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The Current Structure of Special Education in Our Schools

Subtitle: A brief history of legislation and litigation in the United State.

Litigation = Structure

We’re going to work backwards in time

Today’s lecture is about what currently is mandated for special educationMonday’s lecture is about how – special education has changed since 1975– Education in general has changed since

1954– Education may change in the future

Two Laws that affect Special Educational Needs

IDEA– Individuals with

Disabilities in Education Act

– 1990– 1997– 2002– 2004– 2008

ADA– Americans with

Disabilities Act– 1990– 2008

• ADAA• (Americans with

Disabilities Act Amendments)

ADAA: Americans with Disabilities Act Amendments 1990Civil Rights lawNational Law to prevent discrimination of persons due to disability in every aspect of public life– Structural discrimination– Procedural discrimination

ADAA:continues

Employment

Transportation

Public accommodations

State/Local government

Telecommunication situations

Look around you for the legacy of ADAA at IUP

State University = public entity– Every aspect of everything

done/repaired/built at IUP must conform to ADAA

– Find at least 3 things in the Olive Mae that are a result of ADAA compliance.

– Notice the ADAA accommodations in the public spaces of IUP.

Section 504 of ADAA

Section 504 states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service.

504 plans

Students who have a disability may not qualify for special educational services…

…but may receive protections due to their disability.

Let’s take a look at a 504 form, shall we?– What kinds of ‘protections’ might be needed?

When special educational services are needed

IDEA laws come into effect.– Individual Education Plan/Program– IEP

IDEA: Individuals with Disabilities in Education Act6 Principles– Zero Reject– Nondiscriminatory Evaluation– FAPE– LRE– Due Process– Parental Involvement

Zero Reject

No child can be denied a K-12 education. – Matriculation– Expulsion

$20,000 question

So what does a school district do with a child who– is violent?– Is severely/profoundly

• cognitively impaired?• Physically impaired?

Nondiscriminatory Evaluation

Child StudyPerformed by various professionals in the school system– School psychologist– Counselor– Therapists– Etc.

These professionals, along with key teachers, parents and sometimes student, create the IEP ‘team’

FAPE

Free and Appropriate Public Education

What is the definition of ‘appropriate’?– An education where the student is receiving

‘benefit’

FAPE is provided individually through the IEP– Educational goals will be stated and measured in

the IEP– All teachers are required to provide the

adaptations stated in IEP documents

LRE

Least Restrictive Environment– To the maximum extent possible, students

with disabilities will be educated with students who are not disabled.

– The environment where a student learns the best.

Procedural Due Process & Parental Involvement

Parents (or student) may challenge the IEP recommendations– ‘challenge’ can

become ‘litigation’

Parents are automatically assumed to be part of the IEP team.

In review

Zero Reject

Nondiscriminatory evaluation

FAPE

LRE

Due Process

Parental Involvement

NCLB in 2001

Annual Yearly Progress (AYP) in math and reading– 2013-2014 school year– Federal Funding is tied to AYP– Wanna have some rhetorical fun?

• Google ‘educational funding’ and see what comes up• http://www.elc-pa.org/pubs/downloads/english/fun-Educa

tion%20Funding%20System%20Explained%2011-07.pdf• http://www2.ed.gov/about/overview/fed/10facts/index.htm

l• http://www.ed.gov/esea

RTTT in 2009

RTI

Responsiveness to Intervention– Silver bullet?

• Or

– A way to circumvent IEPs?

Just for you!

http://www.ed.gov/fund/grants-college.html