4 Disability Litigation Begins Extended the right to special education to children of all disabilities1972Mills v. Board of EducationTests used for eligibility for special education must be non-discriminatoryLarry P. v. RilesGuaranteed special education for children with mental retardationPARCBasis for future rulings that children with disabilities cannot be excluded from school1954Brown v. Board of EducationImportanceDateCase
5 Who Receives Special Education? Visual impairmentTraumatic brain injuryOther health impairmentsSpecific learning disabilitySpeech or language impairmentOrthopedic impairmentMultiple disabilitiesMental retardationHearing impairedEmotional disturbanceDevelopmental delay (3-9)Deaf-blindnessAutism
8 Initial referrals for evaluation may be made by the parent or by the school.Generally, parents must consent to evaluations.Evaluations must take place within 60 days orwithin the timeframe established by the state.
9 What is special education? The zero exclusion principle.“all students with disabilities receive at public expense the special education and related services necessary to meet their individual needs.”Related services - support services necessary for a student to benefit from their special education program.
10 Related Services Medical- nursing, nutrition Emotional/Social- counseling, social workTherapy- physical, speech and language, occupationalAccess- transportation, mobility
11 Major provisions of IDEA # 2- Nondiscriminatory and Multidisciplinary AssessmentTesting students in their native or primary language.Using valid tests and evaluation procedures prevent cultural or racial discrimination.Utilizing several pieces of information collected by a multidisciplinary team.
12 Major provisions of IDEA # 2- Nondiscriminatory and Multidisciplinary AssessmentTesting students in their native or primary language.Using valid tests and evaluation procedures prevent cultural or racial discrimination.Utilizing several pieces of information collected by a multidisciplinary team.
13 Major provisions of IDEA # 3- Parental Safeguards and InvolvementInformed Consent for testing and placement.Participate on the committee that considers the evaluation of, placement of, and programming for the child.To inspect and review educational records and challenge information if needed.To request a copy of information from the child’s educational record.To request a hearing.
14 Major provisions of IDEA # 4- The Individualized Education Program (IEP)The team responsible for developing the IEP include:the student’s parentsspecial education teacher,general education teacherrepresentative of the local education agency.The IEP team must also include a person who can interpret the instructional implications of evaluation results.
15 IEP Individualized Education Plan Individually tailored educational plan developed with the parentsPresent level of performanceMeasurable annual goalsInstructional objectivesDegree of participation in general educationDates of initiation of servicesAnnual evaluation
16 The IEP IDEA ‘04 requires that an IEP must include: A statement of the special education, related services, and supplementary aids and services that will be provided to the child to support them to:The extent, if any, to which the child will not participate with non-disabled children in the general education class.A statement of any individual appropriate accommodations to ensure academic achievement on State and district assessments.
17 Major Provisions of IDEA # 5- Education in the Least Restrictive Environment (LRE)Children with disabilities receive their education with non-disabled peers to the maximum extent appropriate.A continuum of placements must be available.
19 How are Disagreements Resolved? MediationImpartial professional meets with each party to try to resolve the disputeDue process hearingFormal procedure often resembling a trialImpartial hearing officer makes decisionDecision may be appealed
20 No Child Left Behind Act of 2001 PL 107-110 Reauthorization of the Elementary and Secondary Education ActAll pupils will demonstrate proficiency in mathematics, reading and scienceAnnual testing will show adequate yearly progress (AYP)Consequences for lack of AYP= parent may transfer their child to another schoolHighly qualified teachers and aides
21 Individuals with Disabilities Education Improvement Act 2004 Highly Qualified Special Ed. Teachersin every core subject they teachMay use response to intervention (RTI) as part of evaluation proceduresAmendments can be made to an IEP for minor changes without a meeting
24 The Americans with Disabilities Act (ADA) - 1990 Civil rights legislation to prevent discrimination on the basis of disability in private sector employment, all public services, public accommodations, transportation and telecommunications
25 DefinitionsHaving a physical or mental impairment that substantially limits an individual in some major life activity, and having experienced discrimination.No exclusive list of specific impairments covered by ADA.
26 Major provisions of the ADA The intent of ADA is to create a “fair and level playing field.”Reasonable accommodations in areas of:employmenttransportationpublic accommodationsgovernmenttelecommunications