Special Education Law

Steps of the RTI Process

 

  1. Concern/Reflection-observations of student exhibiting problems in achievement, behaviour, or development
  2. Prereferral for Specialized Interventions & Modifications-prereferral team develops intervention plan to be implemented in the general education classroom
  3. Referral for Special Education Services-if the prereferral intervention plan is unsuccessful, the student is referred for evaluation by a multidisciplinary team to determine eligibility for services
  4. Develop the IED-if the student is eligible for services, the staffing team meets & plans goals, objectives, service delivery, & placement
RTI
Response To Intervention

A prereferral strategy that is applicable to all students, but is particularly useful for students with special needs as it requires frequent & consistent data collection on a child

IFSP
Individualized Family Service Plan

Designed for infants & toddlers

A broader approach with the family unit as the focal point for delivering servce to the infant or toddler

FAPE
Free Appropriate Public Education

Students will no longer be denied the right to attend school

Public Law 94-142

Term “appropriate” is NOT defined by the law so that every child could be taught based on his/her specific needs & required services

ITP
Individulized Transition Plan

Focuses on the demands of the world outside of school; assures that planning & services are available & coordinated to assist young adults with disabilities in moving from school to community-based programs, agencies, & services

Required by age 16 (started by 14 in GA)

LRE
Least Restrictive Environment

*Gen Ed Classroom (least)

*Resource Room

*Separate Classroom

*Separate School

*Residential Program (most)

IEP
Individalized Educational Program

Ensures special education services are provided to the student & plans are implemented in the prescribed manner

ADA
The Americans With Disabilities Act

Prohibits discrimination on the basis of disability, specifically in both public & private employment, accommodations, transport services, & telecommunications

1990

IDEA
The Individuals with Disabilities Education Act

Amendment to PL 94-142

Terminology changed to person-first, “handicapped” replaced by “dsabled,” “children” replaced with “individuals”

Added Autism and Traumatic Brain Injury as categories for disabilities

1990, PL 101-476

NCLB
No Child Left Behind

Redefines the federal role in k-12 education to help improve the academic achievement of all students & to close the gap btw/disadvantaged & minority students & their peers

1. Stronger accountability

2. Expande flexibility @ the local level

3.Expanded options for parents

4. Emphasis on teaching methods that have been proven through empirical research

2001

Section 504
Public Law 93-112, 1973

Cannot discriminate based on disability in any federally funded activity or program or risk losing funding

Defined disability & physical or mental impairment

If a student does not meet eligility, he can get services through this (ADD/ADHD kids)

Public Law 94-142

(1975)

The Education for All Handicapped Children Act

 

Right to education

Mandated a free, appropriate oublic education with related services for students with disabilities aged 5-21

Mandated a comprehensive, nondiscriminatory evaluation prior to special education placement as well as periodic reevaluation

Brown v Board of Education
Educating students with disabilities in separate facilities is inherently unequal

1954

Public Law 98-199

(1983)

Amended PL 94-142 & emphasized preschool, secondary, & postsecondary programs for students w/disabilities
Public Law 93-380

(1974)

Required services for students with disabilities; many of its provisions are included in PL 94-142
Public Law 101-392

(1990)

Required access to the full range of vocational education programs for students with disabilities
Public Law 95-561

(1978)

Provided funds to states for planning & improving programs for gifted * talented students
Public Law 100-407

(1988)

Established statewide assistive technlogy services
Public Law 91-230

(1970)

Consolidated existing legislation for students with disabilities

Reognised learning disabilities as a disability & emphasised the importance of services for students who were gifted & talented

Public Law 96-88

(1980)

Created the Federal Department of Education
High Incidence Disabilities
  • Learning Disability
  • Speech & Language Impairment
  • Serious Emotional Disturbance
  • Mild Intellectual Impairment

large number of students requiring services

Low Incidence Disabilities
  • Multiple Disabilities
  • Hearing Impairment
  • Visual Impairment
  • Deaf-Blindness
  • Orthopedic Impairment
  • Other Health Impairment (ADD/ADHD)
  • Autism
  • Traumatic Brain Injury
  • Severe Intellectual Impairment

limited number of students exhibiting these types of disabilities

Special Education
IDEA 2004: specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and instruction in physical education
IEP Team (MDT)
Multi-Disciplinary Team

  • Gen Ed Teacher
  • SE teacher
  • Paents/Guardians
  • Student
  • Other related specialist(s)
  • & whomever else the parents want, but they have to notify the school so they can also have representation (i.e lawyer)

 

Full Inclusion
Mainstreaming; educating students with disabilities in the general education classroom setting

Believe the gen ed class is appropriate for all students w/disabilities

Believe students should not leave the classroom for special services, but that the special services needed should be provided in the gen ed classroom through the collaboration & cooperation of the classroom teacher & se professionals

Argue that pulling students fragments their education & inhibits communication & cooperation btw/the classroom teacher & special educator

Labeling is de-emphasised

Social skills and self-esteem are improved

Gen ed and spec ed kids benefit frm interaction w/ea other

Realities of society are faced

Daniel R v State Board of Education
Determining appropriate programming in the LRE

Raised questions that students with disabilities could benefit from interaction with normal kids

When are SWDs usually identified?
Before middle or high school level-those are usually only reevaluations
How long can SWDs receive services?
As long as they are eligible for Special Education-must be revaluated-IEPs are only for 1 year
What 3 factors is eligibilty based upon?
  1. The student’s problem is significant;enough to require special instruction not available in the gen ed classroom
  2. The student’s problem is ┬áto the extent that it interferes with school success from year to yearpersistent
  3. The student’s problem is inherent to (i.e., based in) the student;rather than just the result of a temporary difficulty, such as a home problem or conflict with a teacher
What is the 504 plan ; when is it an option for students?
An option for students that do not meet eligibilty to receive special services defined by IDEA (i.e. ADD/ADHD kids);

Spells out the modifications ; accomodations that will be needed for these students so that they can perform at the same level as their peers; may include wheelchair ramps, peanut free lunch, bloodsugar monitoring, notetaker, extra set of textbooks, a tape recorder etc…

Cultural Diversity ; How It affects the Eligibility Process
Cultral differences may be mistaken for abnormality

Language barriers can also be mistaken for learning disabilities

Families also react differently in different cultures to special needs children

Students from diverse cultural and linguistic groups are at greater risk for being mislabeled ; receiving inappropriate or inadequate services

Public Law 93-112

(1973)

FIRST law for Special education

Section 504 of the Rehabilitation Act and Americans with Disabilities Act

Disability is a mental or physical impairment that limits one or more life activity

Ramps and other architectural accommodations added on because of this

Public Law 99-547

(1986)

Provided for kids 3-5

Required IFSP for children birth-3

Funds provided for services like “Babies Can’t Wait”

Public Law 108-446

(2004)

Teachers must be highly qualified (dual certification required in both gen ed and spec ed)

Defined “Limited English Proficient” to rule out if that is what is causing the disablity

Speech ; Lang services available to private school kids, but they must go to local public school for those services

Public Law 101-336

(1990)

Extended section 504 to every place not just schools

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