Briefing From “Special Education Law” Nikki Murdick Barbara Gartin Terry Crabtree.
Special Education Law
description
Transcript of Special Education Law
Special Education Law
If you are not in compliance with the law you can lose your teaching license and be subjected to lawsuits! The link below will take you to a number of resources related to exceptional education in Florida.
http://www.fldoe.org/ese/linkhome.asp
Key Acronyms for EXAM
IDEA
LRE
LEA
IEP
FAPE
AYP
504
ADA
ESY
IQ
OHI
LD or SLD
ID
TBI
CBM
RTI
ASD
ADHD
SLP
OT
PT
Purpose of Special Education
1. Ensure that all students eligible for Special Education have a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living.
2. Ensure student and parent rights are protected.
3. Assess and ensure the effectiveness of the IEP.
Key Federal Court Decisions
B r o w n v. B o a r d o f E d u c a t i o n o f To p e k a ( 1 9 5 4 ) - “ s e p a r a t e b u t e q u a l ” ( i . e . , s e g r e g a t i o n b y r a c e ) i s n o t c o n s t i t u t i o n a l
Pe n n s y l v a n i a A s s o c i a t i o n f o r Re t a r d e d C h i l d r e n v. C o m m o n w e a l t h o f Pe n n s y l v a n i a ( PA RC ) , 1 9 7 1 - “ u n e d u c a b l e ” o r “ u n t r a i n a b l e ” s t u d e n t s c a n n o t b e e x c l u d e d f r o m p u b l i c e d u c a t i o n
M i l l s v. B o a r d o f E d u c a t i o n ( 1 9 7 2 ) - a ) b r o a d e n s t h e s c o p e o f PA RC t o i n c l u d e d s t u d e n t s w i t h o t h e r d i s a b i l i t i e s , b ) a l l c h i l d r e n o f s c h o o l a g e s h o u l d b e p r o v i d e d w i t h f r e e a n d s u i t a b l e p u b l i c e d u c a t i o n , a n d c ) n o e x c l u s i o n d u e t o i n s u ffi c i e n t f u n d s
Hendrick Hudson Central School District Board of Education v. Rowley (1982)
The Supreme Court stated that services provided to the child must:
Be provided at public expense and under public supervisionMeet the state educational standardsComply with the child’s IEPConfer educational benefit
IDEA does not require school districts to maximize a student’s potential
The court posed two essential questions:Did the school district follow all of the procedures in IDEA?Is the IEP reasonably calculated to enable a child to receive educational benefit?
The Big Three - Disability Legislation
Individuals with Disabilities Education Act (IDEA) - 2004
Section 504 - Rehabilitation act of 1973
Americans with Disabilities Act (ADA) - 2008
Brief history of IDEA
Public Law 94-142, Education For All Handicapped Children Act (1975). This law was reauthorized and expanded as the “Individuals with Disabilities Education Act” (IDEA) in 1990.
Reauthorized again in 1997 & 2004
(P.L. 108-446).
Federal regulations for 2004 reauthorization were released August 14, 2006.
Major Tenets of IDEAApplies to children ages 3 - 21Zero reject - nonexclusionary educationFAPE - Free appropriate public educationLRE - Least restrictive environmentNondiscriminatory evaluationDue processTransition planning Adequate yearly progressAdvocacyConfidentialityNoncompliance - lawsuitsPerson first language
Who is eligible for services under IDEA?
Students who demonstrate the characteristics of any of the previous categories IF their
disability adversely impacts educational performance and
requires specialized instruction.
What if the disability does not affect academic achievement?
Students are NOT eligible for services under IDEA
They may receive services under Section 504 of the Vocational Rehabilitation Act (1973)
Section 504 covers many more students than IDEA
Students served under Section 504
Students served under IDEA
Visual representation of school-aged populations served under IDEA and Section 504
Student Need
Consider IDEA
Adverse affect on educational performance?
Yes
IDEA Eligible
IEP Developed
Related Services
Placement Options
Consider 504
Not Eligible
No Disability substantially limits one or more major life activities
504 Protected
Reasonable Accommodations
FAPE
No
Not Eligible
Major Tenets of Section 504
Prevents discrimination by any organization receiving federal funds
Defines a handicapped person as “Any person who has a physical or mental impairment which substantially limits one or more major life activities”
Students served under IDEA are also eligible for 504
Both laws mandate FAPE
IDEA requires an individual education program (IEP) while 504 requires schools to demonstrate how services are being provided
Major Tenets of ADA (2008)
Maximize the employment potential of individuals with disabilities.
Provide “reasonable accommodations” in the workplace.
Employers may not ask if an individual has a disability and may not discriminate against persons who have a disability.
Colleges and universities must provide appropriate modifications
Telecommunications must be accessible to individuals who are deaf
Disability Categories
Developmentally delayed (age 3 - 8)
Emotional disturbance
Speech or language impairment
Orthopedic impairments
Other health impairments
Specific learning disability
Intellectual disability
Multiple disabilities
Hearing impairments / Deafness
Visually impairment / blindness
Deaf / blindness
Autism
Traumatic brain injury
6.5 Million Students Are Served Under IDEA
SLD; 2,481,000
SLI; 1,416,000OHI; 689,000
ID; 463,000
ED; 407,000
Autism; 378,000
DD; 368,000Multiple; 131,000 Hearing; 79,000OI; 65,000 Vision; 29,000TBI; 25,000Deaf-Blindness; 2,000
Source: U.S. Department of Education (2012)KeySLD = Specific learning disabilitySLI = Speech or language impairmentOHI = Other health impairmentID = Intellectual disabilityOI = Orthopedic impairment
ED = Emotional disturbanceDD = Developmental delayMultiple = Multiple disabilitiesOHI = Other health impairment (includes ADD)TBI = Traumatic brain injury