Laws
What does IDEA state?
Individuals with Disabilities Education Act
This law was passed in 1975 and was originally named Education for All Handicapped Children Act (EAHCA).
When the law was revised in 1986 it added in Special Education services for children between the ages of 3 and 5 & early intervention services from birth-3 as well as a family services plan (IFSP).
The law was revised again in 1990 to be named IDEA in order to replace the word "handicap" with "disability", focused on people's first language (putting the person before the disability), incorporated transition services for students at age 16, and additionally added autism and traumatic brain injury as categories for disabilities.
The law was revised in 1997 to incorporate: disciple procedures, parental involvement in decision making, including the general education teacher in the IEP making, and focused more on general education curriculum and surroundings.
The law was last revised in 2004 to have a response to intervention framework regarding learning disability eligibility, changes in the IEP team, and procedure modification.
pages 11-12
Hyatt, K. J., & Filler, J. (2016). Developing IEPs: The Complete Guide to Educationally Meaningful Individualized Educational Programs for Students with Disabilities (2nd ed.). Dubuque, IA: Kendall Hunt Publishing Company.
What was a big takeaway from the following case:
School board of Nassau County v Arline, 1987
-504-
This case made it to the Supreme Court. It was decided that Arline's tuberculous was indeed a physical impairment and therefore by definition of Section 504, Arline was handicapped. 504 protects Arline and people in Arline's situation from receiving discrimination based on the contagious effects that their impairment may cause.
Nicholson, Bridget (2019). Court Case Selection [PowerPoint Presentation]. Retrieved from https://docs.google.com/document/d/1Wf7u-qs6mlDGaY1O3f6QmP7ZKnv0gflG-f3p_igo_kY/edit
What does the abbreviation FAPE stand for?
What are some of the principles included in FAPE?
Free Appropriate Public Education
Zero Reject, Nondiscriminatory Assessment, IEP, LRE, Due Process Safeguards, Parent and student participation and shared decision making.
Safeguards: states protections that district must provide for the student. Allows for parents to challenge district. Provides a way for a conversation/disagreement between parents and district in relation to the special education services being provided.
Hyatt, K. J., & Filler, J. (2016). Developing IEPs: The Complete Guide to Educationally Meaningful Individualized Educational Programs for Students with Disabilities (2nd ed.). Dubuque, IA: Kendall Hunt Publishing Company.
If teachers go on strike, what might be some negative impacts?
In Denver, the teachers went on strike which put more than 10,000 special needs students care in jeopardy.
A lawsuit was then filed against Denver Public Schools in regards to IDEA and 504 stating that schools must provide services to students. During the time that teachers were on strike they were being replaced by substitute teachers who might not be able to provide the adequate services to students.
Sheldon, B. (2019, February 11). Lawsuit filed against DPS alleges special-needs students 'extremely impacted' by teacher strike. Retrieved from https://www.9news.com/article/news/education/lawsuit-filed-against-dps-alleges-special-needs-students-extremely-impacted-by-teacher-strike/73-1f4b6ee7-883a-4f4e-9dd2-0a8b43582e00
What does ADA state?
This law was created in 1990. ADA stands for Americans with Disabilities Act.
This law allows for Section 504 to be in place for private schools since private schools do not receive federal funding so they do not apply to 504.
ADA was created to focus on peoples employment and public services. This law also protects people who have a contagious disease from discrimination.
Ballin, Amy. (2019). 504 and ADA: Important Legislation for People with Disabilities [PowerPoint Presentation]. Retrieved from https://docs.google.com/presentation/d/1q3uMNPWIdQPXUpYpmzLHESwaS561K6q7UEd02v3EIKo/edit#slide=id.gfade64164_0_49
What was a big takeaway from the following case:
Gonzaga University V Doe, 2002
-FERPA-
This case relates to FERPA laws in regards to the fact that students records are property of parents until the student turns eighteen. When the student turns eighteen they are given property of their records. Student records are not allowed to be shared without consent of parents or the student. Any place of education that receives public funding must apply to this law.
Offit, Adam. (2019). Court Case Selection [PowerPoint Presentation]. Retrieved from https://docs.google.com/document/d/1Wf7u-qs6mlDGaY1O3f6QmP7ZKnv0gflG-f3p_igo_kY/edit
What does the abbreviation IEP stand for?
What is an IEP?
Individualized Education Program
This is a document stating the learning goals and services that will be provided by the school to the student.
After students with disabilities graduate high school, what are the schools responsibilities?
From a case in Brunswick, ME Kate Lord graduated high school and was unemployed for two years. Kate has autism and borderline intellectual functioning.
Schools have the obligation to create plans for students with disabilities for after they graduate high school as part of their IEP. These plans must be in place by the age of 16 and include goals in work, school and independent living. Some states even require this plan to be in place by the age of 14.
In Kate's case the school failed to follow through on her IEP for post-graduation.
Butrymowicz, S., & Mader, J. (2017, December 19). This 'Forgotten' Part Of Special Education Could Lead To Better Outcomes For Students. Retrieved from https://www.huffingtonpost.com/entry/special-education-transition_us_5a341a65e4b0ff955ad2b810
What does 504 State?
This law was created in 1973. Section 504 states that an institution may not receive any federal funds from discriminating against a student based on their disability.
Under section 504 the definition of disability is quite broad stating the student may have a physical or mental impairment that interferes with one or more considerable activities or have a record of their impairment.
504 has the ability to cover disabilities than are not covered in IDEA, such as ADHD.
Ballin, Amy. (2019). 504 and ADA: Important Legislation for People with Disabilities [PowerPoint Presentation]. Retrieved from https://docs.google.com/presentation/d/1q3uMNPWIdQPXUpYpmzLHESwaS561K6q7UEd02v3EIKo/edit#slide=id.gfade64164_0_49
What was a big takeaway from the following case:
Larry p v Riles, 1984
-Evaluation-
This case concluded that California schools could not use IQ test to evaluate students of color, specifically black students, as a justification for placement in a special-education classroom. IQ tests are not allowed for justification due to the fact that IQ tests are culturally biased.
Amy (2019). Court Case Selection [PowerPoint Presentation]. Retrieved from https://docs.google.com/document/d/1Wf7u-qs6mlDGaY1O3f6QmP7ZKnv0gflG-f3p_igo_kY/edit
What does the abbreviation LRE stand for?
What does an LRE mean?
Least Restrictive Environment
Students will stay in the regular education setting unless their needs cannot be met in the regular education setting with the use of services and/or aides.
Is it possible to have all students with disabilities in a general education classroom?
Yes! Oregon school district proves to us that it is possible to include all students with disabilities in general education classrooms.
It is shown that students with disabilities do better when they are in the classroom with "typical" learners. There are also benefits for students without disabilities. The more students with disabilities spent time the general education classroom the higher the graduation rate was for students with disabilities. Additionally, overall graduation rates increased!
All of this was possible by the school coming together and moving resources around, giving additional training to teachers, and changing their mindset.
Mirfendereski, T. (2018, May 23). Oregon school district includes all students with disabilities in regular classes. Retrieved from https://www.king5.com/article/news/local/oregon-school-district-includes-all-students-with-disabilities-in-regular-classes/557552151
What does Chapter 766 state?
This law was passed in 1972. Massachusetts was the first state to create a special education law. Chapter 766 guarantees that students with disabilities (ages 3-22) will be provided an education to accommodate their needs.
Ballin, Amy. (2019). Chapter 766 [PowerPoint Presentation]. Retrieved from https://docs.google.com/presentation/d/19Pb9o9TdUT6M7hKUpcpiY1WIyI6oeVl7h8jzpsvAgy8/edit#slide=id.gfabc1ac28_0_0
What was a big takeaway from the following case:
Sacramento City School District v Rachel H., 1994
-LRE-
This case generated the court factor test that determines if a child should be educated in the general education classroom or in a special education classroom.
The four factor test is a series of the following questions:
Can the student benefit academically from instruction in the general education setting?
Can the student benefit socially from being around peers without disabilities?
Will the student disrupt other learners in the classroom, or unduly burden the teacher?
How does the cost of supports within general education compare to the cost of a sub-separate education?
Irwin, Caitlin. (2019). Court Case Selection [PowerPoint Presentation]. Retrieved from https://docs.google.com/document/d/1Wf7u-qs6mlDGaY1O3f6QmP7ZKnv0gflG-f3p_igo_kY/edit
What does the abbreviation STEP stand for?
Supportive and Training for Exceptional Parents
What might be the issue of having different timing for students with disabilities to leave school? for example: say students with disabilities are bused home an hour earlier than general education students.
This was exactly the case in the Washington school district. Students with disabilities were being bused home an hour earlier from school everyday for years. When you add up all the hours these students are missing from school it ends up totaling to two entire school years that these students are missing.
When you apply this information to other schools you will realize that an hour everyday adds up very quickly. If it takes 30 minutes to take a student with disabilities to a separate classroom and then 30 minutes to bring a student with disabilities back to the general education classroom that totals up to an hour of school missed. There needs to be an assessment of how much school a student is really missing and if it is truly in the students best interest.
Mirfendereski, T. (2018, July 17). Washington school district violates special education laws for a decade. Retrieved from https://www.king5.com/article/news/investigations/washington-school-district-violates-special-education-laws-for-a-decade/281-574478178
What are the four sources of law?
Give examples of these laws in relation to special education.
1. Constitutional (Federal and state)
-14th Amendment of Constition
2. Statutory
-EAHC/IDEA
3. Regulatory
-504
4. Case
Ballin, Amy (2019). Introduction/Sources of Law [PowerPoint Presentation]. Retrieved from https://docs.google.com/presentation/d/1bx5YzmmzZK4F1c5GvZISrKaWf1zy1HUvTqdAH7Hl07o/edit#slide=id.g573adae536b72e3e_0
What was a big takeaway from the following case:
Honig v. Doe, 1988
-Procedural Safeguards-
While a case is active the student with disabilities must remain in their current school unless there is an arrangement made by the parents. Additionally, student's with disabilities can not be excluded from a classroom due to dangerous or disruptive actions related to their disability.
A school may only suspend a student for 10 or less days when the misconduct is in relation to their disability, regardless of the action.
Nir, Oriana. (2019). Court Case Selection [PowerPoint Presentation]. Retrieved from https://docs.google.com/document/d/1Wf7u-qs6mlDGaY1O3f6QmP7ZKnv0gflG-f3p_igo_kY/edit
What does the abbreviation ADA stand for?
Americans with Disabilities Act
We know there is the METCO program in Massachusetts , but what about city public schools for students with disabilities in New York. Does every student in the New York public city school receive special education services?
Sadly no. There are tens of thousands of students in the New York City public schools that did not receive the special education services that they required. The school is working on hiring more staff, creating new programs, and creating partnerships in order to provide the proper services to their students.
Families of students who did not receive proper special education services were given vouchers so that the parents can find a provider and have their child be seen outside of school for their services. However, it was found that only half of the vouchers were used in the 2015-16 school year. This was due to the limited amount of specialists in the city.
Harris, E. A. (2017, November 01). Thousands of City Children Not Getting Special Education Help. Retrieved from https://www.nytimes.com/2017/11/01/nyregion/special-education-nyc-schools.html