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Chapter Two

Chapter Two. Policies, Practices, and Programs. Key Special Education Court Cases. Brown v. Board of Education of Topeka, Kansas (1954) PARC v. Commonwealth of Pennsylvania (1972) Board of Education of the Hendrick Hudson Central School District v. Rowley (1982)

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Chapter Two

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  1. Chapter Two Policies, Practices, and Programs

  2. Key Special Education Court Cases • Brown v. Board of Education of Topeka, Kansas (1954) • PARC v. Commonwealth of Pennsylvania (1972) • Board of Education of the Hendrick Hudson Central School District v. Rowley (1982) • Daniel R.R. v. State Board of Education (1989) • Oberti vs. Board of Education of the Borough of Clementon School District (1992) • Cedar Rapids Community School District v. Garret F. (1999)

  3. Key Special Education Legislation • PL 94-142 (1975) Education for all Handicapped Children Act • PL 99-457 (1986 Amendments to PL 94-142) Education of the Handicapped Act Amendments of 1986 • PL 101-476 (1990 Amendments to PL 94-142) Individuals with Disabilities Education Act (IDEA) • PL 105-17 (1997 Amendments to IDEA) IDEA Act Amendments of 1997 • PL 108-446 (2004)Individuals with Disabilities Education Improvement Act of 2004

  4. PL 94-142 The Education for All Handicapped Children Act Called the “Bill of Rights” for children with disabilities, the “legislative heart of special education,” and the “Parent’s Law.” • Free Appropriate Public Education (FAPE) • Least Restrictive Environment (LRE) • Individualized Education Program (IEP) • Procedural Due Process • Nondiscriminatory Assessment • Parental Participation

  5. PL 99-457 Education of the Handicapped Act Amendments of 1986 Affected education and services for young children with special needs and their families • Preschoolers (age 3-5) • Children from birth through age 2 • Individualized Family Service Plan (IFSP)

  6. PL 101-476 Individuals with Disabilities Education Act (IDEA) • 1990 amendments renamed PL 94-142 as the Individuals with Disabilities Education Act (IDEA) • Current language used to describe people with disabilities • Individual Transition Plan (ITP) required • Expanded related services • Added autism and traumatic brain injury as distinct disability categories • States held accountable to implement law

  7. PL 105-17 IDEA Act Amendments of 1997 • Disciplinary considerations • IEP changes to support inclusion and transition • Related services expanded to include orientation and mobility services • Mediation procedures developed • Expanded category of developmental delay • Evaluation and reevaluation requirements changed • Federal funding changes • Performance goals/accountability

  8. PL 107-110 No Child Left Behind Act of 2001 Reauthorization of the Elementary and Secondary Education Act • Annual testing for all students in certain grades to demonstrate adequate yearly progress in mathematics, reading, and science • Public access to schools’ performance on tests • Provides for parental choice in schools that do not meet annual progress goals • Schools not making sufficient annual progress offer additional services to students • Highly Qualified status for teachers

  9. PL 108-446Individuals with Disabilities Education Improvement Act of 2004 • Special education services aligned with national school improvement efforts • IEP changes • Identification of students with learning disabilities through Response to Intervention (RTI) • Highly qualified special education teachers • Discipline • Due process • Evaluation of students • Assessment participation

  10. Key Civil Rights Legislation Section 504 of the Rehabilitation Act of 1973 • This act employs a broader definition of eligibility than IDEA and states that no individual can be excluded, solely because of their disability, from participating in any program or activity receiving federal funding, including schools. • Schools may be required to develop plans to meet the needs of students who require accommodations. • Section 504 covers the entire lifespan not just the school years.

  11. PL 101-336 (1990): Americans with Disabilities Act (ADA) • Designed to eliminate discrimination against people with disabilities in the pubic and private sectors. • Expanded definitions of eligibility may include people with AIDS, substance abuse issues, or any impairment that limits a major life activity. • Employers, mass transit systems, and companies who provide products and services must make “reasonable accommodations” for people with disabilities. View the ADA Video Library to watch videos related to the ADA

  12. PL 110-325: The Americans with Disabilities Act Amendments of 2008 • Reauthorization of the ADA; commonly called ADAA • Became effective January 2009 • Broader interpretation of disability includes additional life activities (reading, concentrating, thinking) or body functions (such as immune system or neurological functioning) • Interpretation of “substantial limitation” made without considering the effects of mitigating measures like medication or medical equipment

  13. Table 2.2 A Comparison of Key Features of IDEA and Section 504

  14. Identification and Assessment of Individual Differences • Interindividual differences are differences between students (examples: height, sports skill, reading ability) • Intraindividual differences are differences within a student (examples: individual strengths and weaknesses) • Both are important considerations for the IEP team and classroom teacher

  15. Referral and Assessment for Special Education Prereferral • Interventions are designed by a support team and implemented within the classroom to assist a struggling child. Referral • Child is formally referred for assessment. Assessment • Parental permission is obtained. Evaluation is conducted by a multidisciplinary team to determine if a disability is present. View this video for an example of the Referral Process

  16. Individualized Education Program(IEP) An IEP is created by a team that includes: • A parent/guardian • The student, when appropriate • The child’s teachers including a general education teacher and a special educator • A representative from the school district • An individual able to interpret the instructional implications of the assessments conducted • Other professionals as appropriate

  17. IFSP Components • Individualized Family Service Plan (IFSP) supports infants and toddlers with disabilities and their families. • Developed based on assessments by professionals and family input. • Goals developed to reflect the family’s priorities and needs. • Reviewed every 6 months

  18. Source:Adapted from Individuals with Disabilities Education Improvement Act of 2004, Title 20 U.S. Code (U.S.C.) 1400 et seq, Part B

  19. Cascade of Service Delivery Options • The Least Restrictive (LRE) option is the general education classroom because it provides the most access to children without disabilities. • Increased emphasis on providing supports and services within the general education classroom. • Students may need a more restrictive setting to meet their unique needs.

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