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Constitution - ANSWER the constitutional provisions for spending money to protect the general welfare (which is the basis for Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act and fourteen amendment (due process and equal protection clauses) IDEA - ANSWER authorizes the expenditure of federal funds to subsidize special education provided by the individual states Section 504 - ANSWER requires that programs receiving federal financial assistance not discriminate on the basis of disabilities ADA - ANSWER prohibits public and private schools from discriminating on the basis of disabilities Case law - ANSWER common law (developed by courts) Dicta - ANSWER broader pronouncements and they provide guidance to potential litigants about their chances of success should they decide to seek a remedy in the courts stare decisis - ANSWER courts are bound to render decisions consistent with previous decisions in the same jurisdiction and with decisions of higher courts over that jurisdiction Judicial system - ANSWER federal and state courts and various appellate levels 51 court systems three-tiered the names of these courts vary from state to state: superior court, court of appeals, and supreme court federal courts - ANSWER U.S. Supreme court U.S. Court of Appeals U.S. District court State courts - ANSWER State supreme court State court of Appeals
State trial court petition for certiorari - ANSWER if the losing party submits a request to the Supreme court to consider the case. The request which the U.S. Supreme court can either accept or reject. writ of certiorari - ANSWER the justice will issue a request to send the case to the court Education for All Handicapped Children Act - ANSWER (1975) Federal funds available to states that developed plans to ensure education for all children with DA who were of school age. No cost Restrictive appropriate setting Provided under required procedural safeguards Changed to the IDEA (1997 and 2004) The Handicapped Children's Protection Act - ANSWER (1986) to allow for attorneys' fees in certain circumstances under the IDEA Brown v. Board of Education - ANSWER the philosophy of integration interim funding bill (1974) - ANSWER require states as a condition of receiving federal funds to adopt goals of providing full educational opportunities to all handicapped children Education for All Handicapped Children Act of 1975 - ANSWER to subsidize state and local educational agencies (children with DA age 3 to 21) 1970 Education of the Handicapped Act - ANSWER provided for grants to states to provide special education IDEA (2004) - ANSWER scientifically based early reading programs positive behavioral interventions and supports early intervention services to reduce the need to label children as disabled response to intervention Section 504 of the Rehabilitation Act (1973) - ANSWER made it illegal for any
Defenses in a Section 504 - ANSWER defense of immunity- state-waived immunity state agencies were immune from suits it would be unduly burdensome to provide reasonable accommodation to allow participation to persons with DA in a program Americans with Disabilities Act - ANSWER it does not require entities to be recipients of federal finanicial assistance Title II (applicable to public agencies, i.e. public schools) Title III (applicable to private providers of programs of public accommodation, which include private schools) Public and private schools are prohibited from discrimating on the basis of DA and are required to provide reasonable accommodations that do not cause an undue hardship Individuals with contagious diseases are protected from discrimination so long as they do not directly threaten the health or safety of others. protection to individuals who are associated with a DA
Federal appropriate public education - ANSWER emphasizes special education, related services, further education, employment, and independent living (IDEA)
least restrictive environment - ANSWER students with DA should be educated with students without DA to the maximum extent appropriate IEP - ANSWER team meet the unique needs of that specific child based on evaluations and other information about the child's needs and abilities (IDEA) Stages of the special ed. process - ANSWER IDEA identification evaluation
IEP development Placement decision-making implementation Due Process - ANSWER the parties can resolve a dispute that arise during the special ed. process No Child Left Behind - ANSWER develop state education standards with high expectations for all students statewide assessment testing personnel requirements the law divides students into various subgroups and requires students to meet the AYP highly qualified teacher requirements highly qualified teacher requirements - ANSWER teach " core academic subjects" BA licensure certification by the state in which they teach demonstrate compentency in the subject matter in which they teach paraprofessionals at Title I schools - ANSWER HS diploma Be supervised by a highly qualified teacher The law places limitations on the duties and tasks that a paraprofessional can perform State Education Statutes - ANSWER states are not required to follow the IDEA requirements if they do not want the federal funds. If they want federal funds, they must follow them. States may include gifted children disputes over which agencies are responsible Family Educational Rights and Privacy Act - ANSWER Buckley Amendment- access to and accuracy of students' records and permit parents and students over 18 years old to have access to their records
specific learning disability deaf-blindness multiple DA medically fragile child speech language impairment communication disorder
Developmental delays - ANSWER three to nine physical dev. cognitive dev. communication dev. social or emotional dev. adaptive dev.
related service providers - ANSWER speech and language therapists, physical therapists, occupational therapists, school social workers, counselors, nurses, physicians, individuals (transportation services), paraprofessionals
Fourteenth Amendment - ANSWER states may not deprive their citizens of "equal protection of the laws"
IDEA requirements for children - ANSWER ages 3 to 21 suspended or expelled students additional limitations on incarcerated individuals private schools do not need to provide services
Zero reject - ANSWER states are provide ed. to all children with DA and a few courts found that some children are uneducable
Parent Consent (IDEA) - ANSWER clear notice for parents to read in the parents' native language the parent needs to sign the notice If the parent disagres, the school may try to override the parent's refusal to consent by going thru the dispute resolution process
Response to Intervention - ANSWER wait to fail model- the performance or achievement must be enough bad before the student is eligible to receive special ed. services (severe discrepancy model) Not a good idea scientific, research-based intervention students do not meet the state-approved grade-level standards Data is based on the instruction in regular education settings (if students have not respond to instruction)
Individualized Education Program - ANSWER a written statement that provides information about the child's unique needs and the special ed. and related services that the child will receive If the parents cannot appear, other methods of participation can be used regular ed. teachers must participate in the dev. of the IEP
potential maximization standard - ANSWER the IDEA does not require it, some states have done so. The higher stand still does not require that the best possible ed. be provided. FAPE is something in between the best and the minimum and varies from student to student depending on the students' needs and abilities
full-time special class, special day school, and residential school
Private Schools - ANSWER public agency placement in private schools (if the public school is not able to implement the student's IEP Is otherwise not an appropriate placement for students, the team may decide to place the student in a private school to receive special ed. and related services. The students are entitled to the full array of services and procedural protections under the IDEA
unilaateral placement - ANSWER the parents place their child in the private school without the agreement or assistance of the local school district and then try to recover the costs for the placement from the public school when FAPE is at issue
IDEA for private schools - ANSWER the federal grant statutes must not support the establishment of religion
ADA for private schools - ANSWER mandates private school responsibility for reasonable modifications (such as barrier removal or assistance in providing asthma medication) does not require private schools to develop IEP or to provide procedural safeguards
Residential placements - ANSWER extremely expensive individuals with a severe or profound DA who needs highly intensive programming very restrictive uneducable approach
Separate and balance approach - ANSWER involves an attempt to separate a
child's ed. needs from other needs including those commonly referred to as medical, custodial, social, emotional, and behavioral
interwined needs approach - ANSWER to separate the needs but recognizes that in certain cases, such as children with multiple and severe DA, this will not be possible
variety of settings - ANSWER traditional institution group homes foster care the school is not required to pay for medical expenses involving in a residential placement out of state or private facility
School through vouchers - ANSWER private schools, the charter schools, and magnet programs may not provide access to ed. to students with DA or equivalent basis They would violate Section 504 and the ADA if they discriminate against students with DA the charter schools, which receive federal funding are not exempt from IDEA
Graduate requirements - ANSWER minimum competency testing No Child Left Behind requires students with DA are required to meet these kinds of state standards
Compensatory education - ANSWER which require the school to provide services even after graduation with a regular diploma
they do not mean that these rights must be provided at no cost
Which public agency is responsible? - ANSWER undecided state ed. agency or local agency state ed. agency has the responsibility for providing special ed. under the IDEA the local agency have been given the primary respnsibility of providing direct services for most types of placemnt the state pay for the residential programs and placements
residency issues - ANSWER the parents have later moved residential placement foster home guardian or someone other than the parents
statewide intragency coordinating council - ANSWER parents, service providers, state legislators, individuals involving in personnel prep., representationfrom early intervention service agencies, preschool providers, state medicaid agencies, Head start, child care agencies, health insurance agencies, homeless children and youth coordinators, foster care representatives and mental health agencies,and other members
Rehabilitation Act and the Americans with Disabilities Act - ANSWER the child would be entitled to reasonable accommodations or modifications for the DA under the section 504 or the ADA or both
Due Process procedures under the IDEA - ANSWER parents the right to notice the right to participate in team meetings held to make decisions about the child the right to consent
notice - ANSWER written notice when the public agency or school proposes to initiate or change, or refuses to initiate or change, the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to the child clear notes in the native language
participation - ANSWER parents as full team members during the IEP and placement meetings If parents cannot show up, the IDEA requires the school to make efforts to ensure parental participation at meetings
- 10 days notice
- Conference calls
- Video conference
- Visits to the parents' home or place of employment
Consent - ANSWER consent for evaluation and reevaluation and related services excusing team members from the IEP When a school wants to access the parents' private insurance to hep cover the costs of services States to require consent for other services and activities in the special ed. process If the parent disagrees with IEP changes, they have a right to the due process and stay-put provisions have been interpreted to require the services under the last agreed-upon IEP to continue to be provided until the dispute over the changes in the new IEP is resolved
When are Due Process Procedures Triggered? - ANSWER Change in placement Disciplinary removals
Manifestation determination - ANSWER the IEP team must consider all relevant info. in terms of the behavior subject to disciplinary action including the student's file, the child's IEP, teachers' observations, and any relevant info.
- If the conduct in question was caused by or had a direct and substantial relationship to, the child's disability
- If the conduct in question was the direct result of the school's failure to implement the IEP If the team believes in the manifestation determination, they must conduct a functional behavioral assessment and develop behavioral intervention plan
What if the parents disagree with the manifestation determination, what can they do? - ANSWER They can appeal
Stay-put - ANSWER the law require the student to stay in his or her current placement until the issue is resolved
How many days can schools remove a student to an interim alternative educational setting? - ANSWER not more than forty-five school days
What are the reasons for the student at the interim alternative educational setting? - ANSWER carries or possesses weapons at school, on school premises use illegal drugs or sells or solicits a controlled substance at school, on school premise or at a school function inflicts serious bodily harm upon another person at school, on school premise, or at school function
Incarcerated Juveniles - ANSWER a student that is from 18 to 21 who was not identified as a child with a DA prior to incarceration, and who did not have an IEP prior to incarceration is not entitled to FAPE if state law does not required it.
statewide assessments and transitions services do not apply to students
Due process procedures under the IDEA - ANSWER administrative due process hearing medication filing a complaint with the state department of ed.
Impartial Due Process Hearing - ANSWER disagreement about a proposed identification, evaluation, or placement or FAPE two-year statute of limitations to file a request for due process the request
the request for impartial due process hearing - ANSWER the name and address of the student and the school the student is attending description of the nature of the problem including facts relating to such problem proposed resolution of the problem to the extent known and available fifteen days to notify the hearing officer that the request is not sufficient after the request The parties must conduct a "resolution meeting" within 15 days of the school receiving notice of the parents' request for due process. If the parties do reach an agreement, a written settlement agreement explaining the agreement is drafted and signed by the parties three days to review and sign School attorneys are not allowed the resolution meeting the local or state ed. agency appoint the hearing officer the hearing officer must be impartial and may not be an employee of the agency the qualifications of the hearing officer must have the knowledge and the ability
or federal court. It must be in secret.
Redress - ANSWER Some situations in IDEA do not provide redress'Section 504 and ADA provides certain protections (example: a student has been discriminated against based on the DA and seeks monetary damages as a remedy
Who is covered? - ANSWER individuals with associational status ( ex. a school could not prohibit the attendance of a child whose parent had tuberculosis under the ADA) section 504- protect individuals with infectious diseases in 1987 section 503 and 504 do not include individuals who have contagious diseases or infection that would be a direct threat to the health or safety of other individuals or is not able to perform the duties of the job HIV positive may be under the ADA and Section 504 Programs subject to section 504 or the ADA are not obligated to make substantial modifications or fundamental alternations to the program to accommodate the DA Programs are required to make reasonable accommodations where these do not pose an undue hardship on the program
CDC recommendations - ANSWER case-by-case decision making by the team presumption of inclusion for most children more restricted environment for preschool and neurologically impaired children until further stud of transmission in these settings is done precautions in handling child's bodily fluids routine procedures for handling bodily fluids of all children
continuing monitoring of the child's hygienic practices and appropriate responses to any changes children in risk groups no mandatory screening as a condition of enrollment
Disadvantages for section 504, ADA, Civil Rights Act - ANSWER they do not have the built-in administrative deadlines
Section 504 plans in schools - ANSWER reason for referral eligibility determination performance data staff info. parent/ student info. specification of the impairment major life activity the degree to which it is affected
504 accommodation plans - ANSWER basis for determining eligibility goals of the plan specific services accommodations modifications assistive technology to be provided When, where, and who will provide these services
