special education & the law
DESCRIPTION
SPECIAL EDUCATION & THE LAW. WHAT EVERY EDUCATOR SHOULD KNOW. A PRESENTATION BY: MARK LONG, GONZALO PITPIT, & MARK BARFIELD. Activator - Motivator. Scenario – IEP Meeting at the Special Education Office. WHAT IS SPECIAL EDUCATION?. - PowerPoint PPT PresentationTRANSCRIPT
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SPECIAL EDUCATION &
THE LAW
WHAT EVERY EDUCATOR SHOULD KNOW
A PRESENTATION BY:MARK LONG, GONZALO PITPIT, & MARK BARFIELD
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Activator - Motivator
Scenario –
IEP Meeting at the Special Education Office
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WHAT IS SPECIAL EDUCATION?
*A FREE APPROPRIATE PUBLIC EDUCATION (FAPE) TO ALL THOSE STUDENTS WITH SPECIAL NEEDS
*LEA’s must provide additionalservices, support, programs, placement, or accommodations, or those whoqualify as special needs.
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SPECIAL NEEDS IDENTIFIED (IDEA) SPECIAL NEEDS ARE DEFINED BY THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA) AS ONE (OR
MORE) OF THE FOLLOWING
Autism,
deafness-blindness,
deafness,
emotional disturbance (SED, BEH, etc),
hearing impairment (ex-hearing aids, partial deafness),
mental retardation,
multiple disabilities,
orthopedic impairment (spinal bifida, cp, etc),
other health impairment,
specific learning disability (LD, dyslexia, etc),
speech or language impairment, traumatic brain injury (ex-memory loss, speech & hearing issues),
or visual impairment
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INSIDE THE NUMBERS…
HOW NC BREAKS DOWN AUTISTIC (10,903) DEAF-BLIND (39) DEAFNESS (151) DEVELOPMENTAL DELAY (13,165) HEARING IMPAIRED (2,135) ID-MILD (15,780) ID-MODERAGE (3,662) ID-SEVERE (745) MULTIPLE DISABILITIES (2,333) ORTHOPEDIC IMPAIRMENT
(1,059) OTHER HEALTH (29,897) EMOTIONAL DISABILITY (7,190) LEARNING DISABILTY (63,148) SPEECH/LANG. IMPAIRMENT
(33,568) BRIAN INJURY (457) VISUAL IMPAIRMENT (739)
NCDPI (2009-2010)NUMBER OF STUDENTS
ENROLLED IN NC PUBLIC SCHOOLS (K-12)
1, 475,668
NCDPI (2009) ALSO REPORTS
THE FOLLOWING CASES OF SPECIAL EDUCATION
STUDENTS IN NORTH CAROLINA SCHOOL
SYSTEMS
184,971
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THE LAWSPECIAL EDUCATION
LAWS
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SPECIAL EDUCATION LAWS OVER HISTORY
CIVIL RIGHTS MOVEMENT LED TO TITLE I IN 1965 (PROVIDE FUNDING
TO SCHOOLS WITH HIGH % OF POVERTY STRICKEN FAMILIES)
EDUCATION OF THE HANDICAPPED ACT (EHA) IN 1970 (FUNDING FOR PILOT PROGRAMS TO EDUCATE THE ‘HANDICAPPED’, FUNDING FOR HIGHER EDUCATION FOR SPECIAL EDUCATION TRAINING FOR FUTURE EDUCATORS)
P.L. 94-242 IN 1974 GAVE CHILDREN WITH DISABILITIES THE RIGHT TO A F.A.P.E. AND TO BE PLACED IN THE LEAST RESTRICTIVE ENVIRONMENT (LRE)
1986 EHA AMENDMENTS EXTENDED THE F.A.P.E. TO INFANTS AND TODDLERS WITH EARLY INTERVENTION PROGRAMS
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IDEA - 1990
INDIVIDUALS WITH DISABILITIES ACT (1990) ‘HANDICAPPED’ TO ‘DISABILITY’ DISABILITIES RANGE WENT FROM 10 TOTAL TO
13 TOTAL STATES ARE REQUIRED TO ENSURE THAT
LOCAL SCHOOLS COMPLY WITH THE STATUTE REQUIREMENTS
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IDEA - 1997 PRESIDENT CLINTON SIGNED SEVERAL
ADMENDMENTS TO THE IDEA OF 1990 AMENDMENTS ENCOURAGED MORE
MAINSTREAMED MEASURES FOR PLACEMENT PROCEDURAL SAFEGAURDS, DUE PROCESS
SAFEGUARDS INVOLVEMENT OF PARENTS MORE EXTENSIVE DISCIPLINE NOW FOCUSED ON FUNCTIONAL
AND BEHAVIORAL PLANS PERFORMANCE INDICATORS TO TRACK
PROGRESS OF DISABLED STUDENTS MODIFICATIONS FOR DISABLED STUDENTS
FOR STATE AND DISTRICT TESTING
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IDEA – 2004
DEFINED HIGHLY QUALIFIED SPECIAL EDUCATORS
COMPLIANCE MONITORING TO FOCUS ON OUTCOMES
SIMPLIFIED DISCIPLINARY PROVISIONS BUT MAINTAINING M-D (MANIFESTATION DETERMINATION) AND F.A.P.E. REQUIREMENTS FOR MISBEHAVING STUDENTS
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IDEA ELEMENTS
*PROVIDES ELIGIBLE CHILDREN WITH A RIGHT
TO F.A.P.E. *F.A.P.E. IS GOVERNED BY
AN IEP (INDIVIDUAL EDUCATION PLAN) AND
AN IEP TEAM IS PUT INTO PLACE TO ENSURE
PROPER PLACEMENT*EVALUATIONS ARE BASED
ON CHILD’S SPECIFIC NEDS
*PROCEDURAL SAFEGARDS FOR PARENTS
TO ENSURE MOST APPROPRIATE PLACEMENT
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SECTION 504
REHABILITATION ACT AND AMERICANS WITH DISABILITIES ACT
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SECTION 504
SECTION 504 IS A CIVIL RIGHTS LAW THAT PROHIBITS THOSE INSTITUTIONS RECEIVING FEDERAL FUNDS FROM DISCRIMINATING AGAINST PEOPLE WITH DISABILITES MORE BROAD BASED THAN IDEA AND
PROTECTS MORE STUDENTS STUDENTS PROTECTED UNDER IDEA ARE ALSO
PROTECTED UNDER SECTION 504 BUT NOT ALL SECTION 504 STUDENTS ARE PROTECTED UNDER IDEA
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SECTION 504
TO QUALIFY FOR SECTION 504 STUDENTS MUST HAVE A PHYSICAL OR MENTAL IMPAIRMENT THAT SUBSTANIALLY LIMITS ONE OR MORE LIFE ACTIVITIES SEEING, HEARING, WALKING, TALKING =
MAJOR LIFE ACTIVITY SECTION 504 ARE STUDENTS WHO CAN MEET
ALL EDUCATION REQUIREMENTS WITH REASONABLE ACCOMODATIONS EX.- EXTENDED TIME, NOTE TAKERS, BRAILE,
INTERPRETER, ORALLY GIVING EXAMS
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INDIVIDUALIZED EDUCATION PLAN (IEP)
IDENTIFYING STUDENTS WITH DISABILITIES LEA’S HAVE THE DUTY TO IDENTIFY CHILDREN
AGES 0-21 WHO ARE IN NEED OF SERVICES-KNOWN AS “CHILD FIND”
STUDENTS RECEIVING SERVICES UNDER IDEA MUST HAVE AN IEP, WHICH DEFINES HOW THE STUDENT WILL RECEIVE A F.A.P.E.
AN IEP IS DESIGNED TO MEET THE UNIQUE NEEDS OF THE DISABLED INDIVIDUAL, AND AN IEP TEAM IS FORMED TO ENSURE THE LEAST RESTRICTIVE ENVIRONMENT IEP-PARENTS, GEN ED TEACHER, DISTRICT
ADMINISTRATOR, SPECIAL ED TEACHER, OTHERS WITH EXPERTISE RELATIVE TO THE STUDENT’S NEEDS
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IEP CONTINUED
SCHOOL OFFICIALS MUST ENSURE THAT PARENTS ARE INVOLVED IN THE IEP PLANNING, ADOPTION, AND IMPLEMENTION WRITTEN CONSENT MUST BE OBTAINED
BEFORE MOVING FORWARD WITH TESTING, IF PARENTS DO NOT RECEIVE PERMISSION OR REFUSE TO BE INVOLVED IN THE IEP MEETINGS, THEN DUE PROCESS ALLOWS THE SCHOOLS TO MOVE FORWARD
PROCEDURAL SAFEGUARDS HELP PROTECT PARENTS AND SCHOOLS UNDER IDEA
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HOW MUCH DO YOU KNOW ABOUT SPECIAL EDUCATION
LAWS? CAN SCHOOL OFFICIALS REQUIRE STUDENTS
WITH DISABILITIES TO TAKE HIGH-STAKES TESTS?
WHO IS RESPONSIBLE FOR IMPLEMENTING THE IEP ONCE ADOPTED?
CAN YOU EXPEL A STUDENT WHO IS IN SPECIAL EDUCATION?
CAN PARENTS REQUEST THAT THEIR CHILDREN BE REMOVED FROM SPECIAL EDUCATION PROGRAMS?
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QUICK REVIEW
WHAT IS SPECIAL EDUCATION? WHAT ARE THE THIRTEEN CATEGORIES OF
DISABILITIES/IMPAIRMENTS PROTECTED UNDER IDEA?
WHAT ARE THE KEY COMPONENTS TO SPECIAL EDUCATION UNDER IDEA 2004?
WHAT IS SECTION 504 AND HOW IS IT DIFFERENT THAN IDEA?
WHAT IS AN IEP AND WHO NEEDS ONE?