1. Legal Aspects of Special Education and Social Foundations The Individuals with Disabilities Education Act

2. Historical Development  State and local control of educating students with disabilities  ESEA of ‘65 began federal funding initiatives  EHA signed in 1970, amended in ‘75 - EAHCA - 94-142  Amended in 1990 and became IDEA - 101-476  State and local control of educating students with disabilities  ESEA of ‘65 began federal funding initiatives  EHA signed in 1970, amended in ‘75 - EAHCA - 94-142  Amended in 1990 and became IDEA - 101-476

3. Education of the Handicapped Act  Consolidation of laws  Increased federal funding  Funded higher education  Funded regional centers  Consolidation of laws  Increased federal funding  Funded higher education  Funded regional centers

4. Legislation of “72  PARC v. Pennsylvania and Mills v. D.C. Board of Education  Access to public education  Procedural rights  Led to amendments  Full opportunities  Procedural safeguards  LRE  PARC v. Pennsylvania and Mills v. D.C. Board of Education  Access to public education  Procedural rights  Led to amendments  Full opportunities  Procedural safeguards  LRE

5. Amendments of ‘75  High level of exclusion  Inadequate programming  Four bills introduced  Extension of EHA  Research autism  Preschool screening  Comprehensive education  FAPE for all by 1976  High level of exclusion  Inadequate programming  Four bills introduced  Extension of EHA  Research autism  Preschool screening  Comprehensive education  FAPE for all by 1976

6. Congressional Statement  Disability is part of human experience  Does not diminish right to participate or contribute  National policy assures education  Equal opportunity  Full participation  Independent living  Self-sufficiency  Disability is part of human experience  Does not diminish right to participate or contribute  National policy assures education  Equal opportunity  Full participation  Independent living  Self-sufficiency

7. Limitations  Increased exclusion  Inadequate services  No diagnosis  Lack of resources  Increased exclusion  Inadequate services  No diagnosis  Lack of resources

8. Purpose  FAPE - Special education and related services  Preparation  continued education  Employment  independent living  Ensure rights  Assist agencies  FAPE - Special education and related services  Preparation  continued education  Employment  independent living  Ensure rights  Assist agencies

9. Procedural Rights  Individualization  Categorical approach  Educational impact  Individualization  Categorical approach  Educational impact

10. Categories  Autism  Deaf-blindness  Deafness  Hearing impairment  Mental retardation  Multiple disabilities  Orthopedic impairments  Autism  Deaf-blindness  Deafness  Hearing impairment  Mental retardation  Multiple disabilities  Orthopedic impairments

11. Categories  Other health impairmentt  Emotional disturbance  Specific learning disability  Speech or language impairment  Traumatic brain injury  Visual impairment, including blindness  Other health impairmentt  Emotional disturbance  Specific learning disability  Speech or language impairment  Traumatic brain injury  Visual impairment, including blindness

12. Age requirements  Special education and related services required for ages 3-21  Identification and evaluation for ages 3-5 and 18-21  All states required for ages 6-17, optional if not required for ages 3-5 and 18-21 if education is not required for non-disabled  Special education and related services required for ages 3-21  Identification and evaluation for ages 3-5 and 18-21  All states required for ages 6-17, optional if not required for ages 3-5 and 18-21 if education is not required for non-disabled

13. Amendments  1986 - 99-457 - ITDA - incentive grants provided for ages B-2  Transitional plan required when child turns 3  Interagency collaboration required  Targeted population  Developmental delays  Diagnosed condition  1986 - 99-457 - ITDA - incentive grants provided for ages B-2  Transitional plan required when child turns 3  Interagency collaboration required  Targeted population  Developmental delays  Diagnosed condition

14. Four Subchapters  General provisions  Plan for assistance  Grants to support B-2  Improvement plan  General provisions  Plan for assistance  Grants to support B-2  Improvement plan

15. Part A  Findings  Definitions  “Highly qualified teacher”  Goals of IDEA  Findings  Definitions  “Highly qualified teacher”  Goals of IDEA

16. Part B  Educational requirements  State grant program (plan for FAPE)  Procedural safeguards  Provisions  Educational requirements  State grant program (plan for FAPE)  Procedural safeguards  Provisions

17. Provisions  Zero reject  Identification and Evaluation  FAPE  LRE  Procedural safeguards  Technology-related assistance  Personnel development  Parental participation  Zero reject  Identification and Evaluation  FAPE  LRE  Procedural safeguards  Technology-related assistance  Personnel development  Parental participation

18. Zero reject  All qualifying students  Child Find  Including public and private  Not parents responsibility  All qualifying students  Child Find  Including public and private  Not parents responsibility

19. Identification and Evaluation  Ensure appropriate evaluation  Protection in Evaluation Procedures (PEP)  Protects against inappropriate testing or improper placement  Ensures timeline  Ensure appropriate evaluation  Protection in Evaluation Procedures (PEP)  Protects against inappropriate testing or improper placement  Ensures timeline

20. Free Appropriate Public Education  Parents participation  Public expense  Standards of SEA  Appropriate education  Meet IEP requirements  Parents participation  Public expense  Standards of SEA  Appropriate education  Meet IEP requirements

21. Least Restrictive Environment  Educated with peers to maximum extent  Removed to separate classrooms only if appropriate education can be met secondary to disability  Inclusive opportunities must be provided when appropriate  Educated with peers to maximum extent  Removed to separate classrooms only if appropriate education can be met secondary to disability  Inclusive opportunities must be provided when appropriate

22. Procedural Safeguards  Parents are EQUAL participants  Four components  General safeguards  Notice  Consent  Independent educational evaluation  Surrogate parent  Dispute resolution - SEA or LEA  “Stay-put provision”  Parents are EQUAL participants  Four components  General safeguards  Notice  Consent  Independent educational evaluation  Surrogate parent  Dispute resolution - SEA or LEA  “Stay-put provision”

23. Technology-Related Assistanced  Devices  Services  Devices  Services

24. Personnel Development  Development grant  Highly qualified standards  Development grant  Highly qualified standards

25. Parent Participation