IDEA and other Laws

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IDEA and 504

Previous to 1960s with IDEA, many handicapped students were not taught in the schools.

1971 - Penn Ass. of Retarded Persons vs. Commonwealth of Penn.[PARC] – Parents won access to public education for their children with MR.
• All states were required to identify students with MR for education.
• They had to “get the word out” that services were available.

Mills vs. the Board of Ed. of the District of Columbia – 1972
• Individualization of educational programs must be offered to students with disabilities.
• Provided a limitation on the number of disciplinary suspensions and expulsions which could occur for children with disabilities.

1973 – an amendment to the civil rights act, the Rehabilitation Act of 1973 became section 504.
• Says you can not discriminate against pupils with any handicaps if the school system is receiving any federal assistance.

Elementary and Secondary Education Act of 1965 – beginnings of IDEA
• Provided grants to states to help them to develop and improve programs for children with disabilities.
• Was eventually repealed – but replaced by several laws
• Was wimpy compared to what replaced it. Esp. because MONEY TALKS!

Education Amendments of 1974
• Aid would be increased when the schools provided full services to schools with disabilities.

Education of all Handicapped Children act of 1975 = P.L. 94-141.
• Introduced the concept of FAPE (Free Appropriate Public Education)

In 1990, the law was changed to IDEA (Individuals with Disabilities Education Act) P.L. 141-476

P.L. 105-15 (IDEA 1997)
• Part B deals with school aged children with disabilities and funding.
• Part C addresses infants and toddlers with disabilities and funding
• Part D talks about funding for national activities
• The fed gov. provides at most 14% of funding for special education.

The Office of Special Education Program (OSEP) is the agency which monitors state compliance of IDEA.

The Ohio Board of Education monitors the LEA (Local Education Administration)

Specific rules as results of court cases:

FAPE must be provided for children with disabilities who have been suspended for more than ten days.

If the parents put a child in private school without consulting the public school, the only services the public school has to provide is what is on the IEP

If the school says the child needs to go to a private school, the school is responsible for everything. Ex. Children who are enrolled in a school for hearing impairments.

Zero reject principle – all children must be identified and provided services, regardless of disability.

Tim. W. vs Rochester NH – the child should receive services even if he can not show that he will benefit from services. – in other districts, cases have gone the other way.

Thirteen disability categories in IDEA (see p 123-124 categories, 125-132 text and handout on Ohio laws)

IDEA does not require states to label children in categories. Most states do so, anyway.

The due process clause of the 14th amendment protects anyone from the stigmatizing effects of labeling.

Brown vs. Board of Education 1954
Segregation by race is a denial of the right to equal protection (equal education opportunity)

Know cases on 134-135!!

IDEA 97 requires states to gather data to determine whether or not there are disproportions of certain populations in the different eligibility areas. – Then evaluate and find out why and fix it

Must use multiple strategies in evaluations of students. Tests must be valid and reliable – all decisions must be made by a team.

Parents have a right to an independent eval if they agree with your results – the district will pay for that.

A complete re-eval is not necessary. They must, however, address whether or not the student continues to be eligible, present level of performance, and the need for continued special ed. services.

Re-eval IS required for students exiting special ed.

The IEP team MUST include the following: parent, reg ed. teacher, special ed. teacher, representative of the LEA (school district), person who can interpret instructional implications of eval results, the child, if appropriate, and other people invited by the parents.

Schools must make every effort to make sure the parents understands and participates in the process.

A written IEP is required (see pg 141-142 for components) for students who have been determined to be eligible. Should include positive behavioural supports and any testing accommodations needed.

Some of the special ed. services avail. include speech, transportation, the school psychologist, physical & occupational therapy, social work, counseling, mobility services, diagnostic medical services, school health services, parent counseling and training, etc.

Know cases from Pg 153-154.

Remember, if you write it in the IEP, be prepared to pay for it.

If the school and the parent disagree, the “stay put” rule is enacted.

Team members may express a dissenting opinion in writing at any point in the process.

The least restrictive environment is a key concept which evolved from the court cases of the 1960s. consider it first, then move on to other environments.

Four things to consider… (p 148-9)

1. Is the educational benefit in the reg. ed classroom supplemented with aids and services compared to services in the special ed. classroom?
2. What are the non-academic benefits of interaction with non disabled children?
3. What is the effect of the child’s presence on the teacher and other children in the classroom.
4. $

Will the child’s presence in the classroom be a problem? Is he too disruptive? Is she taking too much of the teacher’s time.

As a result of the Holland decision – IDEA 1997 says a positive behaviour intervention plan must be put into place for students who are considered to be a problem in the classroom.

Know: P 150 Exibit 5-3 Schools need to provide a floor of opportunity – not the best ideal opportunity, as this would be too costly for everyone.

When examining programs, ask, was IDEA followed? And was the program reasonably designed to help the child?

Extended School Year: There is no pressure on the parents to prove anything to say it would be advantageous, they just need to say they believe it is needed.

Extended or shortened school days can be considered if they will help the child.

Assistive technology must be made available to a child with disabilities.

If no parent can be identified, a surrogate parent can be appointed. Homeless students, deceased parents, foster placements, etc.

P.L. 99-457 Education for the Handicapped Act Adm. 1986
IDEA Part C
• Provides grants to states to provide early intervention
• Instead of an IEP, they use an IFSP (Individualized Family Service Plan) – services can be given to both the child and the family (counseling, family training, etc.)

Section 504 of the Rehabilitation Act of 1973

• Civil rights legislation
• Prohibits discrimination against students with handicaps in school systems that receive federal financial support.
• Monitored by the Office of Civil Rights.
• No funding, is not a grant program.
• But funding can be removed if you don’t comply with it.
• Older than IDEA
• All IDEA is 504
• Not all 504 is IDEA
• IDEA has the funding
• If a child qualifies only under 504, they can get IDEA services, but there is no funding.
• Almost unlimited in its broad definitions
• IDEA only has the 13 categories

ADA (Americans with Disabilities Act of 1990)
• P.L. 101-336 (ADA)
• Covers students and staff. (everyone with access to public buildings)

Filed under: EDC 572 Role & Function of the School Psychologist
Copyright: October, 2003 - David Profitt