Chapter Two

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Chapter Two

• Policies, Practices, and Programs

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Key Special Education Court Cases

• Brown v. Board of Education of Topeka, Kansas
  (1954)
• PARC v. Commonwealth of Pennsylvania (1972)
• Board of Education of the Hendrick Hudson Central
  School District v. Rowley (1982)
• Daniel R.R. v. State Board of Education (1989)
• Oberti vs. Board of Education of the Borough of
  Clementon School District (1992)
• Cedar Rapids Community School District v. Garret
  F. (1999)

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Key Special Education Legislation

• PL 94-142 (1975)
• Education for all Handicapped Children Act
• PL 99-457 (1986 Amendments to PL 94-142)
• Education of the Handicapped Act Amendments of
  1986
• PL 101-476 (1990 Amendments to PL 94-142)
  Individuals with Disabilities Education Act
  (IDEA)
• PL 105-17 (1997 Amendments to IDEA)
• IDEA Act Amendments of 1997
• PL 108-446 (2004)Individuals with Disabilities
  Education Improvement Act of 2004

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PL 94-142 The Education for All Handicapped
Children Act

• Called the Bill of Rights for children with
  disabilities, the legislative heart of special
  education, and the Parents Law.
• Free Appropriate Public Education (FAPE)
• Least Restrictive Environment (LRE)
• Individualized Education Program (IEP)
• Procedural Due Process
• Nondiscriminatory Assessment
• Parental Participation

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PL 99-457 Education of the Handicapped Act
Amendments of 1986

• Affected education and services for young
  children with special needs and their families
• Preschoolers (age 3-5)
• Children from birth through age 2
• Individualized Family Service Plan (IFSP)

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PL 101-476 Individuals with Disabilities
Education Act (IDEA)

• 1990 amendments renamed PL 94-142 as the
  Individuals with Disabilities Education Act
  (IDEA)
• Current language used to describe people with
  disabilities
• Individual Transition Plan (ITP) required
• Expanded related services
• Added autism and traumatic brain injury as
  distinct disability categories
• States held accountable to implement law

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PL 105-17 IDEA Act Amendments of 1997

• Disciplinary considerations
• IEP changes to support inclusion and transition
• Related services expanded to include orientation
  and mobility services
• Mediation procedures developed
• Expanded category of developmental delay
• Evaluation and reevaluation requirements changed
• Federal funding changes
• Performance goals/accountability

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PL 107-110 No Child Left Behind Act of 2001

• Reauthorization of the Elementary and Secondary
  Education Act
• Annual testing for all students in certain grades
  to demonstrate adequate yearly progress in
  mathematics, reading, and science
• Public access to schools performance on tests
• Provides for parental choice in schools that do
  not meet annual progress goals
• Schools not making sufficient annual progress
  offer additional services to students
• Highly Qualified status for teachers

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PL 108-446Individuals with Disabilities
Education Improvement Act of 2004

• Special education services aligned with national
  school improvement efforts
• IEP changes
• Identification of students with learning
  disabilities through Response to Intervention
  (RTI)
• Highly qualified special education teachers
• Discipline
• Due process
• Evaluation of students
• Assessment participation

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Key Civil Rights Legislation

• Section 504 of the Rehabilitation Act of 1973
• This act employs a broader definition of
  eligibility than IDEA and states that no
  individual can be excluded, solely because of
  their disability, from participating in any
  program or activity receiving federal funding,
  including schools.
• Schools may be required to develop plans to meet
  the needs of students who require accommodations.
• Section 504 covers the entire lifespan not just
  the school years.

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• PL 101-336 (1990) Americans with Disabilities
  Act (ADA)
• Designed to eliminate discrimination against
  people with disabilities in the pubic and private
  sectors.
• Expanded definitions of eligibility may include
  people with AIDS, substance abuse issues, or any
  impairment that limits a major life activity.
• Employers, mass transit systems, and companies
  who provide products and services must make
  reasonable accommodations for people with
  disabilities.
• View the ADA Video Library to watch videos
  related to the ADA

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• PL 110-325 The Americans with Disabilities Act
  Amendments of 2008
• Reauthorization of the ADA commonly called ADAA
• Became effective January 2009
• Broader interpretation of disability includes
  additional life activities (reading,
  concentrating, thinking) or body functions (such
  as immune system or neurological functioning)
• Interpretation of substantial limitation made
  without considering the effects of mitigating
  measures like medication or medical equipment

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Table 2.2 A Comparison of Key Features of IDEA
and Section 504
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Identification and Assessment of Individual
Differences

• Interindividual differences are differences
  between students (examples height, sports skill,
  reading ability)
• Intraindividual differences are differences
  within a student (examples individual strengths
  and weaknesses)
• Both are important considerations for the IEP
  team and classroom teacher

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Referral and Assessment for Special Education

• Prereferral
• Interventions are designed by a support team and
  implemented within the classroom to assist a
  struggling child.
• Referral
• Child is formally referred for assessment.
• Assessment
• Parental permission is obtained. Evaluation is
  conducted by a multidisciplinary team to
  determine if a disability is present.
• View this video for an example of the Referral
  Process

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Individualized Education Program(IEP)

• An IEP is created by a team that includes
• A parent/guardian
• The student, when appropriate
• The childs teachers including a general
  education teacher and a special educator
• A representative from the school district
• An individual able to interpret the instructional
  implications of the assessments conducted
• Other professionals as appropriate

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IFSP Components

• Individualized Family Service Plan (IFSP)
  supports infants and toddlers with disabilities
  and their families.
• Developed based on assessments by professionals
  and family input.
• Goals developed to reflect the familys
  priorities and needs.
• Reviewed every 6 months

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Source Adapted from Individuals with
Disabilities Education Improvement Act of 2004,
Title 20 U.S. Code (U.S.C.) 1400 et seq, Part B
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Cascade of Service Delivery Options

• The Least Restrictive (LRE) option is the general
  education classroom because it provides the most
  access to children without disabilities.
• Increased emphasis on providing supports and
  services within the general education classroom.
• Students may need a more restrictive setting to
  meet their unique needs.

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