Policies, Practices, and Programs 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) 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)

Key Special Education Legislation PL 94-142 (1975) PL 99-457 (1986 Amendments to PL 94-142 ) PL 101-476 (1990 Amendments to PL 94-142) Individuals with Disabilities Education Act (IDEA) PL 105-17 (1997 Amendments to IDEA) *PL = Public Law

PL 94-142 PL 94-142 (1975) Called the “Bill of Rights” for children with disabilities, the “legislative heart of special education,” and the “Parent’s Law.” PL 94-142 Key Ideas: Free Appropriate Public Education (FAPE) Least Restrictive Environment (LRE) Individualized Education Program (IEP) Procedural Due Process Nondiscriminatory Assessment Parental Participation

PL 99-457 Key Ideas (1986 Amendments to PL 94-142) 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)

PL 101-476 Key Ideas (1990 Amendments to PL 94-142) 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

PL 105-17 Key Ideas (1997 Amendments to IDEA) Disciplinary considerations IEP changes Related services expanded Mediation procedures developed Expanded category of developmental delay Evaluation and reevaluation requirements changed Performance goals/accountability

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.

Comparison of Key Features of IDEA and Section 504

Key Civil Rights Legislation Continued 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.”

Recent Educational Reform No Child Left Behind Act of 2001 (PL 107-110) Includes annual testing for schools to demonstrate adequate yearly progress of all students in mathematics and reading Individuals with Disabilities Education Improvement Act of 2004 (PL 108-446) reauthorizes IDEA Changes: IEP requirements Identification of students with learning disabilities Highly qualified special education teachers Discipline Due process Evaluation of students Assessment participation

Referral and Assessment Process for Special Education

Referral and Assessment Process for Special Education (continued)

Steps of the Special Education Process Prereferral Interventions are designed by a support team and implemented within the classroom to assist a struggling child Referral Child is referred for assessment Assessment Evaluation is conducted by a multidisciplinary team to determine if a disability is present

IEP Components Current performance Goals Special education and related services Participation with typical students Participation in state- and district-wide assessments Dates and locations Transition services Progress measuring Age of majority

Comparison of IEP and IFSP

Definitions of Educational Settings

Traditional View of Service Delivery Options

Percentages of Children with Disabilities Served in Various Educational Settings

Important Concepts LRE: Not a place but a concept Regular Education Initiative (REI): Focus on collaboration between regular and special educators to develop effective practices for all students Mainstreaming Questioned the practice of serving students with disabilities in self-contained classrooms Inclusion Full inclusion is the belief that all children with disabilities should be taught exclusively, with the appropriate supports, in the general education classroom