Special Education Law
About this set
Created by:
kirsajoyce on August 8, 2011
Classes:
Special Education Law- TAMU-SA, EDSE 5313, WGU Students: ECE/Elementary/Special Ed, WGU
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52 terms
Terms | Definitions |
|---|---|
 Zero reject/child find, FAPE, non discriminatory assessment and identification, IEP, placement in LRE, procedural safeguards/due process, right to educational achievement (NCLB) | Seven principles of IDEA |
| Court of original jurisdiction, intermediate appellate courts, state supreme court, US supreme court/the court of last resort | The levels of the court systems from lowest to highest |
| 16 | Transition age |
| PLAAFPs, MAGs, Benchmarks/Objectives, progress monitoring, related services, extent student will not participate in regular ed, individual/appropriate accommodations and alternate assessments, projected date for beginning services | The eight parts of an IEP |
| 14th amendment | What US Constitution Amendment provides the basis for Due Process? |
| Brown vs board of education | Name the early civil rights case law that ultimately lead to equal rights for children with disabilities? |
| FERPA and IDEA | Name two confidentiality laws |
| age 3-21, one of the 13 disability categories, disability adversely affects educational performance. | A child must meet 3 statutory requirements for services under the IDEA or in other words, in order to receive special education. Name these: |
| Annual Yearly Progress, determined by state/district level tests. For students exempted from state testing, show progress on IEP goals or UAA. | Explain AYP and tell how it is determined for a child and by whom. |
| state educational agency (SEA). | I want to learn about the requirements for severe licensure. Where do I find the information? . |
| USOE- Utah state office of education | What is Utah's SEA? |
| Determine needs and goals before placement. student should not be sent to self-contained school when needs can be reasonably met in an inclusive or non-segregated setting. continuum of placement | Explain the Roncker Test for a student with "obvious" disabilities. |
| No, courts defer to educators because parents are not licensed. educators are experts | Do parent have the right to compel schools to provide a specific curricula or methodology? Why or why not? ". |
| IEP | This class is about laws affecting the special education teacher, and about collaboration. Under the IDEA, what is the central document requiring collaboration for the development of that document? |
| No only sections that apply to the student | Do all the assessments (same as three years before) need to be administered for a third year evaluation? |
| Certified/licensed, bachelor degree, knows content | Understand the concepts of "highly prepared"(highly qualified) under the No Child Left Behind Act |
| Severe and substantial regression, regression and recoupment, if student loses information in two weeks that isn't recovered in one week | Know how you determine whether or not your students are eligible for ESY |
| fair and impartial-- behavior plans/reinforcement different for students but still fair according to needs | define Equity |
| to uphold the decision of a lower court in an appeal | Affirm |
| seeking a review of a judicial action in a higher court | Appeal |
| the one making the appeal | Appellant |
| the one suing | Plaintiff |
| the one being sued | Defendant |
| the part of the court's decision that applies the law to the facts of the case | Holding |
| ten or more days exclusion from school for disciplinary purposes | Expulsion |
| less than ten days exclusion from school for disciplinary purposes | Suspension |
| compensation awarded to a plaintiff that is over and above the actual loss suffered to punish the defendant for wrongful action and to act as an incentive to prevent similar action in the future | Punitive damages |
| a court's written explanation of its judgment | Opinion |
| a suit brought on behalf of named plaintiffs as well as others similarly situated | Class action |
| when a real or live controversy no longer exists | Moot |
| a written statement for a student with a disability that is developed, reviewed, and revised in accordance to the state rules and part B of IDEA. | Definition of IEP |
| specially designed instruction at no cost to parents to meet the unique needs of an individual with a disability including instruction conducted in a classroom, home, hospitals and institutions, and other settings; and instruction in physical education | Definition of special education |
| 45 School Days after the parent consent has been received (signed the "permission to assess" sheet). | Know the number of days you have from the day of the referral of a child for special education until testing must be completed. What is the absolute limit? |
| No more than 10 school days per disciplinary incident. | Know the rules on the number of days a student can be suspended in a school year. |
| Yearly(364). | What is the limit of the number of days your team has to rewrite an IEP before it is out of compliance. |
| 3 years.reevaluated in relevant subjects covered in IEP. paren's and LEA can sign a waiver to skip reevaluation(because student will still need services). | Know the limit of the number of years related to the reevaluation of a student's eligibility for special education—and if there are any changes to this limit in IDEA 04 regarding students with severe disabilities, state those. |
| 10 | Know the number of the federal judicial circuit where you live now. |
| Page 195 of Rules. LEA oversees the caseload (12-15 for severe). | Know where to find your caseload limits and what the case load should be. |
| 10 school days | Know the number of school days for a decision to change the placement of a student with a disability because of a violation of a code of student conduct. |
| Rowley v. board of education. Not maximum education but basic opportunity for learning. | Reasonably calculated to confer benefit: |
| Keeping information | Define Retention |
| Time it takes to regain information | Define recoupment |
| When the IEP team determines that the misconduct was caused by or had a direct or substantial relationship to the student's diability or was the direct result of the LEA's failure to implement the IEP | Manifest determination: |
| The range of least restrictive to most restrictive school placements. Also refers to continuing services over time and settings | Continuum of placement |
| working with both sides of a dispute to reach an agreement | Mediation |
| Unanimous decision (9-0) "Separate educational facilities are inherently unequal." "Separate but equal has no place in education" applies to others similarly situated. Paved the way for IDEA to exist | Be prepared to discuss Brown v. Board of Education of Topeka, Kansas (1954) and the implications of the ruling for special education. |
| Take data, document multiple interventions, document fuba/bip, hold change of placement meeting with IEP team, stay within deadlines especially when dealing with disciplinary action | Know the procedures for removing a student to a MORE restrictive environment. (assume they are already in severe special education). |
| look at procedural and substantive errors. counteract this with documentation | Describe how a due process hearing officer would determine whether a FAPE has been provided. |
| free appropriate public education: special education and related services that are provided at public expense and meet requirements of USOE rules and IDEA and follow IEP | FAPE |
| serious errors, using too much restraint or abuse, not free, skipping large steps, skipping prior notice. a student with a behavior problem has an IEP that only focuses on Reading. | -substantive errors: |
| timeline errors, forgetting to fill out part of a form, goal isn't quite measurable. | -procedural errors: |
| main confidentiality law, don't release personally identifiable information, | Be familiar with the things you cannot do under FERPA and what you must do to maintain confidentiality of children's personal information |
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