Teachers and the Law, 8e

1. Teachers and the Law, 8e by David Schimmel, Leslie R. Stellman, and Louis Fischer PowerPoint Presentation by Gerri Spinella, Ed. D

2. Chapter 17 Are There Special Rights for Students with Disabilities and Non-English-Speaking Students?

3. Key Concepts Educating Students with Disabilities Bilingual and Multicultural Education

4. Essential Question To what degree has your educational system been impacted by the requirements for students with disabilities and those with limited English proficiency?

5. KEY TERMS

6. Federal Laws • 1973 Section 504 of the Rehabilitation Act - (RHA) • 1974 Bilingual Education Act • 1975 Public Law No. 94.142 - (Education of All Handicapped Children) • 1986 Public Law No. 99-457 (Amendment to Public Law No. 94-142 • 2004 Individuals with Disabilities Education Act • 2005 Public Law No. 108-446 amended IDEA

7. Cases PA. Association for Retarded Children (PARC) vs. Commonwealth of PA. Mills v. Board of Education

8. Educating Students with Disabilities • Key Constitutional Provisions • Exclusion • Functional exclusion • Misclassification • Parc Case asserted violations of the equal protection and due process clauses • Mills Case – equal access • Public Law 94-142 “All disabled children between the ages of 3-21 must have ‘free’ appropriate public education.”

9. Appropriate Education • IEP • tailor made plan • careful assessment and evaluation • curricular plans and instructional approaches • periodic assessment • related services • assistive technology device • assistive technology service

10. Cases Board of Education v. Rowley Irving Independent School District v. Tatro Timothy W. v. Rochester School District 0

11. Written Notice using “language understandable to the general public” Testing must be nondiscriminatory as to language, race, and culture. Right to have independent testing Parents must have access to student records. Fair and impartial hearing Right for student to remain in current placement until due process proceedings are completed Surrogate parent may be appointed. Confidential child’s records Due Process Rights under Public Law 94-142

12. Discipline for Children with Disabilities • Manifestation determination • whether the misbehavior was a function of the disability • can be suspended for 10 or more days • Functional behavioral assessment • Behavior Intervention Plan Stay Put Provisions of IDEA-places the responsibility on the schools to assess misconduct behaviors in terms of disability Suspensions

13. Case Honig v. Doe

14. Placement Criteria - IDEA • Compare the benefits to the student of a placement in a segregated setting with the benefits of inclusion, supplemented with appropriate aides and services. • Consider the nonacademic benefits of interaction with regular education students. • Evaluate the effects of the inclusion on the regular classroom teacher and on the other students. • Consider the cost of the inclusion, or mainstreaming.

15. Case Mattie T. v. Holladay

16. PLACEMENT STUDENTS WITH SPECIAL NEEDS • Least Restrictive Environment • Home Instruction • Private Schooling • Private Sectarian Schooling an Alternative The provider of services determines the placement for special services for the children.

17. Case Johnson v. Independent School District No. 4 of Bixby

18. Bilingual & Multicultural Education Federal Laws do apply to the schooling of non- English-Speaking Children. • EEOA • Title VII, Bilingual Education Act • Title III , The English Language Acquisition Act

19. Case Lau v. Nichols

20. Initial Proceedings Defendant Answers (30 days) or motion to dismiss Facts of claim by plaintiff seeks Complaint Interrogatories Depositions Document Requests Discovery Begins Case Study Settlement Conference • Step by Step • In The • Court System OUTCOME EDUCATIONAL IMPLICATION

21. Reflection In what ways have the Constitution and legislation been used to gain a significant degree of equality in education for students with disabilities and those with limited English proficiency?