Legal Aspects of Special Education and Social Foundations

1
Legal Aspects of Special Education and Social
Foundations

• The Individuals with Disabilities Education Act

2
Historical Development

• State and local control of educating students
  with disabilities
• ESEA of 65 began federal funding initiatives
• EHA signed in 1970, amended in 75 - EAHCA -
  94-142
• Amended in 1990 and became IDEA - 101-476

3
Education of the Handicapped Act

• Consolidation of laws
• Increased federal funding
• Funded higher education
• Funded regional centers

4
Legislation of 72

• PARC v. Pennsylvania and Mills v. D.C. Board of
  Education
• Access to public education
• Procedural rights
• Led to amendments
• Full opportunities
• Procedural safeguards
• LRE

5
Amendments of 75

• High level of exclusion
• Inadequate programming
• Four bills introduced
• Extension of EHA
• Research autism
• Preschool screening
• Comprehensive education
• FAPE for all by 1976

6
Congressional Statement

• Disability is part of human experience
• Does not diminish right to participate or
  contribute
• National policy assures education
• Equal opportunity
• Full participation
• Independent living
• Self-sufficiency

7
Limitations

• Increased exclusion
• Inadequate services
• No diagnosis
• Lack of resources

8
Purpose

• FAPE - Special education and related services
• Preparation
• continued education
• Employment
• independent living
• Ensure rights
• Assist agencies

9
Procedural Rights

• Individualization
• Categorical approach
• Educational impact

10
Categories

• Autism
• Deaf-blindness
• Deafness
• Hearing impairment
• Mental retardation
• Multiple disabilities
• Orthopedic impairments

11
Categories

• Other health impairmentt
• Emotional disturbance
• Specific learning disability
• Speech or language impairment
• Traumatic brain injury
• Visual impairment, including blindness

12
Age requirements

• Special education and related services required
  for ages 3-21
• Identification and evaluation for ages 3-5 and
  18-21
• All states required for ages 6-17, optional if
  not required for ages 3-5 and 18-21 if education
  is not required for non-disabled

13
Amendments

• 1986 - 99-457 - ITDA - incentive grants provided
  for ages B-2
• Transitional plan required when child turns 3
• Interagency collaboration required
• Targeted population
• Developmental delays
• Diagnosed condition

14
Four Subchapters

• General provisions
• Plan for assistance
• Grants to support B-2
• Improvement plan

15
Part A

• Findings
• Definitions
• Highly qualified teacher
• Goals of IDEA

16
Part B

• Educational requirements
• State grant program (plan for FAPE)
• Procedural safeguards
• Provisions

17
Provisions

• Zero reject
• Identification and Evaluation
• FAPE
• LRE
• Procedural safeguards
• Technology-related assistance
• Personnel development
• Parental participation

18
Zero reject

• All qualifying students
• Child Find
• Including public and private
• Not parents responsibility

19
Identification and Evaluation

• Ensure appropriate evaluation
• Protection in Evaluation Procedures (PEP)
• Protects against inappropriate testing or
  improper placement
• Ensures timeline

20
Free Appropriate Public Education

• Parents participation
• Public expense
• Standards of SEA
• Appropriate education
• Meet IEP requirements

21
Least Restrictive Environment

• Educated with peers to maximum extent
• Removed to separate classrooms only if
  appropriate education can be met secondary to
  disability
• Inclusive opportunities must be provided when
  appropriate

22
Procedural Safeguards

• Parents are EQUAL participants
• Four components
• General safeguards
• Notice
• Consent
• Independent educational evaluation
• Surrogate parent
• Dispute resolution - SEA or LEA
• Stay-put provision

23
Technology-Related Assistanced

• Devices
• Services

24
Personnel Development

• Development grant
• Highly qualified standards

25
Parent Participation