Laws and Family Rights

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Laws and Family Rights
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Why are federal laws important?

• Empowers families to advocate for their children
• Aids individuals with disabilities in decision
  making
• Assists professionals in
• Understanding service delivery systems
• Protecting civil rights of students
• Collaboration with other agencies

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Prior to Laws VS. With Laws

• Parents as Advocates
• Parents as Partners
• School systems
• standards-based reform
• one-stop-shopping

• Blame Parents
• Parents responsible for education
• Parent Organizations

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Major Pieces of Legislation

• 1970 Right to Education
• 1973 Civil Rights Section 504
• 1976 PL-142 now known as IDEA (3-21)
• 1986 (birth - 2 years)
• 1990 added autism, TBI
• 1994 reinterpretation of IDEA adding ADHD under
  OHI

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Section 504 of the Vocational Rehabilitation Act
of 1973

• Extends civil rights in public sector to people
  with disabilities of all ages
• ...no otherwise qualified handicapped individual
  shall, based solely by reason of his handicap, be
  excluded from the participation in, be denied the
  benefits of, or be subjected to discrimination in
  any program or activity receiving federal
  financial assistance.

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Section 504 of the Vocational Rehabilitation Act
of 1973

• Very broad definition of disability
• Requires that reasonable accommodations be made
• Is a discrimination statute -- NOT an entitlement
  statute

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P. L. 101-476 Individuals with Disabilities
Education Act of 1990

• IDEA
• Formerly P.L. 94-142 Education for all
  Handicapped Children Act of 1975
• Provides an educational services for all children
  with disabilities
• THE LAW OF SPECIAL EDUCATION

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Education for All Handicapped Children Act (P.L.
94-142) passed in 1975, which equals IDEA passed
in 1990

• Funding statue all school age children with
• disabilities must be provided with FAPE
• Reinterpretations of IDEA
• 1990 added autism and traumatic brain injury and
  transition services
• 1992 added AD/HD to be covered under OHI

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• They are considered disabled if
• They have a physical or mental impairment which
  substantially limits one or more major life
  activity
• 2. History
• 3. Treated by the district as having
• 4. Limited by the attitudes of others
• 5. They are treated by the district as
• handicapped but have no symptoms

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Six Major Principles of IDEA

• 1. Zero Reject (FAPE)
• Schools must enroll all children
• Closes service gap
• Closes age gap

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Six Major Principles of IDEA

• 2. Nondiscriminatory Testing
• Types of tests
• Administration of tests
• Number of tests
• Breadth of evaluation
• Timing of evaluation
• Parental consent and notice
• Interpretation

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Six Major Principles of IDEA

• 3. Appropriate Education
• Schools must develop and implement individualized
  education program (IEP) for eligible students
• Program will be tailored to meet needs of
  individual
• Program is revised at least every year -- more
  often as necessary

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Six Major Principles of IDEA

• 4. Least Restrictive Environment
• LRE
• Educate students with disabilities with
  nondisabled as much as possible

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Six Major Principles of IDEA

• 5. Due Process
• Safeguards to protect the rights of students and
  parents

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Six Major Principles of IDEA

• 6. Parental Participation
• Must involve parents in every step of the process

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1997 Amendments to IDEA

• Performance goals and indicators
• Participation in assessments
• Description of behavior management plan

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Who is covered under IDEA?

• Students ages 3-21 with one or more of the
  following disabilities
• Deaf-blind Hearing Impaired
• Mental Retardation Multiple Disabilities
• Orthopedic-Impaired Other Health Impaired
• Serious Emotional Disturbance Specific Learning
  Disability
• Speech or Language Impairment Visual Impairment
• Autism Traumatic Brain Injury

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Americans with Disabilities Act of 1990 (ADA)

• To eliminate discrimination against people with
  disabilities
• Extends civil rights protection to private sector
• Physical or mental impairment that limits a major
  life activity
• Guarantees accessibility for individuals with
  disabilities

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IDEA vs. 504 Placements

• Educational Benefits?
• Nonacademic benefits?
• Effect on behavior of others?
• Cost too expensive in general ed.?

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Perkins Act

• 1984
• Extends the rights IDEA students to vocational
  education
• Integrates academics and vocational education

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Defining Special Education

• Special education as a process
• Special education is a process to identify and
  remediate students

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Initial Referral
Develop Intervention
Student is Assessed
Intervention Ineffective
Student Returns to Regular Class
Student Found Eligible
Student Ineligible
Student is Successful
IEP Developed
Place Student
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School Law
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Name the Law
Extends civil rights to people with disabilities
in the public sector. a. IDEA b. ADA c. Sectio
n 504 d. Perkins
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Name the Law
Extends civil rights to people with disabilities
in the private sector. a. IDEA b. ADA c. Secti
on 504 d. Perkins
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Name the Law
Requires that schools enroll all children
regardless of the severity of disability. a. IDE
A b. ADA c. Section 504 d. Perkins
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Name the Law
Requires that an IEP be developed for eligible
children. a. IDEA b. ADA c. Section
504 d. Perkins
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Name the Law
Requires unbiased assessments. a. IDEA b. ADA
c. Section 504 d. Perkins
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• Vocational Rehabilitation Act 1973
• Section 504
• Provisions for FAPE?