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Welcome back!. The Current Structure of Special Education in Our Schools. Subtitle: A brief history of legislation and litigation in the United State. Litigation = Structure. We’re going to work backwards in time. Today’s lecture is about what currently is mandated for special education

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  1. Welcome back!

  2. The Current Structure of Special Education in Our Schools • Subtitle: A brief history of legislation and litigation in the United State. • Litigation = Structure

  3. We’re going to work backwards in time • Today’s lecture is about what currently is mandated for special education • Monday’s lecture is about how • special education has changed since 1975 • Education in general has changed since 1954 • Education may change in the future

  4. IDEA Individuals with Disabilities in Education Act 1990 1997 2002 2004 2008 ADA Americans with Disabilities Act 1990 2008 ADAA (Americans with Disabilities Act Amendments) Two Laws that affect Special Educational Needs

  5. ADAA: Americans with Disabilities Act Amendments • 1990 • Civil Rights law • National Law to prevent discrimination of persons due to disability in every aspect of public life • Structural discrimination • Procedural discrimination

  6. ADAA:continues • Employment • Transportation • Public accommodations • State/Local government • Telecommunication situations

  7. Look around you for the legacy of ADAA at IUP • State University = public entity • Every aspect of everything done/repaired/built at IUP must conform to ADAA • Find at least 3 things in the Olive Mae that are a result of ADAA compliance. • Notice the ADAA accommodations in the public spaces of IUP.

  8. Section 504 of ADAA • Section 504 states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service.

  9. 504 plans • Students who have a disability may not qualify for special educational services… • …but may receive protections due to their disability. • Let’s take a look at a 504 form, shall we? • What kinds of ‘protections’ might be needed?

  10. When special educational services are needed • IDEA laws come into effect. • Individual Education Plan/Program • IEP

  11. IDEA: Individuals with Disabilities in Education Act • 6 Principles • Zero Reject • Nondiscriminatory Evaluation • FAPE • LRE • Due Process • Parental Involvement

  12. Zero Reject • No child can be denied a K-12 education. • Matriculation • Expulsion

  13. $20,000 question • So what does a school district do with a child who • is violent? • Is severely/profoundly • cognitively impaired? • Physically impaired?

  14. Nondiscriminatory Evaluation • Child Study • Performed by various professionals in the school system • School psychologist • Counselor • Therapists • Etc. • These professionals, along with key teachers, parents and sometimes student, create the IEP ‘team’

  15. FAPE • Free and Appropriate Public Education • What is the definition of ‘appropriate’? • An education where the student is receiving ‘benefit’ • FAPE is provided individually through the IEP • Educational goals will be stated and measured in the IEP • All teachers are required to provide the adaptations stated in IEP documents

  16. LRE • Least Restrictive Environment • To the maximum extent possible, students with disabilities will be educated with students who are not disabled. • The environment where a student learns the best.

  17. Parents (or student) may challenge the IEP recommendations ‘challenge’ can become ‘litigation’ Parents are automatically assumed to be part of the IEP team. Procedural Due Process & Parental Involvement

  18. In review • Zero Reject • Nondiscriminatory evaluation • FAPE • LRE • Due Process • Parental Involvement

  19. NCLB in 2001 • Annual Yearly Progress (AYP) in math and reading • 2013-2014 school year • Federal Funding is tied to AYP • Wanna have some rhetorical fun? • Google ‘educational funding’ and see what comes up • http://www.elc-pa.org/pubs/downloads/english/fun-Education%20Funding%20System%20Explained%2011-07.pdf • http://www2.ed.gov/about/overview/fed/10facts/index.html • http://www.ed.gov/esea

  20. RTTT in 2009

  21. RTI • Responsiveness to Intervention • Silver bullet? • Or • A way to circumvent IEPs?

  22. Just for you! • http://www.ed.gov/fund/grants-college.html

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