SPECIAL EDUCATION & THE LAW

SPECIAL EDUCATION & THE LAW WHAT EVERY EDUCATOR SHOULD KNOW A PRESENTATION BY: MARK LONG, GONZALO PITPIT, & MARK BARFIELD

Activator - Motivator Scenario – IEP Meeting at the Special Education Office

WHAT IS SPECIAL EDUCATION? *A FREE APPROPRIATE PUBLIC EDUCATION (FAPE) TO ALL THOSE STUDENTS WITH SPECIAL NEEDS *LEA’s must provide additional services, support, programs, placement, or accommodations, or those who qualify as special needs.

SPECIAL NEEDS IDENTIFIED (IDEA) SPECIAL NEEDS ARE DEFINED BY THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA) AS ONE (OR MORE) OF THE FOLLOWING • Autism, • deafness-blindness, • deafness, • emotional disturbance (SED, BEH, etc), • hearing impairment (ex-hearing aids, partial deafness), • mental retardation, • multiple disabilities, • orthopedic impairment (spinal bifida, cp, etc), • other health impairment, • specific learning disability (LD, dyslexia, etc), • speech or language impairment, traumatic brain injury (ex-memory loss, speech & hearing issues), • or visual impairment

HOW NC BREAKS DOWN • AUTISTIC (10,903) • DEAF-BLIND (39) • DEAFNESS (151) • DEVELOPMENTAL DELAY (13,165) • HEARING IMPAIRED (2,135) • ID-MILD (15,780) • ID-MODERAGE (3,662) • ID-SEVERE (745) • MULTIPLE DISABILITIES (2,333) • ORTHOPEDIC IMPAIRMENT (1,059) • OTHER HEALTH (29,897) • EMOTIONAL DISABILITY (7,190) • LEARNING DISABILTY (63,148) • SPEECH/LANG. IMPAIRMENT (33,568) • BRIAN INJURY (457) • VISUAL IMPAIRMENT (739) INSIDE THE NUMBERS… NCDPI (2009-2010) NUMBER OF STUDENTS ENROLLED IN NC PUBLIC SCHOOLS (K-12) 1, 475,668 NCDPI (2009) ALSO REPORTS THE FOLLOWING CASES OF SPECIAL EDUCATION STUDENTS IN NORTH CAROLINA SCHOOL SYSTEMS 184,971

THE LAW SPECIAL EDUCATION LAWS

SPECIAL EDUCATION LAWS OVER HISTORY • CIVIL RIGHTS MOVEMENT • LED TO TITLE I IN 1965 (PROVIDE FUNDING TO SCHOOLS WITH HIGH % OF POVERTY STRICKEN FAMILIES) • EDUCATION OF THE HANDICAPPED ACT (EHA) IN 1970 (FUNDING FOR PILOT PROGRAMS TO EDUCATE THE ‘HANDICAPPED’, FUNDING FOR HIGHER EDUCATION FOR SPECIAL EDUCATION TRAINING FOR FUTURE EDUCATORS) • P.L. 94-242 IN 1974 GAVE CHILDREN WITH DISABILITIES THE RIGHT TO A F.A.P.E. AND TO BE PLACED IN THE LEAST RESTRICTIVE ENVIRONMENT (LRE) • 1986 EHA AMENDMENTS EXTENDED THE F.A.P.E. TO INFANTS AND TODDLERS WITH EARLY INTERVENTION PROGRAMS

IDEA - 1990 • INDIVIDUALS WITH DISABILITIES ACT (1990) • ‘HANDICAPPED’ TO ‘DISABILITY’ • DISABILITIES RANGE WENT FROM 10 TOTAL TO 13 TOTAL • STATES ARE REQUIRED TO ENSURE THAT LOCAL SCHOOLS COMPLY WITH THE STATUTE REQUIREMENTS

IDEA - 1997 • PRESIDENT CLINTON SIGNED SEVERAL ADMENDMENTS TO THE IDEA OF 1990 • AMENDMENTS ENCOURAGED MORE MAINSTREAMED MEASURES FOR PLACEMENT • PROCEDURAL SAFEGAURDS, DUE PROCESS SAFEGUARDS • INVOLVEMENT OF PARENTS MORE EXTENSIVE • DISCIPLINE NOW FOCUSED ON FUNCTIONAL AND BEHAVIORAL PLANS • PERFORMANCE INDICATORS TO TRACK PROGRESS OF DISABLED STUDENTS • MODIFICATIONS FOR DISABLED STUDENTS FOR STATE AND DISTRICT TESTING

IDEA – 2004 • DEFINED HIGHLY QUALIFIED SPECIAL EDUCATORS • COMPLIANCE MONITORING TO FOCUS ON OUTCOMES • SIMPLIFIED DISCIPLINARY PROVISIONS BUT MAINTAINING M-D (MANIFESTATION DETERMINATION) AND F.A.P.E. REQUIREMENTS FOR MISBEHAVING STUDENTS

IDEA ELEMENTS *PROVIDES ELIGIBLE CHILDREN WITH A RIGHT TO F.A.P.E. *F.A.P.E. IS GOVERNED BY AN IEP (INDIVIDUAL EDUCATION PLAN) AND AN IEP TEAM IS PUT INTO PLACE TO ENSURE PROPER PLACEMENT *EVALUATIONS ARE BASED ON CHILD’S SPECIFIC NEDS *PROCEDURAL SAFEGARDS FOR PARENTS TO ENSURE MOST APPROPRIATE PLACEMENT

SECTION 504 REHABILITATION ACT AND AMERICANS WITH DISABILITIES ACT

SECTION 504 • SECTION 504 IS A CIVIL RIGHTS LAW THAT PROHIBITS THOSE INSTITUTIONS RECEIVING FEDERAL FUNDS FROM DISCRIMINATING AGAINST PEOPLE WITH DISABILITES • MORE BROAD BASED THAN IDEA AND PROTECTS MORE STUDENTS • STUDENTS PROTECTED UNDER IDEA ARE ALSO PROTECTED UNDER SECTION 504 BUT NOT ALL SECTION 504 STUDENTS ARE PROTECTED UNDER IDEA

SECTION 504 • TO QUALIFY FOR SECTION 504 STUDENTS MUST HAVE A PHYSICAL OR MENTAL IMPAIRMENT THAT SUBSTANIALLY LIMITS ONE OR MORE LIFE ACTIVITIES • SEEING, HEARING, WALKING, TALKING = MAJOR LIFE ACTIVITY • SECTION 504 ARE STUDENTS WHO CAN MEET ALL EDUCATION REQUIREMENTS WITH REASONABLE ACCOMODATIONS • EX.- EXTENDED TIME, NOTE TAKERS, BRAILE, INTERPRETER, ORALLY GIVING EXAMS

INDIVIDUALIZED EDUCATION PLAN (IEP) • IDENTIFYING STUDENTS WITH DISABILITIES • LEA’S HAVE THE DUTY TO IDENTIFY CHILDREN AGES 0-21 WHO ARE IN NEED OF SERVICES-KNOWN AS “CHILD FIND” • STUDENTS RECEIVING SERVICES UNDER IDEA MUST HAVE AN IEP, WHICH DEFINES HOW THE STUDENT WILL RECEIVE A F.A.P.E. • AN IEP IS DESIGNED TO MEET THE UNIQUE NEEDS OF THE DISABLED INDIVIDUAL, AND AN IEP TEAM IS FORMED TO ENSURE THE LEAST RESTRICTIVE ENVIRONMENT • IEP-PARENTS, GEN ED TEACHER, DISTRICT ADMINISTRATOR, SPECIAL ED TEACHER, OTHERS WITH EXPERTISE RELATIVE TO THE STUDENT’S NEEDS

IEP CONTINUED • SCHOOL OFFICIALS MUST ENSURE THAT PARENTS ARE INVOLVED IN THE IEP PLANNING, ADOPTION, AND IMPLEMENTION • WRITTEN CONSENT MUST BE OBTAINED BEFORE MOVING FORWARD WITH TESTING, IF PARENTS DO NOT RECEIVE PERMISSION OR REFUSE TO BE INVOLVED IN THE IEP MEETINGS, THEN DUE PROCESS ALLOWS THE SCHOOLS TO MOVE FORWARD • PROCEDURAL SAFEGUARDS HELP PROTECT PARENTS AND SCHOOLS UNDER IDEA

HOW MUCH DO YOU KNOW ABOUT SPECIAL EDUCATION LAWS? • CAN SCHOOL OFFICIALS REQUIRE STUDENTS WITH DISABILITIES TO TAKE HIGH-STAKES TESTS? • WHO IS RESPONSIBLE FOR IMPLEMENTING THE IEP ONCE ADOPTED? • CAN YOU EXPEL A STUDENT WHO IS IN SPECIAL EDUCATION? • CAN PARENTS REQUEST THAT THEIR CHILDREN BE REMOVED FROM SPECIAL EDUCATION PROGRAMS?

QUICK REVIEW • WHAT IS SPECIAL EDUCATION? • WHAT ARE THE THIRTEEN CATEGORIES OF DISABILITIES/IMPAIRMENTS PROTECTED UNDER IDEA? • WHAT ARE THE KEY COMPONENTS TO SPECIAL EDUCATION UNDER IDEA 2004? • WHAT IS SECTION 504 AND HOW IS IT DIFFERENT THAN IDEA? • WHAT IS AN IEP AND WHO NEEDS ONE?

SPECIAL EDUCATION & THE LAW