Special Education Law

If you are not in compliance with the law you can lose your teaching license and be subjected to lawsuits! The link below will take you to a number of resources related to exceptional education in Florida.

http://www.fldoe.org/ese/linkhome.asp

Key Acronyms for EXAM

IDEA

LRE

LEA

IEP

FAPE

AYP

504

ADA

ESY

IQ

OHI

LD or SLD

ID

TBI

CBM

RTI

ASD

ADHD

SLP

OT

PT

Purpose of Special Education

1. Ensure that all students eligible for Special Education have a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living.

2. Ensure student and parent rights are protected.

3. Assess and ensure the effectiveness of the IEP.

Key Federal Court Decisions

B r o w n v. B o a r d o f E d u c a t i o n o f To p e k a ( 1 9 5 4 ) - “ s e p a r a t e b u t e q u a l ” ( i . e . , s e g r e g a t i o n b y r a c e ) i s n o t c o n s t i t u t i o n a l

Pe n n s y l v a n i a A s s o c i a t i o n f o r Re t a r d e d C h i l d r e n v. C o m m o n w e a l t h o f Pe n n s y l v a n i a ( PA RC ) , 1 9 7 1 - “ u n e d u c a b l e ” o r “ u n t r a i n a b l e ” s t u d e n t s c a n n o t b e e x c l u d e d f r o m p u b l i c e d u c a t i o n

M i l l s v. B o a r d o f E d u c a t i o n ( 1 9 7 2 ) - a ) b r o a d e n s t h e s c o p e o f PA RC t o i n c l u d e d s t u d e n t s w i t h o t h e r d i s a b i l i t i e s , b ) a l l c h i l d r e n o f s c h o o l a g e s h o u l d b e p r o v i d e d w i t h f r e e a n d s u i t a b l e p u b l i c e d u c a t i o n , a n d c ) n o e x c l u s i o n d u e t o i n s u ffi c i e n t f u n d s

Hendrick Hudson Central School District Board of Education v. Rowley (1982)

The Supreme Court stated that services provided to the child must:

Be provided at public expense and under public supervisionMeet the state educational standardsComply with the child’s IEPConfer educational benefit

IDEA does not require school districts to maximize a student’s potential

The court posed two essential questions:Did the school district follow all of the procedures in IDEA?Is the IEP reasonably calculated to enable a child to receive educational benefit?

The Big Three - Disability Legislation

Individuals with Disabilities Education Act (IDEA) - 2004

Section 504 - Rehabilitation act of 1973

Americans with Disabilities Act (ADA) - 2008

Brief history of IDEA

Public Law 94-142, Education For All Handicapped Children Act (1975). This law was reauthorized and expanded as the “Individuals with Disabilities Education Act” (IDEA) in 1990.

Reauthorized again in 1997 & 2004

(P.L. 108-446).

Federal regulations for 2004 reauthorization were released August 14, 2006.

Major Tenets of IDEAApplies to children ages 3 - 21Zero reject - nonexclusionary educationFAPE - Free appropriate public educationLRE - Least restrictive environmentNondiscriminatory evaluationDue processTransition planning Adequate yearly progressAdvocacyConfidentialityNoncompliance - lawsuitsPerson first language

Who is eligible for services under IDEA?

Students who demonstrate the characteristics of any of the previous categories IF their

disability adversely impacts educational performance and

requires specialized instruction.

What if the disability does not affect academic achievement?

Students are NOT eligible for services under IDEA

They may receive services under Section 504 of the Vocational Rehabilitation Act (1973)

Section 504 covers many more students than IDEA

Students served under Section 504

Students served under IDEA

Visual representation of school-aged populations served under IDEA and Section 504

Student Need

Consider IDEA

Adverse affect on educational performance?

Yes

IDEA Eligible

IEP Developed

Related Services

Placement Options

Consider 504

Not Eligible

No Disability substantially limits one or more major life activities

504 Protected

Reasonable Accommodations

FAPE

No

Not Eligible

Major Tenets of Section 504

Prevents discrimination by any organization receiving federal funds

Defines a handicapped person as “Any person who has a physical or mental impairment which substantially limits one or more major life activities”

Students served under IDEA are also eligible for 504

Both laws mandate FAPE

IDEA requires an individual education program (IEP) while 504 requires schools to demonstrate how services are being provided

Major Tenets of ADA (2008)

Maximize the employment potential of individuals with disabilities.

Provide “reasonable accommodations” in the workplace.

Employers may not ask if an individual has a disability and may not discriminate against persons who have a disability.

Colleges and universities must provide appropriate modifications

Telecommunications must be accessible to individuals who are deaf

Disability Categories

Developmentally delayed (age 3 - 8)

Emotional disturbance

Speech or language impairment

Orthopedic impairments

Other health impairments

Specific learning disability

Intellectual disability

Multiple disabilities

Hearing impairments / Deafness

Visually impairment / blindness

Deaf / blindness

Autism

Traumatic brain injury

6.5 Million Students Are Served Under IDEA

SLD; 2,481,000

SLI; 1,416,000OHI; 689,000

ID; 463,000

ED; 407,000

Autism; 378,000

DD; 368,000Multiple; 131,000 Hearing; 79,000OI; 65,000 Vision; 29,000TBI; 25,000Deaf-Blindness; 2,000

Source: U.S. Department of Education (2012)KeySLD = Specific learning disabilitySLI = Speech or language impairmentOHI = Other health impairmentID = Intellectual disabilityOI = Orthopedic impairment

ED = Emotional disturbanceDD = Developmental delayMultiple = Multiple disabilitiesOHI = Other health impairment (includes ADD)TBI = Traumatic brain injury