Legal Aspects of Special Education

and Social Foundations

Legal Aspects of Special Education

and Social Foundations

The Individuals with Disabilities Education Act

Historical DevelopmentHistorical 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

Education of the Handicapped ActEducation 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

Legislation of “72Legislation 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

Amendments of ‘75Amendments 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

Congressional StatementCongressional 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

LimitationsLimitations

Increased exclusion Inadequate services No diagnosis Lack of resources

Increased exclusion Inadequate services No diagnosis Lack of resources

PurposePurpose

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

Procedural RightsProcedural Rights

Individualization Categorical approach Educational impact

Individualization Categorical approach Educational impact

CategoriesCategories

Autism Deaf-blindness Deafness Hearing impairment Mental retardation Multiple disabilities Orthopedic impairments

Autism Deaf-blindness Deafness Hearing impairment Mental retardation Multiple disabilities Orthopedic impairments

CategoriesCategories

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

Age requirementsAge 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

AmendmentsAmendments

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

Four SubchaptersFour 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

Part APart A

Findings Definitions “Highly qualified teacher” Goals of IDEA

Findings Definitions “Highly qualified teacher” Goals of IDEA

Part BPart B

Educational requirements State grant program (plan for FAPE) Procedural safeguards Provisions

Educational requirements State grant program (plan for FAPE) Procedural safeguards Provisions

ProvisionsProvisions

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

Zero rejectZero 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

Identification and EvaluationIdentification 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

Free Appropriate Public EducationFree 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

Least Restrictive EnvironmentLeast 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

Procedural SafeguardsProcedural 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”

Technology-Related AssistancedTechnology-Related Assistanced

Devices Services

Devices Services

Personnel DevelopmentPersonnel Development

Development grant Highly qualified standards

Development grant Highly qualified standards

Parent Participation Parent Participation