SPECIAL EDUCATION LAW. BUILDING BLOCKS & BASICS Sallie Lynagh Disability Rights Network of PA. Applicable Law. The PARC Consent Decree Section 504 of the Rehabilitation Act of 1973 The Individuals with Disabilities Education Act, or IDEA Pennsylvania’s Chapter 14
Disability Rights Network of PA
Specially designed programs that:
physical/ occupational therapy
early identification and assessment
orientation and mobility services
school health services
social work services
parent counseling and training
medical services for diagnostic and evaluation purposesRelated Services:
LRE requirement mandates that:
speech or language impairments
serious emotional disturbance
traumatic brain injury
specific learning disabilities
other health impairedWho is Disabled Under IDEA?
Team must include:
I. Special Considerations
II. Present Levels: Academic + Functional
III. Student Transition Services
IV. Participation in State/Local Assessments
V. Goals and Objectives
VI. Special Education / Related Services / Supplementary Aids and Services / Program Modifications
VII. Educational Placement
VIII. Penn Data/Least Restrictive Environment
Oberti v. Board of Education (3rd Circuit, ’93)
The IEP Team shall, in the case of a child whose behavior impedes his or her learning or that of others, consider, when appropriate, strategies, including positive behavioral interventions, strategies, and supports to address that behavior.
Exclusion of a student w/ a disability:
If the behavior was a manifestation:
The IEP Team shall conduct a functional behavioral assessment and implement a behavioral intervention plan for the child; or
If the child already has a plan, the IEP Team shall review and modify it, as necessary to address the behavior.
For removals of more than 10 school days, when behavior was not a manifestation of disability, FAPE must be provided but may be provided in an interim alternative educational setting.
For students w/ MR: Services from Day 1