Chapter 2: Legal Issues in Chapter 2: Legal Issues in the Education of Children the Education of Children

and Youth with Special and Youth with Special NeedsNeeds

OverviewOverview

• What is IDEA?What is IDEA?

• PARC v. Commonwealth of PAPARC v. Commonwealth of PA

• Mills v. DC BOEMills v. DC BOE

• Why is it important for future Why is it important for future educators to understand legal issues educators to understand legal issues in special education?in special education?

Early Federal Education Laws Early Federal Education Laws and Court Casesand Court Cases• What are the five different sections of P.L. 93-112: The What are the five different sections of P.L. 93-112: The

Rehabilitation Act of 1973?Rehabilitation Act of 1973?• According to P.L. 101-476: Individuals with Disabilities According to P.L. 101-476: Individuals with Disabilities

Education Act of 1990, what major services were added to Education Act of 1990, what major services were added to IDEA?IDEA?

• P.L. 105-17: The Individuals with Disabilities Act of 1997 P.L. 105-17: The Individuals with Disabilities Act of 1997 make what major changes in IDEA?make what major changes in IDEA?

• What major provisions were addressed in P.L. 98-524: The What major provisions were addressed in P.L. 98-524: The Vocational Education Act of 1984? Vocational Education Act of 1984?

• What are the major provisions of P.L. 93-380: The Family What are the major provisions of P.L. 93-380: The Family Education Rights and Privacy Act?Education Rights and Privacy Act?

• What are the four Titles covered by P.L. 101-336: The What are the four Titles covered by P.L. 101-336: The Americans with Disabilities Act of 1990?Americans with Disabilities Act of 1990?

Other Federal Laws Affecting Other Federal Laws Affecting Children and Youth with Children and Youth with Disabilities Continued… Disabilities Continued… • What is the primary purpose of P.L. 100-What is the primary purpose of P.L. 100-

407: The Technology-Related 407: The Technology-Related Assistance for Individuals with Assistance for Individuals with Disabilities Act of 1988?Disabilities Act of 1988?

• What are the major provisions of P.L. What are the major provisions of P.L. 103-239: School to Work Opportunities.103-239: School to Work Opportunities.

• What does P.L. 105-220: The Workforce What does P.L. 105-220: The Workforce Investment Act of 1998 address? Investment Act of 1998 address?

State Laws Relating to Children State Laws Relating to Children and Youth with Disabilitiesand Youth with Disabilities

• What are the major constitutional What are the major constitutional provisions that are important to children provisions that are important to children with disabilities? – promote the general with disabilities? – promote the general welfare & equal protection amendment welfare & equal protection amendment (14(14thth))

• How do federal laws affect the state’s How do federal laws affect the state’s ability to implement laws? – mandates ability to implement laws? – mandates both funded & unfunded – states typically both funded & unfunded – states typically have flexibilityhave flexibility