1. Legal and Ethical Issues
Chapter 2
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Terry Overton Assessing Learners with Special Needs, 5e

2. Origins of Law Federal Law Federal Regulations State Law
State Regulations
Local Education Agency Policy
Interpretation of Law Through Litigation
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Terry Overton Assessing Learners with Special Needs, 5e

3. Current Federal Laws of
Special and General Education
P.L Now IDEA
2004 Amendments of IDEA
Section 504
Early Childhood
No Child Left Behind
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Terry Overton Assessing Learners with Special Needs, 5e

4. Disability Litigation Begins
Extended the right to special education to children of all disabilities
1972
Mills v. Board of Education
Tests used for eligibility for special education must be non-discriminatory
Larry P. v. Riles
Guaranteed special education for children with mental retardation
PARC
Basis for future rulings that children with disabilities cannot be excluded from school
1954
Brown v. Board of Education
Importance
Date
Case

5. Who Receives Special Education?
Visual impairment
Traumatic brain injury
Other health impairments
Specific learning disability
Speech or language impairment
Orthopedic impairment
Multiple disabilities
Mental retardation
Hearing impaired
Emotional disturbance
Developmental delay (3-9)
Deaf-blindness
Autism

6. Prevalence

7. Major Components of IDEA
Zero Reject
Free Appropriate Public Education
Non-Discriminatory Assessment
Individualized Education Program
Least Restrictive Environment
Due Process
Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.
Terry Overton Assessing Learners with Special Needs, 5e

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 or
within 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 work
Therapy- physical, speech and language, occupational
Access- transportation, mobility

11. Major provisions of IDEA
# 2- Nondiscriminatory and Multidisciplinary Assessment
Testing 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 Assessment
Testing 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 Involvement
Informed 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 parents
special education teacher,
general education teacher
representative 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 parents
Present level of performance
Measurable annual goals
Instructional objectives
Degree of participation in general education
Dates of initiation of services
Annual 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?
Mediation
Impartial professional meets with each party to try to resolve the dispute
Due process hearing
Formal procedure often resembling a trial
Impartial hearing officer makes decision
Decision may be appealed

20. No Child Left Behind Act of 2001 PL 107-110
Reauthorization of the Elementary and Secondary Education Act
All pupils will demonstrate proficiency in mathematics, reading and science
Annual testing will show adequate yearly progress (AYP)
Consequences for lack of AYP= parent may transfer their child to another school
Highly qualified teachers and aides

21. Individuals with Disabilities Education Improvement Act 2004
Highly Qualified Special Ed. Teachers
in every core subject they teach
May use response to intervention (RTI) as part of evaluation procedures
Amendments can be made to an IEP for minor changes without a meeting

22. Changes in the IDEA 2004 Amendments
More emphasis on accountability of
achievement of students in special education
Reduction in unnecessary paper work for teachers
Reduction of non-instructional time spent by teachers
Provision of additional means of resolving disagreements between parents and schools
Increasing early intervention activities and
aligning with No Child Left Behind
Requiring highly qualified teachers
Improvement of previous discipline policies
Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.
Terry Overton Assessing Learners with Special Needs, 5e

23. Changes in the IDEA Amendments Continued
Flexibility in spending with up to 15% of IDEA
funds to be used on early intervention activities.
Transition needs must be addressed in the child’s
IEP which is in effect when the child is 16 years
of age.
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Terry Overton Assessing Learners with Special Needs, 5e

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. Definitions
Having 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:
employment
transportation
public accommodations
government
telecommunications

27. Section 504 (in the school system)
* A civil rights law
* Protects persons with disabilities and other
conditions from discrimination in programs
receiving federal assistance
“Fair and level playing field.”
Requires that schools make reasonable
accommodations to ensure that discrimination
does not occur
* Requires periodic evaluations
* Has grievance procedures
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Terry Overton Assessing Learners with Special Needs, 5e

28. PL Early Childhood
Set forth the guidelines for services for infants
and toddlers.
Many of these guidelines were incorporated into
the 1997 Amendments of IDEA.
Family provides direction for the assessment plan.
Individual Family Service Plan must be designed
for each infant or toddler.
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Terry Overton Assessing Learners with Special Needs, 5e

29. IDEA 2004 and Evaluation Procedures
Schools are required to conduct full individual
evaluations before a student can receive
special education support services.
Schools are required to conduct reevaluations
as needed to determine when services need
adjustment or to determine when a child no
longer requires special education support.
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 or
within the timeframe established by the state.
Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved.
Terry Overton Assessing Learners with Special Needs, 5e