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. Prevalence

6. Major Components of IDEA
Zero Reject
Free Appropriate Public Education
Non-Discriminatory Assessment
Due Process
Least Restrictive Environment
Individualized Education Program
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Terry Overton Assessing Learners with Special Needs, 5e

7. Non-discriminatory Assessment
Parental consent and involvement
Prereferral interventions before referral
Multiple measures used
Using valid instruments in manner for which they were designed
Use of culturally and linguistically fair methods
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Terry Overton Assessing Learners with Special Needs, 5e

8. 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
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Terry Overton Assessing Learners with Special Needs, 5e

9. 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

10. * Protects persons with disabilities and other
Section 504
* A civil rights law
* Protects persons with disabilities and other
conditions from discrimination in programs
receiving federal assistance
* 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

11. 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

12. No Child Left Behind *Requires accountability for the education of
all children
*Set forth the Adequate Yearly Progress
Standard
*Emphasis on Early Intervention
*Requires highly qualified teachers
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Terry Overton Assessing Learners with Special Needs, 5e

13. 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.
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Terry Overton Assessing Learners with Special Needs, 5e

14. IDEA 2004 and Evaluation Procedure, Continued
A reevaluation must be completed following the
referral if the LEA determines that the child’s
academic performance, behavior, or functional
skills or abilities warrant a reevaluation.
The reevaluation is not required when both the
parent and the LEA agree it is not needed.
*When a parent refuses consent for an initial
evaluation,the LEA may use due process
procedures to complete the evaluation.
Should the child be found eligible, parents must
consent to special education services or those
services cannot be provided.
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Terry Overton Assessing Learners with Special Needs, 5e

15. IDEA 2004 and Evaluation Procedures, Cont.
Should parents refuse consent, the child will not receive
services and the LEA is not obligated to provide FAPE.
When a child is a ward of the state or an unaccompanied
homeless child, efforts should be made to locate parents
for consent.
When the parents cannot be located or the parents’ rights
have been terminated, parental consent is not required for
evaluation.
Multiple measures must be used for the evaluation.
All assessment measures must be technically sound.
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Terry Overton Assessing Learners with Special Needs, 5e

16. IDEA 2004 and Evaluation Procedures, Cont.
All tests and assessments must be provided in the language
and mode most likely to yield information about what the
child knows and can do academically, developmentally, and
functionally unless it is not feasible to do so.
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Terry Overton Assessing Learners with Special Needs, 5e

17. IDEA 2004: Eligibility and IEPs
Eligibility must be determined by a team of
professionals.
Eligibility cannot be based on a lack of instruction
in reading or math.
Eligibility cannot be based on a child’s limited English
proficiency.
*In determining eligibility for services for learning
disabilities, the LEA shall not be required to take into
consideration whether a child has a severe discrepancy
between cognitive and academic ability.
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Terry Overton Assessing Learners with Special Needs, 5e

18. IDEA 2004: Eligibility and IEPs
A local education agency may use a process that
determines if the child responds to scientific,
research-based intervention as a part of the
evaluation procedures to determine if a child has a
learning disability.
IEPs shall include a statement of present level of
academic and functional achievement.
IEPs shall include a statement of measurable annual
academic and functional goals that address how the
child will make progress toward general education
curriculum.
IEPs shall include a statement of the child’s participation
with nondisabled students.
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Terry Overton Assessing Learners with Special Needs, 5e

19. IDEA 2004: Eligibility and IEPs, Continued
IEPs shall include a statement of the special education and related services
that will be provided to the student and where possible, these services
should be based on peer reviewed research.
IEPs are required to address benchmarks and short-term objectives only
for students who are the most severely cognitively disabled.
IEPs must contained detailed statements regarding any accommodations
needed for statewide assessments to assess achievement.
When the team determines that a student requires an alternative
assessment, the IEP must explain why the alternative assessment is
necessary and why a specific alternative assessment is appropriate.
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Terry Overton Assessing Learners with Special Needs, 5e