FTCE ESE k-12

FTCE ESE k-12 English Ans- IDEA Ans- Individuals with Disabilities Act. Requires states to provide free, appropriate public education for all students with disabilities who participate in special education. The four main challenge areas: learning, social/emotional, motor skills, and communication. The basic source of law for special education. Represents the latest phase in the philosophy of educating children with disabilities *Brown v. Board of Education, 1954 Ans- Topeka, Kansas. Addressed the inequality of "separate but equal" facilities on the basis of race. School segregation became illegal. *Diana v. The State Board of Education, 1970 Ans- This case resulted in the decision that all children must be tested in their native language Wyatt v. Stickney, 1971 Ans- Established the right to adequate treatment (education) for institutionalized persons with mental retardation *Pennsylvania Association for Retarded Citizens (PARC) v. Commonwealth of Pennsylvania, 1972 Ans- The first right to education lawsuit. Laid the foundation for the right to education for all children with disabilities previously denied if they had not attained a mental age of 5 by the start of first grade. Special Education was guaranteed to children with mental retardation. The victory in this case sparked other court cases for children with other disabilities. *Mills v. Board of Education of the District of Columbia, 1972 Ans- The right to special education was extended to all children with disabilities, not just mentally retarded children. Judgements in PARC and Mills paved the way for P.L. 94-142. Students with disabilities must be given education regardless of the schools' financial limitations. Public Law 93-112 (Rehabilitation Amendments of 1973) Ans- The first comprehensive federal statute to address specifically the rights of disabled youth. It prohibited illegal discrimination in education, employment, or housing on the basis of a disability. Section 504, Rehabilitation Act of 1973 Ans- Section 504 expands on older law by extending its protection to other areas that receive federal assistance, such as education. Protected individuals must (a) have a physical or mental impairment that substantially limits one or more major life activities, such as self-care, walking, seeing, breathing, working, or learning; (b) have a record of such an impairment; or (c) be regarded as having such an impairment. A disability in itself is not sufficient grounds for a complaint of discrimination. The person must be otherwise qualified, or able to meet, the requirements of the program in question. Public Law 93-380 (Education Amendments of 1974) Ans- P.L.94-142 is the funding portion of this act. It required states to provide full educational opportunities for children with disabilities. It addressed identification, fair evaluation, alternative placements, due process procedures, and free, appropriate public education. Public Law 94-142 Education for all Handicapped Children Act), 1975 Ans- Provided for a free, appropriate public education for all children with disabilities, defined special education and related services, and imposed rigid guidelines on the provisions of those services. It paralleled the provision for a free and appropriate public education in section 504 of Public Law 94-142 and extended these services to preschool children with disabilities (ages 3-5) through provisions to preschool incentive grants. Seven fundamental provisions of IDEA Ans- 1. Free Appropriate Public Education (FAPE) 2. Notification and procedural rights for parents. 3. Identification and services to all children 4. Necessary related services. 5. Individualized assessments 6. Individualized Education Plans (IEP's) 7. Least Restrictive Environment (LRE) Goss v. Lopez, 1975 Ans- This case ruled that the state could not deny a student education without following due process. While this decision is not based on a special education issue, the process of school suspension and expulsion is obviously critical in assuring an appropriate public education to children with disabilities. Public Law 95-56 (Gifted and Talented Children's Act), 1978 Ans- This case defined the gifted and talented population, and focused upon this exceptionally category, which was not included in Public Law 94-142 *Larry P. V. Riles, 1979 Ans- This case ordered the reevaluation of black students enrolled in classes for educable mental retardation (EMR) and enjoined the California State Department of Education from the use of intelligible tests in subsequent EMR placement decisions. Parents in Action on Special Education (PASE) v. Hannon, 1980 Ans- Ruled that IQ tests are necessarily biased against ethnic and racial subcultures. Board of Education v. Rowley, 1982 Ans- Amy Rowley was a deaf elementary school student whose parents rejected their school district's proposal to provide a tutor and speech therapist services to supplement their daughter's instruction in the regular classroom. Her parents insisted on an interpreter even though Amy was making satisfactory social, academic, and educational progress without one. In deciding in favor of the school district, the Supreme Court ruled that school districts must provide those services that permit a student with disabilities to benefit from instruction. Essentially, the court ruled that the states are obligated to provide a "basic floor of opportunity" that is reasonable to allow the child to benefit from social education. Public Law 98-199 (Education of the Handicapped Act [EHA] Amendments), 1983 Ans- P.L. 94-142 was amended to provide added emphasis on parental education and preschool, secondary, and post-secondary programs for children and youth with disabilities. Irving Independent School District v. Tatro, 1984 Ans- EHA and IDEA list health services as one of the "related services" that schools are mandated to provide to exceptional students. Amber Tatro, who had Spina Bifida, required the insertion of a catheter on a regular schedule in order to empty her bladder. The issue was specifically over the classification of clean, intermittent catheterization (CIC) as a medical service (not covered under IDEA) or a "related health service" which would be covered. In this instance, the catheterization was not declared a medical service, but a "related service" necessary for the student to have in order to benefit from special education. The school district was obliged to provide the service. The Tatro case has implications for students with other medical impairments who may need services to allow them to attend classes at the school. Smith v. Robinson, 1984 Ans- Concerned reimbursement of attorney's fees for parents who win litigation under IDEA. At the time of this case, IDEA did not provide for such reimbursement. Following this ruling, Congress passed a law awarding attorneys' fees to parents who win their litigation. Public Law 99-372 (Handicapped Children's Protection Act of 1985) Ans- This law allowed parents who are unsuccessful in due process hearing or reviews to seek recovery of attorneys' fees. P.L. 99-457, 1986 (Revisions of EHA) Ans- Beginning with the school year, special education programs were required for children ages 3-5, with most states offering outreach programs to identify children with special needs from birth to age 3. In place of or in addition to an annual IEP, the entire family's needs are addressed by an Individual Family Service Plan (IFSP), which is reviewed with the family every six months. Public Law 99-457 (Education of the Handicapped Act Amendments of 1986) Ans- It reauthorized existing EHA, amended P.L. 94-142 to include financial incentives for states to educate children 3 to 5 years old by the school year, and established incentive grants to promote programs serving infants with disabilities (birth to 2 years of age) Public Law 99-506 (Rehabilitation Act Amendments of 1986) Ans- It authorized formula grant funds for the development of supported employment demonstration projects. School Board of Nassau County v. Arline, 1987 Ans- This case established that contagious diseases are a disability under section 504 of the Rehabilitation Act and that people with them are protected from discrimination if otherwise qualified (actual risk to health and safety to others made persons unqualified) Honig v. Doe, 1988 Ans- Essentially, students may not be denied education from school when their misbehavior is related to their handicap. The "stay put" provision of IDEA allows students to remain in their current educational setting pending the outcome if administrative or judicial hearings. In the case of behavior that is a danger to the student or to others, the court allows school districts to apply their normal procedures for dealing with dangerous behavior, such as time-out, loss of privileges, detention, or study carrels. Where the student has presented an immediate threat to others, that student may be temporarily suspended for up to 10 school days to give the school and the parents time to review the IEP and discuss possible alternatives to the current placement. Public Law 101-336 (Americans with Disabilities Act ADA), 1990 Ans- This law was patterned after section 504 of the Rehabilitation Act of 1973 and gives civil rights protection to individuals with disabilities in private sector employment, all public services, public accommodations, and telecommunications. It bars discrimination in employment, transportation, public accommodations, and telecommunications in all aspects of life, not just those receiving federal funding. Title II and Title III are applicable to special education because they cover the private sector, such as private schools, and require access to public accommodations. New and remodeled public building, transportation vehicles, and telephone systems now must be accessible to the handicapped. ADA also protects individuals with contagious diseases, such as AIDS, from discrimination. *Opens the door for people with disabilities to be employed through community based training and job coaches. Public Law 101-476 (Individuals with Disabilities Education Act/IDEA), 1990 Ans- Reauthorized and renamed existing EHA. This amendment to EHA changed the term "handicapped" to "disability," expanded related services, and required individual education programs (IEPs) to contain transitional goals and objectives for adolescents (ages 16 and above, special situations) Florence County School District Four v, Shannon Carter, 1993 Ans- This case established that when a school district does not provide FAPE for a student with a disability, the parents may seek reimbursement for private schooling. This decision has encouraged districts to be