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Special Ed Law and History

PIAGET'S COGNITIVE STAGES

-Sensorimotor: (birth to about age 2)
During this stage, the child learns about himself and his environment through motor and reflex actions.
-Preoperational: (begins about the time the child starts to talk to about age 7)
Applying his new knowledge of language, the child begins to use symbols to represent objects.
-Concrete: (about first grade to early adolescence)
During this stage, accommodation increases. The child develops an ability to think abstractly and to make rational judgements about concrete or observable phenomena, which
-Formal Operations: (adolescence)capable of hypothetical and deductive reasoning.

Samuel Kirk- Discovery

1950's
noticed misclassified children w/ Intellectual disability
felt misclassified because:
IQ too high
After intensive remediation reading progress made
Left and became self supporting

Fragile X Syndrome

inherited Intellectual disability
mutated gene passed from parents
not enough protein for brain cells to develop

Cruichshack- Strauss syndrome

identified Strauss syndrome in children w/ average intelligence
lead to study carrel (idea of no distractions)

REI - regular education initiative

concept promoted by former Assistant Secretary of Education Madeline Will. The goal of the REI is to merge the special education and regular education systems into a unitary system.

Occupational therapy

A special education related service which is usually focused upon the development of a student's fine motor skills and/or the identification of adapted ways of accomplishing activities of daily living when a student's disabilities preclude doing those tasks in typical ways (e.g. modifying clothing so a person without arms can dress himself/herself).

Functional curriculum

A curriculum focused on practical life skills and usually taught in community based settings with concrete materials that are a regular part of everyday life. The purpose of this type of instruction is to maximize the student's generalization to real life use of his/her skills.

EHA - Education for All Handicapped Children Act

P.L. 94-142. It became effective in 1975 and has been significantly modified by the Individuals with Disabilities Education Act (1977).

ADHD - Attention Deficit Hyperactive Disorder

A condition identified as a medical diagnosis by the American Psychiatric Association's Diagnostic and Statistical Manual III-Revised (DSM III-R). This condition is also often called Attention Deficit Disorder (ADD) because of that usage in a previous edition of DSM. Although it is not a service category under IDEA, children with this condition may be eligible for service under other categories or under Section 504.

IDEA Categories and Definitions- Autism

1. Autism...
...means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a child's educational performance.

IDEA Categories and Definitions- Deaf-Blindness

2. Deaf-Blindness...
...means concomitant [simultaneous] hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness.

IDEA Categories and Definitions- Deafness

3. Deafness...
...means a hearing impairment so severe that a child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a child's educational performance.

IDEA Categories and Definitions-Developmental Delay

4. Developmental Delay...
...for children from birth to age three (under IDEA Part C) and children from ages three through nine (under IDEA Part B), the term developmental delay, as defined by each State, means a delay in one or more of the following areas: physical development; cognitive development; communication; social or emotional development; or adaptive [behavioral] development.

IDEA Categories and Definitions-Emotional Disturbance

5. Emotional Disturbance...
...means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child's educational performance:
(a) An inability to learn that cannot be explained by intellectual, sensory, or health factors.
(b) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.
(c) Inappropriate types of behavior or feelings under normal circumstances.
(d) A general pervasive mood of unhappiness or depression.
(e) A tendency to develop physical symptoms or fears associated with personal or school problems.
The term includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance.

IDEA Categories and Definitions-Hearing Impairment

6. Hearing Impairment...
...means an impairment in hearing, whether permanent or fluctuating, that adversely affects a child's educational performance but is not included under the definition of "deafness."

IDEA Categories and Definitions- Intellectual Disability

7. Intellectual Disability...
...means significantly subaverage general intellectual functioning, existing concurrently [at the same time] with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a child's educational performance.
(Editor's Note, February 2011: "Intellectual Disability" is a new term in IDEA. Until October 2010, the law used the term "mental retardation." In October 2010, Rosa's Law was signed into law by President Obama. Rosa's Law changed the term to be used in future to "intellectual disability." The definition of the term itself did not change and is what has just been shown above.

IDEA Categories and Definitions- Multiple Disabilities

8. Multiple Disabilities...
...means concomitant [simultaneous] impairments (such as mental retardation-blindness, mental retardation-orthopedic impairment, etc.), the combination of which causes such severe educational needs that they cannot be accommodated in a special education program solely for one of the impairments. The term does not include deaf-blindness.

IDEA Categories and Definitions- Orthopedic Impairment

9. Orthopedic Impairment...
...means a severe orthopedic impairment that adversely affects a child's educational performance. The term includes impairments caused by a congenital anomaly, impairments caused by disease (e.g., poliomyelitis, bone tuberculosis), and impairments from other causes (e.g.,cerebral palsy, amputations, and fractures or burns that cause contractures).

IDEA Categories and Definitions-Other Health Impairment

10. Other Health Impairment...
...means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that—
a) is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome; and
(b) adversely affects a child's educational performance.

IDEA Categories and Definitions-Specific Learning Disability

11. Specific Learning Disability...
...means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations. The term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. The term does not include learning problems that are primarily the result of visual, hearing, or motor disabilities; of mental retardation; of emotional disturbance; or of environmental, cultural, or economic disadvantage.

IDEA Categories and Definitions-Speech or Language Impairment

12. Speech or Language Impairment...
...means a communication disorder such as stuttering, impaired articulation, a language impairment, or a voice impairment that adversely affects a child's educational performance.

IDEA Categories and Definitions-Traumatic Brain Injury

13. Traumatic Brain Injury...
...means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child's educational performance. The term applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech.
The term does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma.

IDEA Categories and Definitions-Visual Impairment Including Blindness

14. Visual Impairment Including Blindness...
...means an impairment in vision that, even with correction, adversely affects a child's educational performance. The term includes both partial sight and blindness.

Precision teaching

precise and systematic method of evaluating instructional tactics and curricula.
was pioneered by Ogden Lindsley in the 1960s based largely on Skinner's operant conditioning.
"the child knows best"
Daily measurement of performance
Self-recording by students and sharing of results

Medications used to treat problem behaviors (stimulants):

for ADHD
Ritalin
Conceta
Adderall
Daytrana

Meichenbaum's self-regulated theory

1. Using Self-help methods can improve grades in the class room. These children usually set high goals for themselves in the class room. The students that use this strategy use methods such as self-interoggating, self-monitoring, asking for help, and using aides.
2. Self-help methods involve things such as self-observation and self-evaluation. Self-help also focuses on the cut down of procrastination and how to stop bad habits. The main focus in self help methods is learning from observing, self-instruction, and practicing new behaviors.
3. Verbal protocol is a self-help method. Verbal protocol allows a person to use cognitive processes to solve problems.
4. Self-regulated learning is associated with planning and monitoring cognitive and affective process that accomplish academic task with success. You can also benefit with self-regulated learning in cooperative learning. Self-regulated learning is the best when a student is be able to have the ability, motivation, and quality of instruction.
5. Self-control therapy is to help an individual with behavior problems. With self-instruction and self-statements it allows an individual to guide themselves through a problem without getting out of control. An individual is encouraged to do self-talk to calm themselves down.

Formative assessments

Formative assessments are ongoing assessments, observations, summaries, and reviews that inform teacher instruction and provide students feedback on a daily basis.

Cooperative Teaching- Co Teaching

In a cooperative teaching model, one classroom is shared by two or more teachers. These teachers will share all responsibility including planning, instruction, and grading.

Team teaching

Team teaching involves a group of instructors working purposefully, regularly, and cooperatively to help a group of students of any age learn. Teachers together set goals for a course, design a syllabus, prepare individual lesson plans, teach students, and evaluate the results. They share insights, argue with one another, and perhaps even challenge students to decide which approach is better.

Parallel Teaching

Teachers jointly plan instruction, but each may deliver it to half the class or small groups. This type of model typically requires joint planning time to ensure that as teachers work in their separate groups, they are delivering content in the same way.

Station Teaching

Students are divided into heterogeneous groups and work at classroom stations with each teacher. Then, in the middle of the period or the next day, the students switch to the other station. In this model, both teachers individually develop the content of their stations.

PDD-NOS

Pervasive Developmental Disorder—Not Otherwise Specified
often referred to as atypical autism
The two main characteristics of the disorder are difficulties with social interaction skills and communication

The social model

The social model of disability sees the issue of "disability" as a socially created problem and a matter of the full integration of individuals into society (see Inclusion (disability rights)).

The medical model

The medical model is presented as viewing disability as a problem of the person, directly caused by disease, trauma, or other health condition which therefore requires sustained medical care provided in the form of individual treatment by professionals. In the medical model, management of the disability is aimed at a "cure,"

Child Development Project

Healthy and Safe Children
Children Succeeding in School


Type of Service
Instructional Support
Type of Outcome Addressed
Behavior Problems
Cognitive Development / School Performance
Physical Health
Substance Use and Dependence
Violent Behavior

LSI- Life Space Crisis Intervention

It is a crisis intervention technique in which a student's behavior is discussed with him/her at the time of the problem's occurrence.

Behavior Support Plan

IDEA requires development of BSP:
1-when student's behavior results ina suspension up to 10 days or impending change of placement
2-pattern of behavior impedes learning of child or another child.

Functional Behavior Analysis

set of procedures for determining the function of a behavior by sytematic manipulation of evnironmental variables, antecedents and consequences and doucmenting the occurence of target behvior.

15. According to the 2004 Reauthorization of the Individuals with Disabilities Education Act, which person is now required to be included on the student´s Individualized Education Program (IEP) team?

(*) C. A general education teacher.

14. When does the Individuals with Disabilities Education Act require the Individualized Education Program (IEP) to be developed?

(x) A. At the beginning of the school year.
Answer is C.
B. At the beginning of the calendar year (January).
(*) C. Before the beginning of the school year. (correct)
D. Before the student leaves preschool.

20. Which of the following would not be considered a critical element in developing collaboration among educational professionals?

20. Which of the following would not be considered a critical element in developing collaboration among educational professionals?

3. Which of the following piece of legislation mandated special education services for children with disabilities under the age of five?

Education for All Handicapped Children Act of 1975
B. P.L. 94-142
(x) C. Individuals with Disabilities Education Act
Answer is D.
(*) D. P.L. 99-457

5. What type of services is provided to another person, such as a parent or a primary caretaker who in turn then serves the child with a disability?

A. Physical therapy
B. Related services
C. Direct services
(*) D. Indirect services
Correct.

8. The students with the highest dropout rates are in which disability category?

A. Students with autism.
B. Students with mental retardation.
(*) C. Students with emotional disturbance.
(x) D. Students with learning disabilities.
Answer is C.

17. Which of the following statements best characterizes the relationship between students from culturally diverse backgrounds and disability status?

(*) A. The larger the minority student population in the school district, the greater the representation of students from culturally diverse backgrounds in special education programs.

25. Individuals from high-context cultures tend to focus on which aspect when communicating with others?

(*) A. Nonverbal cues
B. Events of the present
(x) C. Verbal cues
Answer is A.
D. Equal relationship between parties

26. An individual from a low-context culture would most likely use which type of communication style to get his/her point across?

A. Storytelling
(x) B. Facial expressions and body gestures
Answer is C.
(*) C. Direct verbal communication
D. Contextual cues

Who is protected under Section 504 of Rehab Act?

Section 504 is a civil rights law. Section 504 protects individuals with disabilities from discrimination and ensures that children with disabilities have equal access to an education.
Any person who (1) has a physical or mental impairment that substantially limits one or more major life activities, (2) has a record of such an impairment, or (3) is regarded as having such an impairment. Major life activities include walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself, and performing manual tasks.

Who is protected under ADA?

The Americans with Disabilities Act gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications.
Who Is Protected?--Any individual with a disability who: (1) has a physical or mental impairment that substantially limits one or more life activities; or (2) has a record of such an impairment; or (3) is regarded as having such an impairment. Further, the person must be qualified for the program, service, or job.

Who is protected under IDEA?

a child has a disability that adversely affects educational performance, that child is eligible for special education services under IDEA. All children who eligible for special education services under IDEA are protected under Section 504 (but the converse is not true).

What are the evaluation and placement procedures for Section 504?

Unlike IDEA, Section 504 requires only notice, not consent, for evaluation. It is recommended that district obtain parental consent. Like IDEA evaluation and placement procedures under Section 504 require that information be obtained from a variety of sources of the area of concern; that all data are documented and considered; and that decisions are made by a group of persons knowledgeable about the student, evaluation data, and placement options. Section 504 requires that students be educated with their non-disabled peers to the maximum extent appropriate. Section 504 does not require a meeting for any change in placement.

What are the evaluation and placement procedures for ADA?

The ADA does not specify evaluation and placement procedures: it does specify provision of reasonable accommodations for eligible activities and settings. Reasonable accommodations may include, but are not limited to, redesigning equipment, assigning aides, providing written communication in alternative formats, modifying tests, redesigning services to accessibility locations, altering existing facilities, and building new facilities

What are the evaluation and placement procedures for IDEA?

A comprehensive evaluation is required. A multidisciplinary team evaluates the child, and parental consent is required before evaluation. IDEA requires that reevaluations be conducted at least every 3 years. For evaluation and placement decisions, IDEA requires that more than one single procedure or information source be used; that information from all sources be documented and carefully considered; that the eligibility decision be made by a group of persons who know about the student, the evaluation data, and placement options; and that the placement decision serves the student in the least restrictive environment. An IEP meeting is required before any change in placement.

What agency enforces Section 504?

Office of Civil Rights (OCR) of the Department of Education

What agency enforces ADA?

The Federal Transit Administration, a section of the U.S. Department of Transportation, enforces Title II Public Transportation issues of the Americans with Disabilities Act.
U.S. Equal Employment Opportunity Commission (EEOC)
The U.S. Department of Justice enforces Title II (Public Services provided by state and local government) and Title III (Public Accommodations) of the Americans with Disabilities Act.
The U.S. Access Board is the designated federal agency responsible for setting accessibility standards under the Americans with Disabilities Act, Architectural Barriers Act and Rehabilitation Act.



The EEOC enforces Title I (Employment) of the Americans with Disabilities Act.

What agency enforces IDEA?

The U.S. Department of Education sets the standards and enforces the Individuals with Disabilities Education Act. In addition, DOE funds education and vocational rehabilitation services for children with disabilities.

Child Find

Parents need to participate once a year for reevaluation.
Screening
Evaluation
Eligibility and Placement

Special Education Law Principles

Special Education Law is organized around the following six principles:

1. Parent and Student Participation

2. Appropriate Evaluation

3. Individualized Education Program (IEP)

4. Free and Appropriate Public Education (FAPE)

5. Least Restrictive Environment (LRE)

6. Procedural Safeguards

Child Find Services

Awareness activities
Outreach activities to insure that Child Find services are provided
Information and Referral services
Screening Services
Referral Services for formal evaluation
Service Planning and Initiation

Duties of Special Ed and Paraeducators

Special educators design the instruction delivered by paraprofessionals, supervise the implementation of this instruction and evaluate the progress towards IEP goals.

This work with paraprofessionals includes monitoring confidentiality, behavioral strategies, and planning for instruction on a regular basis

What types of reading problems you might see in students with a learning disability in reading?

Signs of reading difficulty include problems with:


letter and word recognition
understanding words and ideas
reading speed and fluency
general vocabulary skills

How are students with Mental Retardation assessed?

Newborn screening
Psychiatric assessment
IQ (Intelligence Quotient) of 70 (75) or below

People required to be at IEP Meetings

parents
At least one regular education teacher
At least one special education teacher
A representative of the local public agency
member of the IEP Team shall not be required to attend an IEP meeting, in whole or in part, if the parent of a child with a disability and the local educational agency agree that the attendance of such member is not necessary because the member's area of the curriculum or related services is not being modified or discussed in the meeting.

Court Case- Timothy v. Rochester School District

1989
required children w/ dis must be provided FAPE without exception

Law- Jacob K. Javits Gifted and Talented Student Education Act

PL 100-297
1988
provided funds for students considered economically disadvantaged, limited English proficient, or disabled if also identified as gifted and talented.

Children served with disabilities

@5.5 million served with disabilities
@2.3 gifted or talented

G/T

Gifted or Talented
Not a category in Special Ed
recognized by public schools

Incidence/Prevalence of Disability Categories in IDEA

LD: #1 3 million each year- @50%
Communication Disorder: #2- 18-20%
Austism: fastest growing- mostly boys
ED/BD: 10%
MR: @ 3%
OHI: 8-9%
HI: 1.2%
MD: @ 1%
TBI: most commonly acquired disability
VI: @ .4%
G/T (not IDEA category): 3-5%

4 Purposes of IDEiA

1- ensure all children with disabilities are guaranteed FAPE.
2- assist all states in establishing early intervention services for infants and toddlers w/ dis
3- ensure that educators and parents have the necessary tools to improve the education for all children with dis
4- assess the effectiveness of the education for children w/ dis.

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