Laws and Family Rights

Why are federal laws important?  Empowers families to advocate for their children  Aids individuals with disabilities in decision making  Assists professionals in: Understanding service delivery systems Protecting civil rights of students Collaboration with other agencies

Prior to Laws VS. With Laws  Blame Parents  Parents responsible for education  Parent Organizations  Parents as Advocates  Parents as Partners  School systems: standards-based reform one-stop-shopping

Major Pieces of Legislation  1970 Right to Education  1973 Civil Rights Section 504  1976 PL-142; now known as IDEA (3- 21)  1986 (birth - 2 years)  1990 added autism, TBI  1994 reinterpretation of IDEA adding ADHD under OHI

Section 504 of the Vocational Rehabilitation Act of 1973  Extends civil rights in public sector to people with disabilities of all ages...”no otherwise qualified handicapped individual shall, based solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in any program or activity receiving federal financial assistance.”

Section 504 of the Vocational Rehabilitation Act of 1973  Very broad definition of disability  Requires that reasonable accommodations be made  Is a discrimination statute -- NOT an entitlement statute

P. L Individuals with Disabilities Education Act of 1990  IDEA  Formerly P.L Education for all Handicapped Children Act of 1975  Provides an educational services for all children with disabilities  THE LAW OF SPECIAL EDUCATION

Education for All Handicapped Children Act (P.L ) passed in 1975, which equals IDEA passed in 1990 Funding statue: all school age children with disabilities must be provided with FAPE Reinterpretations of IDEA =  1990 added autism and traumatic brain injury and transition services  1992 added AD/HD to be covered under OHI

They are considered disabled if: 1.They have a physical or mental impairment which substantially limits one or more major life activity 2. History 3. Treated by the district as having 4. Limited by the attitudes of others 5. They are treated by the district as handicapped but have no symptoms

Six Major Principles of IDEA 1.Zero Reject (FAPE)  Schools must enroll all children  Closes service gap  Closes age gap

Six Major Principles of IDEA 2.Nondiscriminatory Testing Types of tests Administration of tests Number of tests Breadth of evaluation Timing of evaluation Parental consent and notice Interpretation

Six Major Principles of IDEA 3.Appropriate Education Schools must develop and implement individualized education program (IEP) for eligible students Program will be tailored to meet needs of individual Program is revised at least every year -- more often as necessary

Six Major Principles of IDEA 4.Least Restrictive Environment LRE Educate students with disabilities with nondisabled as much as possible

Six Major Principles of IDEA 5.Due Process Safeguards to protect the rights of students and parents

Six Major Principles of IDEA 6.Parental Participation Must involve parents in every step of the process

1997 Amendments to IDEA  Performance goals and indicators  Participation in assessments  Description of behavior management plan

Who is covered under IDEA? Students ages 3-21 with one or more of the following disabilities: Deaf-blindHearing Impaired Mental RetardationMultiple Disabilities Orthopedic-ImpairedOther Health Impaired Serious Emotional DisturbanceSpecific Learning Disability Speech or Language ImpairmentVisual Impairment AutismTraumatic Brain Injury

Americans with Disabilities Act of 1990 (ADA)  To eliminate discrimination against people with disabilities  Extends civil rights protection to private sector  Physical or mental impairment that limits a major life activity  Guarantees accessibility for individuals with disabilities

IDEA vs. 504 Placements 1.Educational Benefits? 2.Nonacademic benefits? 3.Effect on behavior of others? 4.Cost too expensive in general ed.?

Perkin’s Act 1984 Extends the rights IDEA students to vocational education Integrates academics and vocational education

Defining Special Education Special education as a process Special education is a process to identify and remediate students

Initial Referral Student Returns to Regular Class Student is Successful Student Found Eligible IEP Developed Student is Assessed Place Student Develop Intervention Intervention Ineffective Student Ineligible

School & Law

Name the Law Extends civil rights to people with disabilities in the public sector. a.IDEA b.ADA c.Section 504 d.Perkin’s

Name the Law Extends civil rights to people with disabilities in the private sector. a.IDEA b.ADA c.Section 504 d.Perkin’s

Name the Law Requires that schools enroll all children regardless of the severity of disability. a.IDEA b.ADA c.Section 504 d.Perkin’s

Name the Law Requires that an IEP be developed for eligible children. a.IDEA b.ADA c.Section 504 d.Perkin’s

Name the Law Requires unbiased assessments. a.IDEA b.ADA c.Section 504 d.Perkin’s

 Vocational Rehabilitation Act – 1973 Section 504 Provisions for FAPE?