Chapter 1Chapter 1

Special Education LawSpecial Education Law

Disability Awareness Disability Awareness QuizQuiz

• People who have learning People who have learning disabilities are not smart. (T/F)disabilities are not smart. (T/F)

• People who can’t hear can use the People who can’t hear can use the telephone. (T/F) telephone. (T/F)

• You can catch a disability. (T/F)You can catch a disability. (T/F)• People who have Cerebral Palsy People who have Cerebral Palsy

always have mental retardation. always have mental retardation. (T/F)(T/F)

• People who use wheelchairs can’t People who use wheelchairs can’t play basketball. (T/F) play basketball. (T/F)

• People who are blind can read. (T/F)People who are blind can read. (T/F)• People who have mental retardation People who have mental retardation

can get jobs. (T/F)can get jobs. (T/F)• People who have disabilities can’t People who have disabilities can’t

live by themselves. (T/F)live by themselves. (T/F)• People who can’t hear don’t watch People who can’t hear don’t watch

TV. (T/F)TV. (T/F)• People with disabilities can vote. People with disabilities can vote.

(T/F)(T/F)

Quiz from:Quiz from:http://www.iidc.indiana.edu/cedir/kidsweb/truthorlie.htmlhttp://www.iidc.indiana.edu/cedir/kidsweb/truthorlie.html

6 Principles of IDEA6 Principles of IDEA

• 1. Zero Reject1. Zero Reject

No students can be excluded from free and No students can be excluded from free and appropriate public education (FAPE) (applies appropriate public education (FAPE) (applies to ages 3-21)to ages 3-21)

• 2. Nondiscriminatory Evaluation2. Nondiscriminatory Evaluation

Students must be evaluated fairly to determine Students must be evaluated fairly to determine if there is a disability, what kind, and the scope.if there is a disability, what kind, and the scope.

1. Determines if there is a disability1. Determines if there is a disability

2. Specifies Sped. and related services student 2. Specifies Sped. and related services student will receivewill receive

• 3. Appropriate Education3. Appropriate Education

Individualized education for each Individualized education for each student based on evaluation and student based on evaluation and supported through related and supported through related and supplementary services. supplementary services.

IEP-Individualized Education Program IEP-Individualized Education Program (3-21)(3-21)

IFSP-Individualized Family Service IFSP-Individualized Family Service Plan (0-3)Plan (0-3)

• 4. Least Restrictive Environment 4. Least Restrictive Environment Students with disabilities must be educated with Students with disabilities must be educated with students without disabilities to the maximum students without disabilities to the maximum extent appropriate for the student with disabilities. extent appropriate for the student with disabilities. Access to general education curriculum. Access to general education curriculum.Inclusion principleInclusion principle0-3: natural environment (home or out-of-home 0-3: natural environment (home or out-of-home center)center)3-21: general education3-21: general educationContinuum of services:Continuum of services:-general education-general education-resource rooms-resource rooms-special classes (self-contained)-special classes (self-contained)-special schools-special schools-homebound services-homebound services-hospitals and institutions-hospitals and institutions

• 5. Procedural Due Process5. Procedural Due Process

Provides safeguards for students Provides safeguards for students against schools’ actions, including the against schools’ actions, including the right to sue in court. right to sue in court.

• 6. Parent-Student Participation6. Parent-Student Participation

Schools are required to collaborate Schools are required to collaborate with parents and adolescent students in with parents and adolescent students in designing and implementing IEPs.designing and implementing IEPs.

-Part of IEP team-Part of IEP team

-Right to view all school records-Right to view all school records

IDEA(pgs. 11-19)

Zero RejectNondiscriminatory EvaluationAppropriate EducationLeast Restrictive EnvironmentProcedural Due ProcessParent-Student Participation

NCLB(pg. 21 –applies

to all students, not just those with disabilities)

Accountability for Results (All students must be tested on grade level)School Safety (Schools must be safe and drug-free)Parental Choice (Parents are informed of student achievements and school

safety and must be notified of choices in the cases of inadequate progress or persistent dangers)

Teacher QualityScientifically Based Methods of TeachingLocal Flexibility (transfer of money to fund specific local needs)

504(pgs. 22-23)

Prohibits Discrimination on the basis of a disability Disability=

a. physical or mental impairment that substantially limits >1 major life activities

b. has a record of impairment c. is regarded as having an impairment

(only applies to agencies that receive federal funding)

ADA(pgs. 22-23)

Same as above, but extends civil rights to private sector employment, transportation, govt. activities/programs, privately owned businesses that are open to the public, and telecommunication.

Group Activity QuestionsGroup Activity QuestionsWhich Law and Principle is being applied or Which Law and Principle is being applied or

violated?violated?

1.1. Susan scheduled an IEP meeting for her 3rd Susan scheduled an IEP meeting for her 3rd grade student Jason. She sent out the prior grade student Jason. She sent out the prior notice forms to the family and related service notice forms to the family and related service providers 12 days in advance (10 days notice is providers 12 days in advance (10 days notice is required by law, so Susan was ahead of required by law, so Susan was ahead of schedule). Jason is in a self-contained program schedule). Jason is in a self-contained program for students with mental retardation. Jason is for students with mental retardation. Jason is not able to attend any general education classes not able to attend any general education classes (academic and non-academic) due to aggressive (academic and non-academic) due to aggressive behaviors. Susan did not invite a general behaviors. Susan did not invite a general education teacher to the IEP meeting because education teacher to the IEP meeting because the general education 3rd grade teacher is busy the general education 3rd grade teacher is busy and has never even seen Jason. She just and has never even seen Jason. She just wouldn’t have any input on his progress.wouldn’t have any input on his progress.

2. Susan has another student named Robert 2. Susan has another student named Robert in her 3rd grade self-contained class for in her 3rd grade self-contained class for students with mental retardation. Robert students with mental retardation. Robert takes all his clothes off whenever he is takes all his clothes off whenever he is hot. Susan and her instructional hot. Susan and her instructional assistants try to prevent Robert from assistants try to prevent Robert from stripping, but he is so fast. Every time stripping, but he is so fast. Every time Robert exposes himself at school, the Robert exposes himself at school, the principal suspends him for 2 days. Robert principal suspends him for 2 days. Robert has done this five times now. Today, has done this five times now. Today, Robert stripped again during recess. The Robert stripped again during recess. The principal suspended him for another 2 principal suspended him for another 2 days.days.

Which Law and Principle is being applied or Which Law and Principle is being applied or violated?violated?

3. Larry has ADHD. He has trouble 3. Larry has ADHD. He has trouble paying attention in class and needs paying attention in class and needs constant movement. His parents constant movement. His parents want him to try using a special want him to try using a special cushion on his chair to allow him to cushion on his chair to allow him to have more movement and think it have more movement and think it will help Larry increase his focus in will help Larry increase his focus in school. The school says that since school. The school says that since Larry does not qualify for special Larry does not qualify for special education services, he cannot have education services, he cannot have any accommodations.any accommodations.

Which Law and Principle is being applied or Which Law and Principle is being applied or violated?violated?