Special Education Law

1. 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. Special Education Law http://www.fldoe.org/ese/linkhome.asp

2. 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

3. Purpose of Special Education • 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. • Ensure student and parent rights are protected. • Assess and ensure the effectiveness of the IEP.

4. Key Federal Court Decisions • Brown v. Board of Education of Topeka (1954) - “separate but equal” (i.e., segregation by race) is not constitutional • Pennsylvania Association for Retarded Children v. Commonwealth of Pennsylvania (PARC), 1971 - “uneducable” or “untrainable” students can not be excluded from public education • Mills v. Board of Education (1972) - a) broadens the scope of PARC to included students with other disabilities, b) all children of school age should be provided with free and suitable public education, and c) no exclusion due to insufficient funds

5. 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 supervision • Meet the state educational standards • Comply with the child’s IEP • Confer 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?

6. The Big Three - Disability Legislation • Individuals with Disabilities Education Act (IDEA) - 2004 • Section 504 - Rehabilitation act of 1973 • Americans with Disabilities Act (ADA) - 2008

7. 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.

8. Major Tenets of IDEA • Applies to children ages 3 - 21 • Zero reject - nonexclusionary education • FAPE - Free appropriate public education • LRE - Least restrictive environment • Nondiscriminatory evaluation • Due process • Transition planning • Adequate yearly progress • Advocacy • Confidentiality • Noncompliance - lawsuits • Person first language

9. 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.

10. 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

11. Students served under Section 504 Students served under IDEA Visual representation of school-aged populations served under IDEA and Section 504

12. Student Need IEP Developed Adverse affect on educational performance? IDEA Eligible Not Eligible Consider IDEA Placement Options Not Eligible FAPE Related Services Consider 504 Disability substantially limits one or more major life activities No No Yes 504 Protected Reasonable Accommodations

13. 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

14. 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

15. 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

16. 6.5 Million Students Are Served Under IDEA Source: U.S. Department of Education (2012) Key SLD = Specific learning disability SLI = Speech or language impairment OHI = Other health impairment ID = Intellectual disability OI = Orthopedic impairment ED = Emotional disturbance DD = Developmental delay Multiple = Multiple disabilities OHI = Other health impairment (includes ADD) TBI = Traumatic brain injury