CPSE 470 Final Exam
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quizlette85805 on August 7, 2012
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lots o' law.
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59 terms
Terms | Definitions |
|---|---|
 six basic principles of IDEA | 1. zero reject/child find 2. non-discriminatory identification and assessment 3. FAPE 4. IEP 5. LRE 6. Due process |
| 7th principle of IDEA added in 2004 | informed consent--keeps parents in the know |
| Eight parts of an IEP | 1. PLAAFPs 2. MAGs 3. how to measure progress and when progress will be reported 4. specify time in special education, related services, and supplementary aids and services 5. inclusion 6. individual accommodations 7. date of initiation and duration 8. transition |
| levels of court systems, lowest to highest | 1. court of original jurisdiction 2. state supreme court 3. intermediate appellate courts (circuit courts) 4. US supreme courts |
| court of last resort | US Supreme Court |
| Brown v. Board of Education of Topeka, Kansas (1954) | Supreme Court Ruling: We conclude that in the field of public education the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal." -Supreme Court ruled that separate but equal has no place, we cannot deprive children of the minority group equal educational opportunity, this applies to our special needs students as well. |
| procedures for removing a student to a MORE restrictive environment. | after evaluation suggesting a change of placement is necessary, parents must be notified in writing of planned actions and given an opportunity to contest the actions |
| FAPE | FAPE is a student's right to a free appropriate public education. The student must be provided with specially designed instruction in order to meet their unique needs. |
| how would a due process hearing officer would determine whether a FAPE has been provided? | A due process hearing officer would look at the students IEP and determine if it was individually designed and if it was written to ensure some educational benefit by looking at the data and seeing if there was progress made. They would look to see if there is procedural errors/evidence (IEP written to follow all procedures) and substantive errors/evidence (substantial evidence that affects outcome). |
| things you cannot do under FERPA and what you must do to maintain confidentiality of children's personal information | FERPA is the Family Educational Rights and Privacy Act. It grants parents and eligible students access to their educational records and it limits the access of outsiders to these records. FERPA covers all educational records that contain personally identifiable information relating to students and that are maintained by educational agencies or by persons acting on their behalf. FERPA also protects directory information (name, address, telephone, birthday, height, weight, etc.) -You need to inform parents and ask permission to share student information, and if a third party is seeking access to records they need written consent from parents and reasons for the proposed release. |
| what is "highly prepared" under the No Child Left Behind Act? | -Bachelors Degree --full state certification or licensure --prove they know each subject they teach |
| how do you determine whether or not your students are eligible for ESY? | You look at the progress the student has made and how much the student is able to retain or how much the student remembers and how long it would take them to catch them up to where they previously were. Student is not entitled to an extended year placement unless a regression is severe or substantial; usually this is measured over two breaks throughout the school year to determine ESY eligibility |
| case law | results from court opinions (also referred to as common law or judge made law) |
| affirm | to uphold the decision of a lower court in an appeal |
| appellant | the party who appeals a decision court to a higher court |
| appeal | a resort to a higher court seeking review of a judicial action |
| equity | fairness: actions, treatment of others, or a general condition characterized by justice, fairness, and impartiality. |
| defendant | the party against whom a suit is brought |
| plaintiff | the party bringing a suit to a court of law (the person with the issue) |
| holding | the part of a court's decision that applies the law to the facts of the case |
| expulsion | a long-term exclusion from school, more than 10 days. |
| suspension | the short-term exclusion of a student from school (less than 10 days) |
| punitive damages | compensation awarded to a plaintiff that is over and above the actual loss suffered. Such damages are designed to punish the defendant for wrongful action and to act as incentive to prevent similar action in the future. |
| opinion | a courts written explanation of its judgment. |
| class action | a suit brought on behalf of named plaintiffs as well as others who may be similarly situation. |
| moot | when a real, or live, controversy no longer exists. For example, if a student graduates or turns 22, a suit becomes moot because there is no longer a dispute. |
| mediation | is used to resolve disputes involving a written request for a due process hearing. It is voluntary and may not deny or delay parents' right to a due process hearing. |
| manifestation determination | conduct that was caused by or had a direct and substantial relationship to students with disabilities, or conduct that was the direct result of the failure of school officials to implement the IEP of the student. |
| Utah Definition of Special Education | Specially designed instruction, at no cost to the parents, to meet the unique needs of a student with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and instruction in physical education. |
| Utah Definition of IEP | written statements for each child with disabilities that are developed, reviewed, and revised in accordance with its dictates. |
| # of days from the day of the referral of a child for Sped until testing must be completed | 45 |
| # days a student can be suspended in a school year | no more than 10 consecutive school days until he must be provided w/ educational services |
| limit of days team has to rewrite an IEP before it is out of compliance | 364 (1 year) |
| how often must reevaluation occur? | every 3 years |
| number of the federal judicial circuit where you live now | 10 |
| what is your caseload limit? Where do you find this? | page 195 of the State Rules: LEA oversees the caseload (12-15 for severe) |
| reasonably calculated to confer benefit | criteria for "appropriate" education as referenced by FAPE |
| retention | students ability to keep or maintain skills over a break from educational instruction |
| recoupment | time it takes a student to regain skills lost during a break from educational instruction |
| continuum of placement | a range of existing degrees of inclusion amongst non-disabled peers; helps team determine LRE |
| OSERS | Office of Special Education and Rehabilitation Services |
| Arne Duncan | U.S. Secretary of Education, wanted to judge teachers partly by how their students were doing on standardized testing. Doesn't believe in the current NCLB |
| Daniel R v. El Paso ISD | about a 6 year old boy with down syndrome, they asked two questions, was the gen ed classroom-PG 17 TEXT able to provide supplements needed for him to learn well, and had he been mainstreamed to the highest extent possible. (Used this instead of the Ronker test in this case.) They placed him in sped because needs could not be met in gen ed. |
| 10th circuit | Utah, Wyoming, Colorado, Kansas, Oklahoma, New Mexico |
| ADA | Americans with Disabilities Act |
| Law in which Section 504 is contained | Rehabilitation Act of 1973 |
| Rowley v. Board of Education | 1982; deaf girl in kindergarten (Ann?); deaf parents wanted the school district to pay for an interpreter for her; courts denied them this because she was already receiving passing marks without one--said that the law mandated the school provide her with only SOME educational benefit; a camaro, not a cadillac |
| Oberti v. Board of Education | 1993, 3rd circuit; adopted a 2-part test (from Daniel RR v. State Board of Ed) for assessing compliance w/ LRE mandate: 1) whether children with disabilities can be educated satisfactorily in reg classrooms with the use of supplementary aids and services; 2) if placements outside of regular classroomas are necessary, educators must consider whether children were mainstreamed to the maximum extent appropriate; also placed the burden of proof on schools |
| OCR | office of civil rights--police arm for 504 of rehab act--they do the enforcing |
| P.L. 94-142 | Education of All Handicapped Children Act--later became IDEA |
| which supersedes the other, federal law or state law? | federal law |
| due process | right to know in advance (14th amendment); can't deprive a person of life, liberty or property without this |
| define related services | transportation and other developmental, corrective and other supportive services as are required to assist a student to benefit from Special Education, such as Speech-language services, auditory services, interpreting, psychology, pt, ot, therapeutic recreation, counseling, school health, school nurse, social work in schools, parent counseling and training, etc; doesn't apply to cochlear implants |
| statutory requirements | procedures required by law for engaging in a certain activity |
| Honig v. Doe | 1988 case taken to the Supreme Court; court ruling attempted to strip school officials of unilateral authority to exclude students with disabilities for disciplinary infractions; determined that dangerous students with disabilities cannot be denied educational benefits under IDEA; placed a 10 consecutive-day limit on suspension; Honig injunction--schools can obtain an allowance to remove students from school who are dangerous or create a serious disruption of education |
| Charles Hamilton Houston | attorney deeply involved in civil rights movements; first big issue involved man who was 1/16 black and rode on a white bus and was arrested; his work led to civil rights for people with disabilities |
| # of days a student can expelled in a school year | can be placed in an interim alternative setting for up to 45 days |
| What is AYP? How is it determined? | Adequate Yearly Progess; depends on district, data teacher has kept, test scores, etc. (NCLB) |
| What 3 criteria must be present in order for a child to receive Special Ed services? | 1. between ages 3 through 21 2. has a diagnosed disability 3. needs Special Education services to receive educational benefit |
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