Legal Aspects of Special Education and Social Foundations

1
Legal Aspects of Special Education and Social
Foundations

• Free and Appropriate Public Education and Least
  Restrictive Environment
• Chapters 9 12

2
FAPE

• Free and public not disputed
• Appropriate education is often disputed
• Definition
• Provided at public expense
• Meet State standards
• Include appropriate education
• Conforms with the IEP

3
Procedural Safeguards

• Provide notice to parents
• Invite parents to participate
• Secure parental consent
• Make records available
• Allow independent educational evaluation if in
  disagreement

4
Free Education

• Special education and related services provided
  at no charge
• Refusal due to cost is not allowed
• IDEA prohibits excuse of limited federal funding
• Cost relevant only when options available are
  appropriate

5
Free Education

• Title XIX of the Social Security Act was amended
  in 1988 to assist in funding of needed services
• Private insurance can also be funding source
• Can allow fees that other students without
  disabilities are charged

6
State Standards

• Meet requirements of State Standards which may be
  higher
• Includes requirements of licensure and
  certification for educators

7
Appropriate Education

• IEP for all students in special education
• Responsibility of school district
• Collaboration between parents and school
  personnel
• Components of IEP must be complete
• No guarantee of achievement
• No liability of educators

8
Related Services

• Supportive services
• Required to benefit from special education
  program
• Reimbursement of services may be requested
• Exclude medical services and devices
• Must accompany special education

9
School Health Services

• Necessary to assist child to benefit from special
  education
• Must be performed during school hours
• Can be provided by a person other than a licensed
  physician

10
Litigation

• Irving Independent School District v. Tatro -
  Bright-Line test
• Cedar Rapids Community School District v. Garret
  F. - medical v. school health services
• Board of Education of the Hendrick Hudson School
  District v. Rowley - appropriate education

11
The Rowley Standard

• Is the school complying with IDEA procedures?
• Is the IEP designed reasonable to enable child to
  benefit from educational opportunities?

12
Courts Role

• Are procedural requirements being met?
• Are the requirements of FAPE being followed?
• Is special education providing educational
  benefit?

13
1993 Metaphor

• Doe v. Board of Education of Tullahoma Schools
• Cadillac v. Chevrolet

14
Post-Rowley Litigation

• Procedural aspects
• Follow procedural safeguards of FAPE
• FAPE is denied if safeguards are not followed
• Substantive aspects
• IEP is appropriate
• Designed to achieve educational benefits

15
Procedural Violations

• W.G v. Board of Trustees - failed to include
  classroom teacher of private school in IEP
  process
• Tice v. Botetourt County School Board - 6 month
  delay in evaluation and IEP
• Spielberg v. Henrico County Public Schools and
  Hall v. Vance County Board of Education -
  violated parent participation and notification,
  resp.

16
Substantive Violations

• Meaningful benefit v. some benefit - Hall v.
  Vance County Board of Education
• Meaningful growth - Carter v. Florence County
  School District Four
• Polk v. Central Susquehanna Intermediate Unit 16
  - any degree of progress

17
Substantive Violations

• Cypress-Fairbanks ISD v. Michael F. - four-part
  test
• Individualized program based on assessment and
  performance
• LRE
• Coordinated and collaborative services
• Academic and nonacademic benefits

18
Methodology and FAPE

• Disagreement with particular methodologies
• Curriculum
• Interventions
• Extended school year

19
Placement

• Settings
• Facilities
• Equipment
• Location
• Personnel required
• Determining placement
• Tests
• Recommendations
• Conditions
• Background
• Adaptive behavior

20
Placement Factors

• Based on IEP
• Annually reviewed
• Least restrictive environment
• As close to general education as possible
• As close to home as possible

21
Graduation

• No longer eligible for FAPE under IDEA
• Maximum age to receive services
• Graduates from high school with regular diploma
• Can receive FAPE until age-out of IDEA

22
Standards

• Achieved IEP goals
• Written notice
• Summary of academic achievement and functional
  performance

23
IDEA 97 and 04

• Based on student needs
• Measurable and meaningful progress
• Scientific research-based programs
• Ongoing evaluation