Principles stated within IDEA - ✔️✔️- zero reject. Schools must educate all children
regardless of nature or severity of disability
- nondiscriminatory identification and evaluation. - FAPE. To ensure FAPE and IEP
must be developed to meet the needs of children with special needs.
- LRE. Students with disabilities should be educated to the maximum extent
appropriate.
- Due process safeguards. Schools must protect the rights of children with disabilities
and their parents. This includes requiring parental consent on evaluations and
placement and giving notice for IEP meetings. If parents disagree with schools
decisions they can request a due process hearing or mediation to resolve the issue
- parent and student participation and shared decision making.
Americans with Disabilities Act ADA - ✔️✔️- Civil rights law that provides equal
opportunity to those with disabilities
- Requires most employers to make reasonable accommodations for them. This law
ensures that society's infrastructures such as transportation and buildings are
accessible to people with disabilities. Although ADA does not deal directly with the
education of students with disabilities, it does cover students with disabilities.
Section 504 of the Vocational Rehabilitation Act - ✔️✔️For students with hidden
disabilities or impairments not otherwise covered or apparent ex. diabetes ADHD or
wheelchair bound students
To qualify the child
1. Must have a disability
2. That adversely impacts education
3. And requires accommodations
Some students with disabilities may not qualify for special education services because
they do not meet the two-pronged eligibility requirements of having a disability and
needing special services; however, they may still require accommodations and/or
modifications in order to participate fully in school activities.
Education for all Handicap Children Act PL 94 142 - ✔️✔️Landmark legislation that
began special education in the US (1st SPED law). It states that schools must provide
children with special needs the same opportunities for education as other children
Later renamed IDEA
P.L. 99-457 - ✔️✔️requires each state to fully serve all preschool children with
disabilities ages 3 to 5 years. Specifically, states are required to provide preschoolers
with the same services and protections available to school-aged children. The law also
,includes an incentive grant program to encourage states to provide early intervention
services to infants and toddlers with disabilities and to their families. These early
intervention services are prescribed and implemented according to an Individualized
Family Service Plan (IFSP) written by a multidisciplinary team that includes the child's
parents
Federal Educational Rights and Privacy Act FERPA - ✔️✔️A federal privacy law that
provides the right to:
1. obtain records within 45 days of request
2. request amendment of inaccurate information or that which violates privacy
3. Be notified if information is shared with 3rd party
4. File complaints if DOA does not comply
required team members at IEP - ✔️✔️-Parents
-General education teacher
-Special education teacher
- Representative of the school who is qualified to provide, or supervise the provision of,
specially designed instruction (principal)
-An individual who can interpret the instructional implications of evaluation results
(psych)
-Other individuals who have knowledge or special expertise regarding the student, if
desired by the parent or the school
-The student with a disability, as appropriate
Individuals with Disabilities Education Act IDEA - ✔️✔️Law that guarantees educational
rights to all students with disabilities and makes it illegal for schools to refuse to educate
them.
To qualify the child must:
1. Have a disability
2. That adversely impacts education
3. And needs supports
Brown v Board of Education - ✔️✔️*Desegregation
-Civil rights legislation that declared segregation unconstitutional
-It was used to set a precedent for children with disabilities
Pennsylvania Association for Retarded Children V Commonwealth of Pennsylvania -
✔️✔️*Right to Education
Law that required states to guarantee FAPE to all children ages 6-21
Diana V State Board of Education - ✔️✔️*Class Placement
, Law that stated linguistically different students must be tested in their primary language
and English with a test void of cultural bias
Larry P V Riles - ✔️✔️*Class Placement
African American students could not be placed in classes for children with disabilities
based on an intellectual assessment that was determined culturally or racially bias
Board of Education V Rowley - ✔️✔️*Appropriate Education
-Ruled that an appropriate education gives students reasonable opportunity to learn.
- An appropriate education is not always synonymous with an optimal one
(Rowley, female with hearing impairment)
Hong V Doe - ✔️✔️Ruled that children whose behavior is a result of their disability
cannot be suspended from school
Oberti V Board of Education - ✔️✔️*Least Restrictive Environment LRE
-Ruled that disabled students must by offered aids and services in general education
prior to receiving a more segregated placement
- Established a clear preference for integration and that exclusion must have
documentation and justification
Winkelman V Parma City School District - ✔️✔️*Parental Rights
Ruled that parents have the right to represent their children in IDEA court cases without
a lawyer
Project Hope - ✔️✔️International healthcare organization that works to make health
care available around the globe by education health professionals and workers
Council for Exceptional Children CEC - ✔️✔️-Works to improve educational success of
children and youth with disabilities
-Improves quality of life and enhances family engagement
The Arc of the United States - ✔️✔️An organization founded to advocate for the rights
and full participation of all children and adults with disabilities
Categories of Disability under IDEA - ✔️✔️Autism
Deaf-blindness
Deafness
Hearing impairment
Speech or language impairment