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Teachers and Learners in Inclusive Schools Special Education Law Spring, 2005 Special Ed . Law Terms Evolution of the law Elements of IDEA Special Education is….

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Teachers and Learners in Inclusive Schools

Special Education Law

Spring, 2005


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Special Ed. Law

  • Terms

  • Evolution of the law

  • Elements of IDEA


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Special Education is….

“…specially designed instruction, at no cost to the parent, to meet the unique needs of a child with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings…”

(34 Code of Federal 17 [a] [1])


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Alphabet Soup!

  • EHA= Education for All Handicapped Act

  • IDEA= Individuals with Disabilities Education Act

  • FAPE= Free Appropriate Public Education

  • IEP= Individualized Education Program

  • IFSP= Individualized Family Service Plan

  • ITP= Individual Transition Plan

  • LRE= Least Restrictive Environment


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Evolution of a Law

  • PL 94-142 The Education for All Handicapped Children Act (EHA)

    • Passed in 1975

    • Enacted in 1977

    • Five elements of the law

      • FAPE

      • IEP

      • LRE

      • Non-discriminatory assessment

      • Due process


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FAPE

  • Free and appropriate education for all children regardless of amount of need or cost

  • Access to education for all children is guaranteed at no cost to the parent

  • Zero reject policy


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IEP

  • Individualized Education Program (Plan)

  • Requirements

    • Statement of present levels of performance

    • Measurable annual goals

    • Statement of educational and related services

    • Date of initiation of services and duration

    • Criteria for annual reassessment

      - The amount of time the student will not

      spend with same-age typical peers


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IEP cont.

  • Members of the multidisciplinary team (MDT)

    • Student’s parent(s) or guardian

    • Student if older

    • At least one special education teacher

    • Representative of the local agency who authorizes funding for services

    • Someone to interpret evaluation results (school psychologist)

    • Other individuals with special expertise

      or knowledge (advocate, OT, Speech

      therapist, etc)


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LRE

“States must have procedures to ensure that, to the maximum extent appropriate, children with disabilities, including those in public/private institutions, are educated with non-disabled children and that removal from the regular education environment only occurs when education in that setting, with supplementary aids and services, cannot be achieved satisfactorily.”

(Public Law 94-142, 1975,

Sec. 612, 5, B)


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Non-Discriminatory Assessment

  • Assessment cannot be culturally discriminatory

  • Students must be tested in their dominant language

  • Nonverbal IQ scores can be used if tested in non-native language

  • No single procedure can be used to

    determine educational placement


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Due Process

  • Written notification is required before initial evaluations and placements

  • Parents must be invited to an IEP meeting three times before it is held without them

  • Parents have the right to challenge school district findings

  • Parents may get an independent educational evaluation

  • Parents have the right to an impartial due process hearing

  • Parents have the right to appeal the findings and decisions of a hearing

  • A student may not be placed in special

    education without due process


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Evolution of a Law cont.

  • PL 99-457 First reauthorization of EHA

    • 1986

    • Added infants and toddlers

    • Required IFSP for young children


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IFSP

  • Individual Family Service Plan

    • Child’s present levels of functioning

    • Family resources, priorities, concerns

    • Major outcomes for child and family

    • Early intervention services to be offered to family

    • Natural environments they will be offered in

    • Dates of initiation and duration

    • Family service coordinator

    • Child’s transition plan to IEP


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Evolution of a Law cont.

  • Individuals with Disabilities Act or IDEA

    • 1990

    • Changed the language of the law to persons with disabilities

    • Added autism and traumatic brain injury as categories

    • Required transition services no later than age 16


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Transition Plan Requirements

  • Beginning at age 16 and each year after, statement of student’s needs as related to transition from school to life

  • Beginning at age 16, a statement of transition needs and needed linkages to community and post-school agencies

  • Statement of rights under IDEA that will transfer to student at age 18

  • How progress on transition goals and

    objectives will be measured


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People First Language

  • Instead of handicapped or disabled,

    USE…

    person with a disability

    students with learning disabilities

    children with autism

    individuals with cerebral palsy

    developmentally delayed students

    BUT ALSO USE….

    deaf people, child, adult…

    blind person, students…

    the blind the deaf


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Evolution of a Law cont.

  • Reauthorization of IDEA

    • 1997

    • General education teachers now required at IEP meetings—IEP team must have at least one

    • Support for teachers’ professional development

    • IDEA funds may be used to pay for services even non-disabled students may benefit from

    • Charter schools must serve students with disabilities

    • Discipline changes

    • IEP must include access to general education

      curriculum

    • Students with disabilities must be included in

      state and district assessments


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Evolution of Law Continued

2004 reauthorization of IDEA, PL108-466

- Discipline placement requires evaluation if behavior is result of disability or poor IEP implementation

- States submit performance plans plans addressing improvement in racial and ethnic representation

- Alignment with NCLB to include alternate assessments, and reporting of graduation rates and dropout rates

- IEP benchmarks and short term objectives required only for students with alternative assessments/standards


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Specific learning Disabilities

  • Aptitude achievement discrepancy model modified in order to speed up identification before failure :

    - Districts may use data from a scientific, research based intervention as part of evaluation


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Highly QualifiedSpecial Ed.Teachers

  • New standards aligned with NCLB :

    - Bachelors degree

    - Full state special ed. certification( includes alternative certification)

    - Special ed. teachers teaching 2 or more academic subjects also required to meet both grade level and subject area competence


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