OAE - Special Education 043 Content Chapter 9
Terms in this set (13)
Public Law 94-142
In 1975, Congress passed the Education for All Handicapped Children Act, better known at the time as Public Law 94-142. This landmark legislation is the official beginning of special education in the United States as it is known today. However the civil rights and access movement for students with disabilities began well before 1975 and continues today.
Placing students in the same classroom as peers without disabilities should be a strong priority, and removing them from that setting should be done only when absolutely necessary.
Relationships should be nurtured between students with disabilities and their classmates as well as adults.
Most students should be taught in the same curriculum used for students without disabilities and helped to succeed by adjusting how teaching and learning are designed and measured. This could be done through methods such as curriculum modification and/or co-teaching.
Benefits of Early Intervention
• Gains in physical development, cognitive development, language and speech development, social competence, and self-help skills
• Prevention of secondary disabilities
• Lower levels of family stress
• Reduced need for special education services or placement during the school year
• Savings to society of the cost of additional educational and social services that would be needed later without early intervention
• Reduced likelihood of social dependence in adulthood
• Increased effectiveness of early intervention when it begins as early in life as possible and is intensive and long-lasting
Federal Laws and Policies purpose
• Protect the rights and opportunities of students with disabilities
• Grant fairer assessment practices
• Assist with improving the lives of students with disabilities and their families
• Ensure students with disabilities are given the same educational opportunities as students without disabilities
The Individuals with Disabilities Education Improvement Act (IDEA) Principles
• Zero reject. Schools must educate all children with disabilities, regardless of the nature or severity of the disability.
• Nondiscriminatory identification and evaluation. Schools must use nonbiased, multi-factored methods of evaluation to determine whether a child has a disability and, if so, whether the child needs special education.
• Free appropriate public education. All children with disabilities, regardless of the type or severity of their disability, shall receive a free appropriate public education (FAPE). To ensure appropriate education, an IEP must be developed and implemented to meet the specific needs of each child with a disability. A student's Individualized Education Program (IEP) is a legal document which, in part, details services to be provided to a student with special needs. Once all stakeholders have signed a student's IEP, the school district is obligated to meet the specifications within the IEP regardless of the expense.
• Least restrictive environment. Students with disabilities must be educated with children without disabilities to the maximum extent appropriate. Students with disabilities should be educated in separate classes or schools only when the nature or severity of the disability is such that they cannot receive an appropriate education in a general education classroom with supplementary aides and services.
• Due process safeguards. Schools must protect the rights of children with disabilities and their parents. Parental consent must be obtained for initial and all subsequent evaluations and placement decisions regarding special education. Parents/guardians must receive adequate notice for IEP team meetings. If the school and parents disagree on any provision of FAPE for the child, the parents/guardians can request a due process hearing. States must also offer mediation as a means for resolving issues.
• Parent and student participation and shared decision making. Schools must collaborate with parents/guardians and students with disabilities in the planning and implementation of special education and related services.
Section 504 of the Vocational Rehabilitation Act
Section 504 is a civil rights law designed to prevent discrimination against individuals with disabilities, whether children in schools or adults in the workforce. Some students with disabilities may not qualify for special education services because they do not meet the two-pronged eligibility requirements of having a disability and needing special services; however, they may still require accommodations and/or modifications in order to participate fully in school activities.
Americans with Disabilities Act (ADA)
The ADA is a civil rights law that protects all individuals with disabilities from discrimination, and it requires most employers to make reasonable accommodations for them. This law ensures that society's infrastructures such as transportation and buildings are accessible to people with disabilities. Although ADA does not deal directly with the education of students with disabilities, it does cover students with disabilities.
The Family Educational Rights and Privacy Act (FERPA),
an individual student's records, including the student's Individualized Education Program (IEP), are confidential. These records should be stored in a proper manner to protect the student's rights to confidentiality. For outside individuals to review the school records or other information about a specific student, schools must first receive written permission from the student's parents/guardians.
No Child Left Behind Act of 2001
When Congress reauthorized the Elementary and Secondary Education Act in 2001, it renamed it the No Child Left Behind Act (NCLB). The intent of NCLB is to improve the achievement of all students, especially disadvantaged students. The ultimate goal of NCLB is that all children will be proficient in reading and math by 2014 and will be taught by qualified teachers highly trained in the subjects. The provisions of NCLB are based on accountability for students and the use of scientifically based programs for instruction. The provisions of NCLB apply to all students, including those with disabilities. However, students with disabilities receive the accommodations and/or modifications outlined in their IEPs on high-stakes tests, such as the state tests used for accountability under NCLB
Key features of IDEA '04
• Evidence-based practice. One of the significant requirements when Congress reauthorized IDEA in 2004 was the stipulation that students with disabilities receive educational and related services based on research, to the extent possible.
• Discipline. To assure that all students with a disability receive an appropriate education and that the schools are safe places for teaching and learning, IDEA provides protection for and regulates how schools may discipline students who qualify for special education services. For example, if a student receives a disciplinary action that would affect the student's placement for more than 10 days, the school must determine whether the behavior that required the action is a manifestation of the student's disability, or in other words is caused by the disability, has a direct and substantial relationship to the disability, or was directly related to the school's failure to implement the IEP as written. IDEA 2004 provides schools with the authority to consider unique circumstances on a case-by-case basis for violations such as bringing a dangerous weapon to school, selling or possessing illegal drugs, or inflicting serious bodily injury on another person while at school or at a school function. In these cases, the school district may unilaterally place a student in an interim alternative placement for up to 45 days.
• Response to Intervention. Schools must permit the use of alternative research-based procedures for determining whether a student is eligible for special education services.
• Early intervention services. Schools may provide academic and behavioral support for students who are not currently identified as requiring special education services. Local education agencies may not use more than 15% of the amount of special education money they receive on prevention.
• Extending special education to infants, toddlers, and preschoolers. Historically states did not provide services to infants, toddlers, and preschoolers with disabilities. Beginning with the 1990-1991 school year, P.L. 99-457 requires each state to fully serve all preschool children with disabilities ages 3 to 5 years. Specifically, states are required to provide preschoolers with the same services and protections available to school-aged children. The law also includes an incentive grant program to encourage states to provide early intervention services to infants and toddlers with disabilities and to their families. These early intervention services are prescribed and implemented according to an Individualized Family Service Plan (IFSP) written by a multidisciplinary team that includes the child's parents.
• Evaluations and individualized education programs. When the results of evaluations are discussed or individualized education programs are put in place, not all relevant personnel need to be present at these meetings if the parents/guardians and school agree to this arrangement in writing. However, parents/guardians and key educators who are not present must be informed of any changes to the IEP.
• Monitoring. The IEP must contain measurable annual goals, instructions on how progress toward annual goals will be measured, and the methods used to inform parents/guardians of their child's progress toward annual goals, including whether the child is on track to achieve the goals by the end of the year. Parents/guardians must be updated on their child's IEP goals as often as parents/guardians of students without disabilities receive information on educational progress (e.g., at the same intervals as report cards are sent home to all parents). Students who take alternate assessments must also have short-term objectives outlined within their IEP goals.
• Highly qualified teachers. IDEA requires that students with disabilities receive instruction from highly qualified teachers. Special education teachers must obtain state certification or pass the state special-education teacher licensing exam.
• Private schools. Students have no individual rights to services. A service plan is developed for individuals with disabilities, rather than an IEP.
Response to Intervention is a tiered process of instructional interventions that begins in a general education classroom with the identification of students who are struggling. The goal is to provide appropriate intervention so that the students do not fall far behind their classmates. As a result, RTI helps minimize the number of students who are identified as having learning disabilities.Response to intervention represents a significant shift as it ties a bridge between general education and special education—general education and special education personnel work together to provide a continuum of services for all students. There are three-tiered and four-tiered models of RTI. Within a three-tiered model, the first two tiers are under the preview of general education and the third tier is under the purview of special education.
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