Evolution of Special Education Legislation in the U.S. (P.L.94-142)

1. Public Law 94-142: 1975Education for All Handicapped Children Act (EAHCA/EHA)IDEA: 1990Individuals with Disabilities Education Act Significant progress made in Special Education since it’s passage Diana Dash, Carol DiRienzo, Stephanie Gaudette & Debora Tolliver

2. Special Education legislation in the U.S. prior to P.L. 94-142 of 1975 • P.L. 85-926 of 1958 & P.L. 86-158 of 1959: 2 laws that provided training for professionals and teachers who worked with students with mental retardation (MR) • P.L. 85-926 of 1961 - Teachers of the Deaf Act: provided training of teachers to work with the deaf or hard of hearing • P.L. 89-750 of 1965 – Elementary and Secondary Education Act P.L. 89-313 of 1965 – State Schools Act: Granted funds to states to help educate children with disabilities • P.L. 90-538 of 1968 – Handicapped Children’s Early Education Assistance Act: Funded early childhood intervention for children with disabilities. • P.L. 90-480 of 1968 – Architectural Barriers Act: required that certain Federally owned, leased or funded buildings and facilities be accessible to individuals with physical disabilities • P.L. 93-112 of 1973 - Section 504 of the Rehabilitation Act: First civil rights legislation specifically intended to protect individuals with disabilities throughout their lifetimes. • P.L. 93-380 of 1974 – Family Education Rights and Privacy Act: gives parents of students under the age of 18 and students age 18 and over the right to examine records kept in the student’s personal file

3. Provisions Free Appropriate Public Education (FAPE)/Zero Reject Least Restrictive Environment (LRE) Nondiscriminatory Identification and Evaluation Individualized Education Program (IEP) Procedural Safeguards/Due Process Federal Assistance Related Services

4. Public Law 94-142 Now that we have learned a little about the history before PL94-142 was implemented, what was the purpose of PL94-142?

5. Judicial History “In 1975, The U.S. Congress passed and President Ford signed into law Public Law 94-142, the Education for AllHandicapped Children Act (EAHCA). Legal milestones established by the Federal courts shape the resolution of the ongoing legal challenges to make "a free appropriate education" available to all individuals between the ages of three and twenty-one. Despite the considerable specificity of P.L. 94-142 and its implementing regulations over the past 15 years, the courts have still been required to play a major role in determining the meaning of the Act's provisions.”

6. PL94-142 was pursued by Congress as a response to the numerous children, approximately 1 million, that were being denied an opportunity to attend school and be educated like other children because they had a disability.

7. Congress’s focus regarding the denial of an appropriate education was mainly about two groups of children. - Children that were not able to attend educational facilities at all. - Children that were allowed limited access to an educational facility.

8. Purpose of PL94-142 There were four purposes to PL94-142 • To assure that all children with disabilities have available to them…a free appropriate public education which emphasizes special education and related services designed to meet their unique needs. • To assure that the rights of children with disabilities and their parents…are protected. • To assist States and localities to provide for the education of all children with disabilities. • To assess and assure the effectiveness of efforts to educate all children with disabilities

9. With the passing of PL42-194 children with a disability were now guaranteed a free, appropriate opportunity to be educated in a school. This was done in all the states and localities throughout the United States. It allowed improved efforts so that children with a disability could be identified and educated.

10. It provided a chance to evaluate these efforts and more important provide the due process protection that would apply to children with disabilities and their parents. Educational facilities were provided with additional incentive funding to ensure that all educational facilities within the United States would comply with PL94-142

11. FAPE (Free Appropriate Public Education) FAPE is one of six disciplines related to the Individuals with Disabilities Education Improvement Act (IDEA) of 2004. It states that each child recognized with a disability is entitled to a free appropriate public education. (FAPE)

12. One key component with FAPE is that any parent or family members cannot be approached for any form of payment for special education services that are provided by a school district.

13. As a matter of fact, if a student with a disability has to be educated outside the school district in which they live, the school district will have to take care of all the costs involved, including providing any transportation requirements.

14. There are three concepts that are to be incorporated with FAPE. • Special Education through specially designed instruction. • Related Services • Supplementary aids and services.

15. Individuals with Disabilities Act (IDEA) • Added use of appropriate diagnostic instruments and procedures to determine eligibility for special education services in areas of physical development; cognitive development; communication development; social or emotional development; or adaptive development

16. Amendment of 1997 • Added: Least Restrictive Environment (LRE): Inclusion or mainstreaming of children with disabilities in general education classroom with non-disabled peers To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are to be educated with children who are not disabled and special schooling or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes cannot be achieved satisfactorily Parents must be given prior written notice before implementation of a change educational placement of a child

17. Added to LRE under Reauthorization 2004 …with appropriate supplementary aids and services based on educational needs • Including: assistive technology, modifications to regular class curriculum, assistance of a teacher with special education training, training for the regular education teacher note takers, use of resource room unless stated in IEP • Must maximize opportunities for interaction with nondisabled peers and provide a continuum of alternative placements to include: regular classrooms, special classes, special schools, home instruction, and institutional instruction (hospitals and institutions) • Requires an explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in extracurricular and other nonacademic areas

18. IDEA 1997 added Discipline Provisions to LRE Under special circumstances school may remove a student from general education classroom for not more than 45 school days if the child carries a weapon to school and knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance on school premises

19. Added under IDEA 2004 • Student can be removed if they have inflicted serious bodily injury upon another person • Manifestation determination gives 10 school days from change in placement due to violation of code of conduct to review relevant informationto determine if caused by or directly related to the child’s disability or result of failure to implement the IEP. • If behavior determined a manifestation the IEP team must conduct a functional behavioral assessmentand implement a behavioral intervention plan.

20. Non–Discriminatory Evaluation Procedures under IDEA 2004 Identification of students with learning disabilities: • Must not require the use of a severe discrepancy model • Must permit the use of a process based on the child's response to scientific, research-based intervention (RTI) • Shall not be considered to be a child with a disability if determined to be a lack of appropriate instruction in reading, math, or limited English proficiency • Data is required to demonstrates the child was provided appropriate instruction in regular education settings delivered by qualified personnel

21. A child may be determined to have a disability if they do not achieve adequately for the child's age or meet State-approved grade-level standards when provided with learning experiences and appropriate instruction or make sufficient progress using a process based on response to scientific research based intervention using appropriate assessments for: • Oral expression • Listening comprehension • Written expression • Basic reading skill, reading fluency skills and comprehension • Mathematics calculation and problem solving

22. Revisions in Initial Evaluation under IDEA • Either parent or public agency can make a request to determine if child has a disability • 60 day time frame within which the initial evaluation must be conducted after receiving parental consent for the evaluation • Not applicable if parent repeatedly fails or refuses to produce the child for the evaluation or changes schools out of district • Use of a variety of assessment tools and strategies must be used to determine if child has a disability to gather relevant functional, developmental, and academic information

23. Assessments and evaluation materials used to assess a child must be selected and administered to not be discriminatory and in their native language or other form of communication to obtain accurate information on what the child knows academically, developmentally, and functionally •  Determination of whether the child is a child with a disability and the educational needs of the child shall be made by a team of qualified professionals and the parent of the child

24. Revisions in Reevaluation under IDEA 2004 • Reevaluations of each child with a disability must be conducted if the district determines that the educational or related services of the child warrant a reevaluation • Parent or teacher can request a reevaluation • Limitations to reevaluations that they are not to occur more than once a year unless agreed upon by parent and public agency and must occur at least once every three years unless parent and public agency agree an evaluation is unnecessary • If agency refuses it must provide written notice explaining reasons why and parent’s right to contest through mediation and due process

25. Individualized Education Program (IEP) IDEA requires that public schools create an IEP for each student who is found to be eligible under both the federal and state eligibility/disability standards. • Must be designed to meet the needs of that one child in the Least Restrictive Environment • Specifies the services to be provided and how often • Describes the student’s present levels of performance and how the student’s disabilities affect academic performance • Specifies accommodations and modifications to be provided

26. IDEA requires a child’s IEP be developed solely based on the child’s needs and not based on pre-existing programs or services available in the district. The IEP is written to fit the student and the placement is chosen to fit the IEP.

27. IEP teams must include: • the child’s parent(s) or guardian(s) • regular education and special education teacher • school psychologist • related service personnel • an administrator • the child (if appropriate)

28. Required Content of an IEP: • The child’s present levels of academic and functional performance • Measurable annual goals • Special education services • Child’s progress toward meeting annual goals • Schedule of services • Program modifications or supports • LRE data • Accommodations for state and district assessments • Transition to adulthood at age 16 • Any other pertinent information

29. Procedural requirement for development of IEP Determination of eligibility for special education • Parental consent prior to the start • School must conduct a full evaluation of the child in all areas of suspected disability • The school and parents then get together to review the results of the evaluation and determine whether special education services are needed

30. Developing an IEP The team needs to consider the child’s • strengths • parent(s)/guardian concerns • results of the initial or most recent evaluation • academic, developmental and functional needs • communication needs

31. Determining the appropriate placement: • IDEA requires that the IEP be completed before placement decisions are made so that the child’s educational needs drive the IEP development process. • IDEA requires that children are to be educated with their non-disabled peers to the maximum extent appropriate. A child can only be placed in a separate school or special classes if the severity or nature of the disability is such that appropriate education cannot be provided to the child in the regular classroom, even with the use of supplementary aids and services. • When determining placement, the starting assumption must be the student’s current academic level and needs as evident by the disability. The IEP team is responsible for conducting an annual review.

32. Procedural Safeguards/Due Process Any decisions concerning a student with disabilities are made with parent input and in compliance with all aspects of the law. This is where the parents/guardians get their power • Notice of procedural safeguards • Explanation of all procedural safeguards built into IDEA • Must be in an understandable language • A copy must be present at the IEP meeting • Parent/guardian must sign that they were given a copy • Parent right to review all educational records • Parent right to an independent evaluation • Parents/guardians may reject the recommendations

33. Schools must give parents/guardians a copy of the child’s IEP at no cost • Right to submit a complaint to SEA (State Education Agency) • Mediation (voluntary mediation to be provided by SEA at no cost to parents) • Impartial due process hearing • IDEA provides two methods of resolving disputes between parents/guardians and school districts • Mediation that may be a viable means to review small disagreements with the IEP. • Impartial Hearing which is a due process-based formal proceeding that allows the parents/guardians to challenge the district’s IEP in whole or in part.

34. Federal Assistance “The state is required to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living.”

35. Federal Assistance – Who is Responsible? • It is binding on each public agency in the State that provides special education and related services to children with disabilities, regardless of whether that agency is receiving funds under Part B of the Act. • Private schools and facilities. Each public agency in the State is responsible for ensuring that the rights and protections under Part B of the Act are given to children with disabilities— • (1) Referred to or placed in private schools and facilities by that public agency; or • (2) Placed in private schools by their parents under the provisions (National Dissemination Center for Children with Disabilities)

36. Related Services What are related services? “Under the Individuals with Disabilities Education Act (IDEA), “related services" are a wide array of supportive services provided to children with disabilities to assist them in benefiting from special education. Specifically, the IDEA defines related services as transportation and such developmental, corrective, and other supportive services necessary for a child with a disability to benefit from special education. The need for related services is typically considered during the student’s admission, review, and dismissal (ARD) committee meeting as the committee reviews and discusses the student’s evaluation and assessment data.” (TEA 2008 p. 1)

37. What are some Related Services? • Audiology services • School health services (including assistance with health-related needs during the school day, e.g. catheterization) • Counseling services • Medical services (only to diagnose or evaluate a student’s disability) • Social work services in school • Speech-language therapy

38. What are some Related Services? • Occupational therapy • Transportation • Orientation and mobility services • Parent counseling and training • Physical therapy • Psychological services • Recreation • Rehabilitation counseling services • Interpreting Services (TEA 2008 p. 1)

39. Legal Justification “The legal justification for the provision of related services without qualifying for special education placement can be foundin Section 504 of the Rehabilitation Act of 1973. Thissection prohibits discrimination based on disability within federaland federally assisted programs. Regulations promulgated by theDepartment of Education have more broadly defined the personscovered by this act, as well as the services that are to be provided.According to Section 504, all children should be provided withan appropriate education that could consist of education in regularclasses, education in regular classes with the use of supplementaryservices, or special educational and related services.” (Committee on Children with Disabilities 2000 p. 449)

40. Direct Services • Hands-on, face-to-face interactions between the related services professional and the student. These interactions take place in the classroom, gym, health office, resource room, counseling office, or playground. Typically, the related service professional analyzes student responses and uses specific techniques to develop or improve particular skills. • The professional will also typically: • monitor the student's performance within the educational setting so that adjustments can be made to improve student performance, as needed, and • consult with teachers, administrators and parents on an ongoing basis, so that relevant strategies can be carried out through indirect means (see below) at other times. (TEA 2008 p. 3)

41. Indirect Services • Involve teaching, consulting with, and/or directly supervising other personnel (including paraprofessionals and parents) so that they can carry out therapeutically-appropriate activities. • For example, a school psychologist might train teachers and other educators how to implement a program included in a student's IEP to decrease the child's problem behaviors. • Similarly, a physical therapist may serve as a consultant to a teacher and provide expertise to solve problems regarding a student's access to instruction. (TEA 2008 p. 3)

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