Legal and Ethical Issues Chapter 2 Terry Overton Assessing Learners with Special Needs, 5e Copyright...

Legal and Ethical Issues

Chapter 2

Terry OvertonAssessing Learners with Special Needs, 5e

Copyright ©2006 by Pearson Education, Inc.Upper Saddle River, New Jersey 07458

All rights reserved.

Origins of Law

•Federal Law•Federal Regulations•State Law•State Regulations•Local Education Agency Policy•Interpretation of Law Through Litigation




Current Federal Laws of Special and General Education

P.L. 94-142-Now IDEA

2004 Amendments of IDEA

Section 504

99-457-Early Childhood

No Child Left BehindTerry OvertonAssessing Learners with Special Needs, 5e



Disability Litigation Begins

Extended the right to special education to children of all disabilities

1972Mills v. Board of Education

Tests used for eligibility for special education must be non-discriminatory

1972Larry P. v. Riles

Guaranteed special education for children with mental retardation

1972PARC

Basis for future rulings that children with disabilities cannot be excluded from school

1954Brown v. Board of Education

ImportanceDateCase

Who Receives Special Who Receives Special Education?Education?

Visual impairment

Traumatic brain injuryOther health impairments

Specific learning disability

Speech or language impairment

Orthopedic impairmentMultiple disabilities

Mental retardationHearing impaired

Emotional disturbanceDevelopmental delay (3-9)

Deaf-blindnessAutism

Prevalence

Zero Reject

Free Appropriate Public Education

Non-Discriminatory Assessment

Individualized Education Program

Least Restrictive Environment

Due Process

Major Components of IDEA




• Initial referrals for evaluation may be made• by the parent or by the school.• Generally, parents must consent to

evaluations.• Evaluations must take place within 60 days

or• within the timeframe established by the

state.

What is special education? • The zero exclusion principle.

– “all students with disabilities receive at public expense the special education and related services necessary to meet their individual needs.”

• Related services - support services necessary for a student to benefit from their special education program.

Related Services

• Medical- nursing, nutrition

• Emotional/Social- counseling, social work

• Therapy- physical, speech and language, occupational

• Access- transportation, mobility

Major provisions of IDEA

• # 2- Nondiscriminatory and Multidisciplinary Assessment

• Testing students in their native or primary language.

• Using valid tests and evaluation procedures prevent cultural or racial discrimination.

• Utilizing several pieces of information collected by a multidisciplinary team.

Major provisions of IDEA • # 2- Nondiscriminatory and Multidisciplinary

Assessment

• Testing students in their native or primary language.

• Using valid tests and evaluation procedures prevent cultural or racial discrimination.

• Utilizing several pieces of information collected by a multidisciplinary team.

Major provisions of IDEA • # 3- Parental Safeguards and Involvement• Informed Consent for testing and placement.• Participate on the committee that considers the

evaluation of, placement of, and programming for the child.

• To inspect and review educational records and challenge information if needed.

• To request a copy of information from the child’s educational record.

• To request a hearing.

Major provisions of IDEA • # 4- The Individualized Education Program (IEP)

• The team responsible for developing the IEP include: the student’s parents special education teacher, general education teacher representative of the local education agency.

• The IEP team must also include a person who can interpret the instructional implications of evaluation results.

IEP• Individualized Education Plan

– Individually tailored educational plan developed with the parents

• Present level of performance

• Measurable annual goals

• Instructional objectives

• Degree of participation in general education

• Dates of initiation of services

• Annual evaluation

The IEP• IDEA ‘04 requires that an IEP must include:

– A statement of the special education, related services, and supplementary aids and services that will be provided to the child to support them to:

– The extent, if any, to which the child will not participate with non-disabled children in the general education class.

– A statement of any individual appropriate accommodations to ensure academic achievement on State and district assessments.

Major Provisions of IDEA • # 5- Education in the Least Restrictive

Environment (LRE)

• Children with disabilities receive their education with non-disabled peers to the maximum extent appropriate.

• A continuum of placements must be available.

How are Disagreements Resolved?

• Mediation– Impartial professional meets with

each party to try to resolve the dispute

• Due process hearing– Formal procedure often

resembling a trial

– Impartial hearing officer makes decision

– Decision may be appealed

No Child Left Behind Act of 2001PL 107-110

• Reauthorization of the Elementary and Secondary Education Act– All pupils will demonstrate proficiency in

mathematics, reading and science

– Annual testing will show adequate yearly progress (AYP)

– Consequences for lack of AYP= parent may transfer their child to another school

– Highly qualified teachers and aides

Individuals with Disabilities Education Improvement Act 2004

• Highly Qualified Special Ed. Teachers

in every core subject they teach

• May use response to intervention (RTI) as part of evaluation procedures

• Amendments can be made to an IEP for minor changes without a meeting

Changes in the IDEA 2004 Amendments

•More emphasis on accountability of achievement of students in special education•Reduction in unnecessary paper work for teachers•Reduction of non-instructional time spent by teachers•Provision of additional means of resolving disagreements between parents and schools•Increasing early intervention activities and aligning with No Child Left Behind•Requiring highly qualified teachers•Improvement of previous discipline policies




Changes in the IDEA Amendments Continued

•Flexibility in spending with up to 15% of IDEA funds to be used on early intervention activities.

•Transition needs must be addressed in the child’s IEP which is in effect when the child is 16 years of age.




The Americans with Disabilities Act (ADA) - 1990

• Civil rights legislation to prevent discrimination on the basis of disability in private sector employment, all public services, public accommodations, transportation and telecommunications

Definitions

• Having a physical or mental impairment that substantially limits an individual in some major life activity, and having experienced discrimination.

– No exclusive list of specific impairments covered by ADA.

Major provisions of the ADA

• The intent of ADA is to create a “fair and level playing field.”

– Reasonable accommodations in areas of:

employment

transportation

public accommodations

government

telecommunications

Section 504 (in the school system)

* A civil rights law* Protects persons with disabilities and other conditions from discrimination in programs receiving federal assistance•“Fair and level playing field.” •Requires that schools make reasonable accommodations to ensure that discrimination does not occur* Requires periodic evaluations* Has grievance procedures




PL 99-457 Early Childhood

Set forth the guidelines for services for infantsand toddlers.

Many of these guidelines were incorporated into the 1997 Amendments of IDEA.

Family provides direction for the assessment plan.

Individual Family Service Plan must be designedfor each infant or toddler.




IDEA 2004 and Evaluation Procedures

•Schools are required to conduct full individual evaluations before a student can receive special education support services.•Schools are required to conduct reevaluations as needed to determine when services need adjustment or to determine when a child no longer requires special education support.•Initial referrals for evaluation may be made by the parent or by the school.•Generally, parents must consent to evaluations.•Evaluations must take place within 60 days or within the timeframe established by the state.




Legal and Ethical Issues Chapter 2 Terry Overton Assessing Learners with Special Needs, 5e Copyright...

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