LEGAL ISSUES IN LEGAL ISSUES IN ASSESSMENTASSESSMENT

CHAPTER TWOCHAPTER TWO

CHAPTER OBJECTIVESCHAPTER OBJECTIVES

The basic problems with respect to The basic problems with respect to discrimination in special educationdiscrimination in special education

The landmark court cases in special educationThe landmark court cases in special education Section 504 of the Vocational Rehabilitation Section 504 of the Vocational Rehabilitation

ActAct P.L. 93-380: The Family Education Rights and P.L. 93-380: The Family Education Rights and

Privacy ActPrivacy Act P.L. 94-142: The Education of All Handicapped P.L. 94-142: The Education of All Handicapped

Children’s ActChildren’s Act The procedural safeguards under P.L. 94-142The procedural safeguards under P.L. 94-142

CHAPTER OBJECTIVESCHAPTER OBJECTIVES P.L. 98-524: The Vocational Education Act P.L. 98-524: The Vocational Education Act

of 1984- the Perkins Actof 1984- the Perkins Act P.L. 99-457: Education of the Handicapped P.L. 99-457: Education of the Handicapped

Act Amendments of 1986Act Amendments of 1986 P.L. 105-17: The Individuals with Disabilities P.L. 105-17: The Individuals with Disabilities

Education Act of 1997 (IDEA ’97)Education Act of 1997 (IDEA ’97) P.L. 101-336: The Americans with P.L. 101-336: The Americans with

Disabilities ActDisabilities Act No Child Left Behind No Child Left Behind The role of state and federal government in The role of state and federal government in

establishing and implementing laws establishing and implementing laws pertaining to special education.pertaining to special education.

Prior to 1975Prior to 1975

The two types of discrimination most The two types of discrimination most

evident were:evident were:

1.1. The exclusion of students with The exclusion of students with disabilities altogether from school.disabilities altogether from school.

2.2. The classification of students with The classification of students with disabilities when, in actuality, no disabilities when, in actuality, no disability was present.disability was present.

LANDMARK COURT LANDMARK COURT CASES IN SPECIAL CASES IN SPECIAL

EDUCATIONEDUCATION

BROWN v. BOARD OF EDUCATION of BROWN v. BOARD OF EDUCATION of

TOPEKA, KANSAS- 1954TOPEKA, KANSAS- 1954

The court ruled that it was illegal practiceThe court ruled that it was illegal practice

under the Fourteenth Amendment tounder the Fourteenth Amendment to

arbitrarily discriminate against any group arbitrarily discriminate against any group ofof

people. It then applied this principle to people. It then applied this principle to the the

schooling of children.schooling of children.

HOBSON v. HANSEN- 1967HOBSON v. HANSEN- 1967

Court declared D.C. school system’s Court declared D.C. school system’s tracking tracking

system invalid, but allowed for special system invalid, but allowed for special

classes providing testing procedures classes providing testing procedures were were

rigorous and that testing was frequent.rigorous and that testing was frequent.

DIANA v. STATE BOARD OF EDUCATION- DIANA v. STATE BOARD OF EDUCATION-

19701970

California was mandated to correct bias in California was mandated to correct bias in

assessment procedures.assessment procedures.

1.1. If a student’s primary language was not If a student’s primary language was not English…English…

2.2. Culturally unfair items…Culturally unfair items…

3.3. Intelligence tests had to be developed…Intelligence tests had to be developed…

PARC v. COMMONWEALTH OF PARC v. COMMONWEALTH OF PENNSYLVANIA- 1972PENNSYLVANIA- 1972

Court ratified a consent agreement Court ratified a consent agreement assuring assuring

that schools may not exclude students that schools may not exclude students who who

have been classified with MR. The court have been classified with MR. The court

mandated that all students must be mandated that all students must be

provided with a free public education.provided with a free public education.

WYATT v. STICKNEY- 1972WYATT v. STICKNEY- 1972

Court ruled that MR students in state Court ruled that MR students in state

institutions had a constitutional right institutions had a constitutional right to to

treatment. treatment.

GUADALUPE v. TEMPE ELEMENTARYGUADALUPE v. TEMPE ELEMENTARY

SCHOOL- 1972SCHOOL- 1972

Court agreement stipulated that children Court agreement stipulated that children

could not be placed in educable mentally could not be placed in educable mentally

retarded classes unless they scored lower that two retarded classes unless they scored lower that two

standard deviations below the population mean on standard deviations below the population mean on

approved IQ test. Also stipulated that other approved IQ test. Also stipulated that other

assessment procedures must be used and parental assessment procedures must be used and parental

permission must be obtained.permission must be obtained.

MILLS v. BOARD OF EDUCATION OF MILLS v. BOARD OF EDUCATION OF DISTRICT OF COLUMBIA- 1972DISTRICT OF COLUMBIA- 1972

Set further guidelines for federal Set further guidelines for federal legislation, legislation,

including the rights of students with including the rights of students with

disabilities to have free public education, disabilities to have free public education,

due process protection, and required due process protection, and required

services regardless of the school district’s services regardless of the school district’s

financial capability.financial capability.

PASE (Parents in Action on Special PASE (Parents in Action on Special Education) v. JOSEPH P. HANNON- 1980Education) v. JOSEPH P. HANNON- 1980

Only 9 of 488 test questions found on an IQ Only 9 of 488 test questions found on an IQ test in question were found to be racially test in question were found to be racially biased. IQ tests were found not to be biased. IQ tests were found not to be discriminatory. As a result, the use of discriminatory. As a result, the use of intelligence tests were deemed acceptable intelligence tests were deemed acceptable in psychoeducational assessment as long as in psychoeducational assessment as long as they follow other federal laws.they follow other federal laws.

LUKE S. and HANS S. v. NIX et al. – LUKE S. and HANS S. v. NIX et al. – 19821982

Court deemed limited 60 day Court deemed limited 60 day evaluationevaluation

period in Louisiana was not period in Louisiana was not appropriate, and appropriate, and

a greater prereferral assessment a greater prereferral assessment should be should be

done before a referral is made.done before a referral is made.

BOARD of EDUCATION OF HENDRICK HUDSON BOARD of EDUCATION OF HENDRICK HUDSON

SCHOOL DISTRICT v. ROWLEY- 1982SCHOOL DISTRICT v. ROWLEY- 1982

Court determined that Amy Rowley was receiving Court determined that Amy Rowley was receiving

an “appropriate” education. Schools do not have an “appropriate” education. Schools do not have

to provide the “best” education or even one to to provide the “best” education or even one to

““maximize” a student’s potential. Programs need maximize” a student’s potential. Programs need

to be designed to enable the unique needs of the to be designed to enable the unique needs of the

individual student, and the student needs to be individual student, and the student needs to be

making progress.making progress.

JOSE P. v. AMBACH- 1983JOSE P. v. AMBACH- 1983

Court informed New York City defendants Court informed New York City defendants

that all evaluations must be “timely that all evaluations must be “timely

evaluations.” From the time of referral to evaluations.” From the time of referral to

evaluation there can be a maximum of 30 evaluation there can be a maximum of 30

days elapse.days elapse.

LARRY P. v. RILES- 1984LARRY P. v. RILES- 1984

IQ tests used for placing African American IQ tests used for placing African American

students in special education as MR were students in special education as MR were

found to be discriminatory in 3 ways:found to be discriminatory in 3 ways:

1.1. IQ tests measure achievement rather than IQ tests measure achievement rather than ability.ability.

2.2. IQ tests distribute the population in IQ tests distribute the population in accordance to bell curve.accordance to bell curve.

3.3. IQ tests lead to classification of more IQ tests lead to classification of more African American students than white African American students than white students.students.

GEORGIA STATE CONFERENCE OF GEORGIA STATE CONFERENCE OF BRANCHES OF NAACP v. STATE OF BRANCHES OF NAACP v. STATE OF

GEORGIA- 1984GEORGIA- 1984

Court did not find evidence of differential Court did not find evidence of differential

treatment of black and white students. treatment of black and white students.

Overrepresentation of black children in Overrepresentation of black children in

classes for the mentally retarded by itself classes for the mentally retarded by itself

was not sufficient to prove discrimination.was not sufficient to prove discrimination.

DANIEL R. R. v. STATE BOARD OF DANIEL R. R. v. STATE BOARD OF EDUCATION- 1989EDUCATION- 1989

One of the leading cases opening the One of the leading cases opening the door to increased inclusion of children door to increased inclusion of children with disabilities in regular education with disabilities in regular education classesclasses

Noted that schools need not modify Noted that schools need not modify the program “beyond recognition”the program “beyond recognition”

Also looks at whether it is appropriate Also looks at whether it is appropriate for the child to be in regular educationfor the child to be in regular education

GERSTMEYER v. HOWARD COUNTY GERSTMEYER v. HOWARD COUNTY

PUBLIC SCHOOLS- 1994PUBLIC SCHOOLS- 1994

Howard School District was sued (and Howard School District was sued (and

lost) for the costs of private education lost) for the costs of private education

and tutoring caused by their delay in and tutoring caused by their delay in

evaluating a student in a timely evaluating a student in a timely

manner.manner.

THE HISTORY OF THE HISTORY OF FEDERAL FEDERAL

LAGISLATION FOR LAGISLATION FOR INDIVIDUALS WITH INDIVIDUALS WITH

DISABILITIESDISABILITIES

Section 504 of the Vocational Section 504 of the Vocational Rehabilitation ActRehabilitation Act

Civil rights law enacted in 1973Civil rights law enacted in 1973 Created to prevent discrimination Created to prevent discrimination

against all individuals with disabilities against all individuals with disabilities in programs that receive federal in programs that receive federal funds.funds.

504 ensures students of equal 504 ensures students of equal opportunity to all school activities.opportunity to all school activities.

Plays a special role in assessment.Plays a special role in assessment.

P.L. 93-380:P.L. 93-380:The Family Education Rights and The Family Education Rights and

Privacy Act (FERPA)Privacy Act (FERPA) Often referred to as the “Buckley Often referred to as the “Buckley

Amendment”Amendment” Gives parents of students under 18, and Gives parents of students under 18, and

students over 18, the right to examine students over 18, the right to examine records kept in the student’s personal file.records kept in the student’s personal file.

Passed in 1974 to cover students, Passed in 1974 to cover students, including those in postsecondary including those in postsecondary educationeducation

P.L. 94-142:P.L. 94-142:The Education of All Handicapped The Education of All Handicapped

Children’s Act (EHA)Children’s Act (EHA) Before any evaluations, testing, and Before any evaluations, testing, and

placement can be done, there must be placement can be done, there must be parental informed consent.parental informed consent.

All students in special education must be All students in special education must be placed in the least restrictive environment.placed in the least restrictive environment.

All students in special education must have All students in special education must have an individualized education program (IEP).an individualized education program (IEP).

The evaluation for placement in special The evaluation for placement in special education must be nondiscriminatory.education must be nondiscriminatory.

P.L. 94-142:P.L. 94-142:The Education of All Handicapped The Education of All Handicapped

Children’s Act (EHA)Children’s Act (EHA)

The individual is assessed in all areas The individual is assessed in all areas related to the suspected disability.related to the suspected disability.

Tests must be given and reports must Tests must be given and reports must be written in the native language.be written in the native language.

Parents are entitled to due process.Parents are entitled to due process. Zero rejects for all students.Zero rejects for all students.

P.L. 98-524:P.L. 98-524:The Vocational Education Act of The Vocational Education Act of

1984- The Perkins Act1984- The Perkins Act

States that individuals who are members of States that individuals who are members of

special populations must be provided with special populations must be provided with

equal access to recruitment, enrollment, and equal access to recruitment, enrollment, and

placement activities in vocational education.placement activities in vocational education.

P.L. 99-457:P.L. 99-457:Education of the Handicapped Act Education of the Handicapped Act

Amendments of 1986Amendments of 1986

Congress amends the Education of All Congress amends the Education of All

Handicapped Children’s Act to expand Handicapped Children’s Act to expand

incentives for preschool education incentives for preschool education

programs, early intervention, and programs, early intervention, and transition transition

programs.programs.

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

“IDEA of 1990”“IDEA of 1990” The IDEA amendment to P.L. 99-457 The IDEA amendment to P.L. 99-457

requires a timely, comprehensive, requires a timely, comprehensive, multidisciplinary evaluation, including multidisciplinary evaluation, including assessment activities related to the child assessment activities related to the child and the child’s play.and the child’s play.

A new program was established to help A new program was established to help states develop and implement programs for states develop and implement programs for early intervention services.early intervention services.

The Individuals with Disabilities The Individuals with Disabilities Act of 1997 (IDEA ’97)Act of 1997 (IDEA ’97)

Adding significantly to the provisions for very Adding significantly to the provisions for very young children with disabilities and for young children with disabilities and for students preparing to leave secondary school.students preparing to leave secondary school.

Adding two new categories in special Adding two new categories in special education- autism and traumatic brain injuryeducation- autism and traumatic brain injury

Removing the term “handicapped” from the Removing the term “handicapped” from the law and substituting the preferred term law and substituting the preferred term “disability”“disability”

Mandating transition services no later than Mandating transition services no later than the age of 16 years of agethe age of 16 years of age

The Individuals with Disabilities The Individuals with Disabilities Act of 1997 (IDEA ’97)Act of 1997 (IDEA ’97)

Requiring further public commenting Requiring further public commenting on defining attention deficit disorder on defining attention deficit disorder in the law.in the law.

Stating that states can be sued in Stating that states can be sued in federal courts for violating the laws.federal courts for violating the laws.

Strengthened the least restrictive Strengthened the least restrictive environment mandateenvironment mandate

Strengthened parents’ roles furtherStrengthened parents’ roles further

The Individuals with Disabilities The Individuals with Disabilities Act of 1997 (IDEA ’97)Act of 1997 (IDEA ’97)

Added related services to the types Added related services to the types of services to be provided for of services to be provided for transition services.transition services.

Strengthened the obligations of other Strengthened the obligations of other agencies to provide services to agencies to provide services to students while they are still in school.students while they are still in school.

Emphasized assistive technologyEmphasized assistive technology Expands the number of members of Expands the number of members of

the IEP team.the IEP team.

The Individuals with Disabilities The Individuals with Disabilities Act of 1997 (IDEA ’97)Act of 1997 (IDEA ’97)

Gives school authorities several options Gives school authorities several options in disciplining a student with a disability.in disciplining a student with a disability.

Changed Part H, serving young children, Changed Part H, serving young children, to Part Cto Part C

Children and youth receiving special Children and youth receiving special education have the right to receive the education have the right to receive the related services necessary to benefit related services necessary to benefit from special education instruction. from special education instruction.

P.L. 108-446 IDEA 2004P.L. 108-446 IDEA 2004

We’ll look at some of the provisions We’ll look at some of the provisions included in Ch. 20 on another dayincluded in Ch. 20 on another day

P.L. 101-336P.L. 101-336The Americans with Disabilities ActThe Americans with Disabilities Act

Protects all individuals with disabilities Protects all individuals with disabilities from discrimination and requires most from discrimination and requires most employers to make reasonable employers to make reasonable accommodations for them.accommodations for them.

Plays a very important role in Plays a very important role in transitional services for students with transitional services for students with disabilities.disabilities.

Significant in making sure that all Significant in making sure that all school buildings are accessible to school buildings are accessible to people with disabilities. people with disabilities.

P.L. 107-100 NCLBP.L. 107-100 NCLB

Emphasizes early literacyEmphasizes early literacy School report cards School report cards Regular measurement of achievement Regular measurement of achievement

grades 4-8 & a graduation testgrades 4-8 & a graduation test Right to transfer from poorly Right to transfer from poorly

performing schoolsperforming schools More assessment information for More assessment information for

school personnelschool personnel

NCLBNCLB

HQTHQT Title I grants for disadvantaged Title I grants for disadvantaged

studentsstudents Greater flexibility in spending federal Greater flexibility in spending federal

dollars at the state & local levelsdollars at the state & local levels Supports demonstrably effective Supports demonstrably effective

programsprograms

State Laws Relating to Students State Laws Relating to Students with Disabilitieswith Disabilities

State constitutions and laws may go State constitutions and laws may go beyond what is provided in the beyond what is provided in the federal law, as long as there is no federal law, as long as there is no conflict between them.conflict between them.

Most laws providing for public Most laws providing for public education are generally state and education are generally state and local rather than federal.local rather than federal.

CHAPTER OBJECTIVESCHAPTER OBJECTIVES

The basic problems with respect to The basic problems with respect to discrimination in special educationdiscrimination in special education

The landmark court cases in special educationThe landmark court cases in special education Section 504 of the Vocational Rehabilitation Section 504 of the Vocational Rehabilitation

ActAct P.L. 93-380: The Family Education Rights and P.L. 93-380: The Family Education Rights and

Privacy ActPrivacy Act P.L. 94-142: The Education of All Handicapped P.L. 94-142: The Education of All Handicapped

Children’s ActChildren’s Act The procedural safeguards under P.L. 94-142The procedural safeguards under P.L. 94-142

CHAPTER OBJECTIVESCHAPTER OBJECTIVES

P.L. 98-524: The Vocational Education Act of P.L. 98-524: The Vocational Education Act of 1984- the Perkins Act1984- the Perkins Act

P.L. 99-457: Education of the Handicapped P.L. 99-457: Education of the Handicapped Act Amendments of 1986Act Amendments of 1986

P.L. 105-17: The Individuals with Disabilities P.L. 105-17: The Individuals with Disabilities Education Act of 1997 (IDEA ’97)Education Act of 1997 (IDEA ’97)

P.L. 101-336: The Americans with P.L. 101-336: The Americans with Disabilities ActDisabilities Act

The role of state and federal government in The role of state and federal government in establishing and implementing laws establishing and implementing laws pertaining to special education.pertaining to special education.

THE ENDTHE END