Chapter TwoChapter TwoPolicies, Practices, and Policies, Practices, and

ProgramsPrograms

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Key Special Education Court CasesKey Special Education Court Cases

Brown v. Board of Education of Topeka, Brown v. Board of Education of Topeka, KansasKansas (1954) (1954)

PARC v. Commonwealth of PennsylvaniaPARC v. Commonwealth of Pennsylvania (1972)(1972)

Board of EducationBoard of Education of the of the Hendrick Hudson Hendrick Hudson Central School District v. Rowley Central School District v. Rowley (1982)(1982)

Daniel R.R. v. State Board of Education Daniel R.R. v. State Board of Education (1989)(1989) Oberti vs. Board of Education of the Borough Oberti vs. Board of Education of the Borough

of Clementon School Districtof Clementon School District (1992) (1992) Cedar Rapids Community School District v. Cedar Rapids Community School District v.

Garret F. Garret F. (1999)(1999)

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Key Special Education LegislationKey Special Education Legislation

PL 94-142 (1975)PL 94-142 (1975) PL 99-457 (1986 Amendments to PL 94-142 PL 99-457 (1986 Amendments to PL 94-142

)) PL 101-476 (1990 Amendments to PL 94-PL 101-476 (1990 Amendments to PL 94-

142) Individuals with Disabilities Education 142) Individuals with Disabilities Education Act (IDEA)Act (IDEA)

PL 105-17 (1997 Amendments to IDEA)PL 105-17 (1997 Amendments to IDEA)

*PL = Public Law*PL = Public Law

44

PL 94-142PL 94-142

PL 94-142 (1975)PL 94-142 (1975)Called the “Bill of Rights” for children with Called the “Bill of Rights” for children with disabilities, the “legislative heart of special disabilities, the “legislative heart of special education,” and the “Parent’s Law.”education,” and the “Parent’s Law.”

PL 94-142 Key Ideas:PL 94-142 Key Ideas:– Free Appropriate Public Education (FAPE)Free Appropriate Public Education (FAPE)– Least Restrictive Environment (LRE)Least Restrictive Environment (LRE)– Individualized Education Program (IEP)Individualized Education Program (IEP)– Procedural Due ProcessProcedural Due Process– Nondiscriminatory AssessmentNondiscriminatory Assessment– Parental ParticipationParental Participation

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PL 99-457 Key Ideas PL 99-457 Key Ideas (1986 Amendments to PL 94-142)(1986 Amendments to PL 94-142)

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

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PL 101-476 Key IdeasPL 101-476 Key Ideas(1990 Amendments to PL 94-142)(1990 Amendments to PL 94-142)

Renamed PL 94-142 as the Renamed PL 94-142 as the Individuals with Individuals with Disabilities Education ActDisabilities Education Act (IDEA) (IDEA)

Current language used to describe people Current language used to describe people with disabilitieswith disabilities

Individual Transition Plan (ITP) requiredIndividual Transition Plan (ITP) required Expanded related servicesExpanded related services Added Added autismautism and and traumatic brain injurytraumatic brain injury

as distinct disability categoriesas distinct disability categories States held accountableStates held accountable

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PL 105-17 Key IdeasPL 105-17 Key Ideas(1997 Amendments to IDEA)(1997 Amendments to IDEA)

Disciplinary considerationsDisciplinary considerations IEP changes IEP changes Related services expandedRelated services expanded Mediation procedures developed Mediation procedures developed Expanded category of Expanded category of developmental developmental

delaydelay Evaluation and reevaluation requirements Evaluation and reevaluation requirements

changedchanged Performance goals/accountabilityPerformance goals/accountability

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Key Civil Rights LegislationKey Civil Rights Legislation

Section 504 of the Rehabilitation Act of 1973Section 504 of the Rehabilitation Act of 1973This act employs a broader definition of eligibility thanThis act employs a broader definition of eligibility than

IDEA and states that no individual can be excluded,IDEA and states that no individual can be excluded,

solely because of their disability, from participating insolely because of their disability, from participating in

any program or activity receiving federal funding, any program or activity receiving federal funding,

including schools. Schools may be required to developincluding schools. Schools may be required to develop

plans to meet the needs of students who requireplans to meet the needs of students who require

accommodations. Section 504 covers the entireaccommodations. Section 504 covers the entire

lifespan not just the school years. lifespan not just the school years.

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Comparison of Key Features of Comparison of Key Features of IDEA and Section 504IDEA and Section 504

1010

Key Civil Rights Legislation Key Civil Rights Legislation ContinuedContinued

PL 101-336 (1990)PL 101-336 (1990)

Americans with Disabilities Act (ADA) Americans with Disabilities Act (ADA) – Designed to eliminate discrimination against Designed to eliminate discrimination against

people with disabilities in the pubic and private people with disabilities in the pubic and private sectors. sectors.

– Expanded definitions of eligibility may include Expanded definitions of eligibility may include people with AIDS, substance abuse issues, or people with AIDS, substance abuse issues, or any impairment that limits a major life activity. any impairment that limits a major life activity.

– Employers, mass transit systems, and Employers, mass transit systems, and companies who provide products and services companies who provide products and services must make “reasonable accommodations.”must make “reasonable accommodations.”

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Recent Educational ReformRecent Educational Reform No Child Left Behind Act of 2001 (PL 107-110) No Child Left Behind Act of 2001 (PL 107-110)

– Includes annual testing for schools to demonstrate Includes annual testing for schools to demonstrate adequate yearly progress of all students in mathematics adequate yearly progress of all students in mathematics and readingand reading

Individuals with Disabilities Education Individuals with Disabilities Education Improvement Act of 2004 (PL 108-446) Improvement Act of 2004 (PL 108-446) reauthorizes IDEAreauthorizes IDEAChanges: Changes: – IEP requirementsIEP requirements– Identification of students with learning disabilitiesIdentification of students with learning disabilities– Highly qualified special education teachersHighly qualified special education teachers– DisciplineDiscipline– Due processDue process– Evaluation of studentsEvaluation of students– Assessment participationAssessment participation

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Referral and Assessment Process Referral and Assessment Process for Special Educationfor Special Education

1313

Referral and Assessment Process Referral and Assessment Process for Special Education (continued)for Special Education (continued)

1414

Steps of the Special Education Steps of the Special Education ProcessProcess

PrereferralPrereferral– Interventions are designed by a support Interventions are designed by a support

team and implemented within the team and implemented within the classroom to assist a struggling childclassroom to assist a struggling child

ReferralReferral– Child is referred for assessmentChild is referred for assessment

AssessmentAssessment– Evaluation is conducted by a Evaluation is conducted by a

multidisciplinary team to determine if a multidisciplinary team to determine if a disability is presentdisability is present

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IEP ComponentsIEP Components

Current performanceCurrent performance GoalsGoals Special education and related servicesSpecial education and related services Participation with typical studentsParticipation with typical students Participation in state- and district-wide Participation in state- and district-wide

assessmentsassessments Dates and locationsDates and locations Transition servicesTransition services Progress measuringProgress measuring Age of majorityAge of majority

1616

Comparison of IEP and IFSPComparison of IEP and IFSP

1717

Definitions of Educational SettingsDefinitions of Educational Settings

1818

Traditional View of Traditional View of Service Delivery OptionsService Delivery Options

1919

Percentages of Children with Percentages of Children with Disabilities Served in Various Disabilities Served in Various

Educational SettingsEducational Settings

2020

Important ConceptsImportant Concepts LRE: Not a place but a conceptLRE: Not a place but a concept Regular Education Initiative (REI): Focus on Regular Education Initiative (REI): Focus on

collaboration between regular and special educators collaboration between regular and special educators to develop effective practices for all studentsto develop effective practices for all students

MainstreamingMainstreaming– Questioned the practice of serving students with Questioned the practice of serving students with

disabilities in self-contained classroomsdisabilities in self-contained classrooms InclusionInclusion

– Full inclusion is the belief that all children with Full inclusion is the belief that all children with disabilities should be taught exclusively, with the disabilities should be taught exclusively, with the appropriate supports, in the general education appropriate supports, in the general education classroomclassroom