformly applicable to Violates school rule, code of conduct uniformly applicable to all studentsall students Can place Sped student in interim alternative educational setting Can place Sped student in interim alternative educational setting
or other setting for up to 10 days (if also may use same sanction or other setting for up to 10 days (if also may use same sanction for all students)for all students)
Can suspend Sped student up to 10 days (if also may use the Can suspend Sped student up to 10 days (if also may use the same sanction for all students), stay put provision applies--same sanction for all students), stay put provision applies--meaning what?meaning what?
Can place the student in an IAES for up to 45 days (same sanction, Can place the student in an IAES for up to 45 days (same sanction, etc.) if etc.) if
carries a weapon to schoolcarries a weapon to school Illegally uses drugs or sells or solicits the sale of a controlled function (stay Illegally uses drugs or sells or solicits the sale of a controlled function (stay
put does not apply for weapons & drug discipline)put does not apply for weapons & drug discipline) Inflicts serious bodily injury upon another personInflicts serious bodily injury upon another person
Ch. 5, Indiv w Disab 2011-12 Ch. 5, Indiv w Disab 2011-12 Hardison/Wheaton, HUHardison/Wheaton, HU
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Referrals After the FactReferrals After the Fact
Called preemptive strike. Called preemptive strike. Parents can use or abuse the opportunity to Parents can use or abuse the opportunity to
have their student receive special education have their student receive special education status after an incident occurs.status after an incident occurs.
The claim has to be that the LEA knew that The claim has to be that the LEA knew that the students had a disability BEFORE the the students had a disability BEFORE the incident occurred incident occurred
Ch. 5, Indiv w Disab 2011-12 Ch. 5, Indiv w Disab 2011-12 Hardison/Wheaton, HUHardison/Wheaton, HU
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Referrals After the FactReferrals After the Fact
LEA deemed to have known student had a LEA deemed to have known student had a disability if:disability if: Parent expressed concern IN WRITING the student Parent expressed concern IN WRITING the student
is in need of servicesis in need of services Parent has requested a nondiscriminatory Parent has requested a nondiscriminatory
evaluationevaluation Student’s behavior demos a need for servicesStudent’s behavior demos a need for services Student’s teacher/other school personnel HAVE a Student’s teacher/other school personnel HAVE a
concern AND have expressed the concern to the concern AND have expressed the concern to the sped director or other personnelsped director or other personnel
Ch. 5, Indiv w Disab 2011-12 Ch. 5, Indiv w Disab 2011-12 Hardison/Wheaton, HUHardison/Wheaton, HU
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Sped Students and CrimesSped Students and Crimes
LEA may report crimes committed by sped LEA may report crimes committed by sped studentsstudents
If reported, sped students lose all special status, If reported, sped students lose all special status, treated as if a regular education studenttreated as if a regular education student
When report crime, LEA must provide law When report crime, LEA must provide law enforcement with sped and discipline filesenforcement with sped and discipline files
Ch. 5, Indiv w Disab 2011-12 Ch. 5, Indiv w Disab 2011-12 Hardison/Wheaton, HUHardison/Wheaton, HU
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Essex RecommendationsEssex RecommendationsDo You Agree?Do You Agree?
Provide children with disabilities equal Provide children with disabilities equal access.access.
Lack of funds cannot be used to deny Lack of funds cannot be used to deny servicesservices
Understand the difference between Understand the difference between medical and related servicesmedical and related services
Staff dev is needed for staff (coherent, Staff dev is needed for staff (coherent, continuous, and well supportedcontinuous, and well supported
Ch. 5, Indiv w Disab 2011-12 Ch. 5, Indiv w Disab 2011-12 Hardison/Wheaton, HUHardison/Wheaton, HU
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Essex RecommendationsEssex RecommendationsDo You Agree?Do You Agree?
Staff need to be aware of liability concerns if do Staff need to be aware of liability concerns if do not provide servicesnot provide services
Parental rights must be respected as to Parental rights must be respected as to evaluation and IEP processesevaluation and IEP processes
Children with disabilities should be punished for Children with disabilities should be punished for behavior associated with disabilitiesbehavior associated with disabilities
Long term suspension triggers need for Long term suspension triggers need for placement changes, but cannot deny servicesplacement changes, but cannot deny services
Ch. 5, Indiv w Disab 2011-12 Ch. 5, Indiv w Disab 2011-12 Hardison/Wheaton, HUHardison/Wheaton, HU
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Essex RecommendationsEssex RecommendationsDo You Agree?Do You Agree?
If parent prevails, can be awarded attorney fees, If parent prevails, can be awarded attorney fees, if district does, then they can collect attorney if district does, then they can collect attorney fees from parentfees from parent
Burden of Proof rests with school district as to Burden of Proof rests with school district as to whether misbehavior is attributable to disabilitywhether misbehavior is attributable to disability
Architectural barriers must be removed if Architectural barriers must be removed if prevent program services or activitiesprevent program services or activities
School districts may have to provide additional School districts may have to provide additional services beyond the school year, so carefully services beyond the school year, so carefully consider this option.consider this option.
Ch. 5, Indiv w Disab 2011-12 Ch. 5, Indiv w Disab 2011-12 Hardison/Wheaton, HUHardison/Wheaton, HU
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Your RecommendationsYour Recommendations
How can you protect yourself or children How can you protect yourself or children as as A Teacher?A Teacher? A Parent?A Parent? An Administrator?An Administrator?