1. I NDIVIDUALS WITH D ISABILITIES Natalie Cantillo EDU 674

2. F OURTEENTH A MENDMENT The Equal Protection Clause (1868) is part of the fourteenth amendment to the United States Constitution. The clause, provides that no state shall deny to any person within its jurisdiction "the equal protection of the laws”.

3. R EHABILITATION A CT OF 1973 ( S ECTION 504 ) Protects qualified individuals with disabilities Individuals with disabilities are defined as persons with a physical or mental impairment that limits one or more major life activities Enforced by the Office for Civil Rights Applies to both public and private recipients of federal financial assistance Qualified individuals cannot be excluded from participation/benefits from recipient programs or activities Organizations and employers include many hospitals, nursing homes, mental health centers and human service programs

4. C ONTINUED …R EHABILITATION A CT OF 1973 ( S ECTION 504 ) Physical or mental impairment must limit one or more major life activities even with the help of medication or aids/devices Record of impairment must exist Examples of impairments are: AIDS, alcoholism, blindness or visual impairment, cancer, deafness or hearing impairment, diabetes, drug addiction, heart disease, and mental illness Reasonable accommodation means an employer is required to take reasonable steps to accommodate a disability unless it would cause the employer undue hardship.

5. C ONTINUED …R EHABILITATION A CT OF 1973 ( S ECTION 504 ) A recipient of Federal financial assistance may not, on the basis of disability: Deny qualified individuals the opportunity to participate in or benefit from federally funded programs, services, or other benefits. Deny access to programs, services, benefits or opportunities to participate as a result of physical barriers. Deny employment opportunities, including hiring, promotion, training, and fringe benefits, for which they are otherwise entitled or qualified.

6. A MERICANS WITH D ISABILITIES A CT ( ADA ) Signed into law on July 26, 1990, by President George H.W. Bush “equal opportunity" law for people with disabilities Schools do not receive federal aid Title II- applies to public schools Title III- applies to private schools Civil rights legislation that prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else Guarantees employment opportunities, purchase of goods and services, and participation in state and local government programs and services

7. I NDIVIDUALS WITH D ISABILITIES E DUCATION A CT ( IDEA ) Law that ensures services to children with disabilities throughout the nation States that receive federal funds are required to provide a “free appropriate public education " to all children with disabilities in the "least restrictive environment” Governs how states and public agencies provide early intervention, special education and related services to eligible infants, toddlers, children and youth with disabilities Infants and toddlers with disabilities (birth-2) and their families receive early intervention services Children and youth (ages 3-21) receive special education and related services

8. C ONTINUED … I NDIVIDUALS WITH D ISABILITIES E DUCATION A CT (IDEA) The statute has two key components: Due process provisions detailing parental rights. A permanently authorized grant program that provides federal funding to the states.

9. C ONTINUED … I NDIVIDUALS WITH D ISABILITIES E DUCATION A CT (IDEA) In order to receive funds states must provide a free, appropriate public education to all disabled students, which: 1) Is provided at public expense, under public supervision and direction, and without charge 2)Meets the standards of the state education agency 3)Includes an appropriate preschool, elementary school, or secondary school in the state 4)Is provided in conformity with the Individual Education Program established for the child

10. I NDIVIDUALIZED E DUCATION P ROGRAMS ( IEP ) Individual Identification Evaluation IEP Team IEP Preparation http://www.youtube.com/watch?v=9DktV772njY

11. R ELATED S ERVICES Transportation Speech pathology Audiology Interpreting services Psychological services Occupational therapy Social work services Mobility services School health services Counseling

12. § 1415. P ROCEDURAL S AFEGUARDS Any state educational agency, state agency, or local educational agency that receives assistance must ensure that children with disabilities and their parents are guaranteed procedural safeguards with respect to the provision of a free appropriate public education Parents have the right to examine all records, participate in meetings, evaluation, and educational placement of the child Procedures to protect the rights of the child whenever the parents of the child are not known Written prior notice to the parents of the child (in native language) Opportunity for mediation or complaints

13. B OARD OF E DUCATION V. R OWLEY (1982) Parents request a private language interpreter for their hearing impaired daughter IEP specified general ed. first grade placement, one hour of daily tutoring, speech therapy three hours weekly Student had an interpreter for two weeks in Kindergarten; interpreter and other educators discontinued services Supreme Court held that the student was receiving an appropriate education

14. I NDEPENDENT S CHOOL D ISTRICT V. T ATRO (1984) Child required clean catheterization every three to four hours Court found catheterization to be essential; could be performed by a nurse or trained staff Court ruled that service was not a medical service Service could not be excluded from IEP

15. C EDAR R APIDS C OMMUNITY S CHOOL D ISTRICT V. G ARRET F. (1998) School district brought action challenging administrative determination that district was required to provide nursing services to quadriplegic student under IDEA Child had severed spinal column and was paralyzed from the neck down To remain in school he required full-time nursing care Supreme Court ruled that any health service a student may need to participate in a school setting had to be provided

16. S CENARIO J OEY IS A FIRST GRADE STUDENT ON AN IEP AT J OHN D OE E LEMENTARY. H IS PARENTS FEEL THAT HIS FINE AND GROSS MOTOR SKILLS HAVE NOT IMPROVED THROUGHOUT THE SCHOOL YEAR. H IS PARENTS SEEK ADDITIONAL SUPPORT BUT THE ADMINISTRATION ASSURES THEM THAT THE CHILD IS MAKING ADEQUATE PROGRESS, AND THAT THEY ARE DOING EVERYTHING POSSIBLE TO HELP HIM. T HE PARENTS ASK FOR MORE SERVICES, SUCH AS OT 3 X PER WEEK FOR 30 MINUTES PER DAY INSTEAD OF 2 X FOR 20 MINUTES. T HE ADMINISTRATION ALONG WITH THE ESE SPECIALIST SAY NO. H IS PARENTS ARE TOLD THAT HE DOESN ’ T NEED MORE. T HEY CLAIM THAT J OEY IS GETTING THE MAXIMUM ALLOWABLE LEVEL OF SERVICES, ACCORDING TO THE DISTRICT POLICY.

17. G ROUP A CTIVITY Group 1- What are the mistakes that Joey’s IEP team made in this scenario? Group 2- How is IDEA being violated in this scenario? Group 3- How could John Doe Elementary correct or improve the situation at hand? Group 4- How do the § 1415. Procedural Safeguards play a role in this scenario?

18. R EFERENCES McCarthy, M., Cambron-McCabe, N., Eckes, S. (2014). Public school law: Teachers’ and students’ rights. NJ: Pearson Education, Inc. Individuals with Disabilities Education Act Overview. Retrieved from http://febp.newamerica.net/background- analysis/individuals-disabilities-education-act-overviewhttp://febp.newamerica.net/background- analysis/individuals-disabilities-education-act-overview Your Rights Under Section 504 of the Rehabilitation Act. Retrieved from http://www.hhs.gov/ocr/civilrights/resources/factsheets/504.pd f http://www.hhs.gov/ocr/civilrights/resources/factsheets/504.pd f