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The Legal Foundation For Special Education

The Legal Foundation For Special Education Litigation History Section 504 of the Vocational Rehabilitation Act of 1973 Court Rulings Pl 94-142 The Education for all Handicapped Children Act Pl 99-457 The Education of the Handicapped Act IDEA & Amendments of 1997 ADA Litigation History

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The Legal Foundation For Special Education

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  1. The Legal Foundation For Special Education • Litigation History • Section 504 of the Vocational Rehabilitation Act of 1973 • Court Rulings • Pl 94-142 The Education for all Handicapped Children Act • Pl 99-457 The Education of the Handicapped Act • IDEA & Amendments of 1997 • ADA

  2. Litigation History • Special education litigation began to appear in the 1960’s. • By 1974, over 36 “right to education” lawsuits were filed in 25 states

  3. Exclusion/School Attendance • 1893 - Watson v. City of Cambridge • 1919 Beattie v. State Board of Education • 1954 Brown v. Board of Education • 1972 Mills v. Board of Education • 1972 Pennsylvania Association for Retarded Children (PARC) v. Commonwealth of Pennsylvania • 1984 School Committee of Town of Burlington v. Massachusetts Department of Education • 1988 Honig v. Doe

  4. Rights/Services • 1967 Hobson v. Hanson • 1969 Tinker v. Des Moines Independent • 1977 Halderman v. Pennhurst • 1979 Larry P. v. Riles • 1980 PASE (Parents Action on Special Education v. Hannon • 1984 Irving Independent School District v. Tatro • 1991 Christi Greer v. Rome

  5. Before 94-142 1967 Hobson v. Hanson 1969 Tinker v. Des Moines 1970 Diana v. BOE Post 94-142 1979 Larry P. v. Riles 1980 PASE v. Hannon 1982 BOE v. Rowley 1984 Irving v. Tatro Litigation Rights & Services

  6. Pl 94-142 • Education for all Handicapped Children Act (1975) • Provided federal funding • FAPE • LRE • Procedural safeguards • Non-discriminatory evaluation • IEP

  7. Individuals with Disabilities Education Act (IDEA) 1990 • Handicap changed to disability • Person first language • Added TBI & Autism categories • Transition services • Address assistive technology & services

  8. FAPE Nondiscriminatory Evaluation IEP LRE Discipline Related Services Parents Rights Additions/Changes from IDEA 1990 General ed. teacher added to IEP team Must address communication, VI requiring Braille Offer mediation Discipline changes IDEA ‘97 Amendments

  9. Programming issues Modifications available?? Modifications required Modification=benefits Negative impact for students or others General education interaction Individual issues Education benefits in gen. ed. vs. spec. ed. Nonacademic benefits Cost of supplementary aids to support in gen. ed. LRE & Daniel R.R.

  10. Americans with Disabilities Act (ADA) 1990 • Expanded 504 into private sector • Public facilities must be accessible • TDD services • Criticized due to expansiveness

  11. IEP Contents • Student’s present level of performance • Annual goals and short term objectives • Where? Who? Provides Services • Starting date & duration of services • Extent of participation in general education • Explanation of time not in general ed. • Evaluation plan for objectives • Transition plan by age 14

  12. Section 504 • Anti-discrimination statute • Violations investigated by OCR • Funding pulled for non-compliance • Definition of impairment very global • May qualify under Sec. 504 but not qualify for special education

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