T H R E E

Special Education

William Allan Kritsonis, PhD

jargon of special educationp.l. 94-I42: passed in 1975 guaranteeing

every child with a disability free and appropriate education now

know as Individuals with Disabilities Education Act (IDEA)

504: prohibits discrimination against persons with disabilities

in programs that receive federal funds FAPE: Free, appropriate public

educationIEP: Individualized education programARD: Admission, review, and dismissal. Placement: This refers to the instructional

arrangement in which the child is educated.

LRE: Least restrictive environment

jargon of special educationRelated Services: Special transportation

and other non-instructional services that are

necessary for the child to obtain benefit from the educational program.

Eligibility: Meeting certain criteria for federally funded special

education programs.

FIE: Full Individual Evaluation.

IEE: Independent Educational Evaluation.

ESY: Extended School YearOSEP: Office of Special

Education Programs.

Federal legislationChild Find

• School districts take an active role in identifying and serving students with a need.

• Publicize the availability of special education services.

• Train teachers to identify the typical signs of disability

• Reach out to private-school administrators and home schoolers.

Federal LegislationEvaluation

• To avoid untutored labeling a Full Individual Evaluation (FIE)

• ARD committee meets in order to eliminate unnecessary testing.

• Parents have the right to disagree with decisions if so they are entitled to obtain an Independent Educational Evaluation but can force the district to accept data.

Federal LegislationEligibility

Two Requirements1. Student must have a disability

that qualifies under the law

2. The student must as a result of the disability need special education services

Federal Legislation ARD Committee

ARD Committee is composed of:1. The parent (s)2. A regular education teacher3. A special education teacher4. Someone who can interpret the

instructional implications5. A representative of the school district6. Others in the judgment of the parents or

the school, have special knowledge or expertise

7. When appropriate, the student

Federal Legislation Individualized Education Program

• A statement of the child’s present levels of education

• Measurable annual goals, including short-term objectives

• Related services, supplemental aids and services, program modifications and supporters for school personnel that provides services to the child

• Explanation for class exclusion• Modifications needed • Dates services are provided• Statement of how the parents will be

informed of child’s progress

Federal LegislationGeneral Curriculum

• Refers to the things the regular education students are expected to learn

• Special education students should be taught as much as possible, the same subject matter that the regular education students are taught.

Federal LegislationNCLB and Statewide Assessments

• Require states to hold all students to the same academic standards, and to demonstrate “adequate yearly progress” (AYP) through statewide test in certain subjects.

Federal LegislationLeast Restrictive Environment

• The law mandates that LRE, but it also mandates a full continuum of alternative placements, some of them highly restrictive.

• Other terms Mainstreaming, and Inclusion

Federal LegislationProcedural Safeguards

Four Aspects1. Notice2. Consent3. The right to an IEE4. The right to a Due Process

Meeting

Federal Legislation Attorneys’ Fees

• Parents who “prevail” in a special education dispute with a school district are entitled to recover reasonable attorney fees.

• Congress put some limits on recovery of attorney fees in IDEA 1997 and 2004.

Federal Legislation FAPE

Board of Education v. Rowleyestablished two things

1. School districts are not required to maximize the potential of a child but rather provide some educational benefit to the child.

2. How courts in the future would examine disputes under IDEA

Federal LegislationRelated Services

• If a student needs the services to attend school, and the service can be provided by someone other than an M.D., then the school district must provide or pay for the service.

Federal LegislationExtended School Year Services

Federal LegislationUnilateral Placements

This involves a disagreement between school and parent as to the appropriate placement.

PARENTS vs. SCHOOL - PARENTS vs. SCHOOL - ReimbursementReimbursement

I.I. Cost Reimbursements Cost Reimbursements What the school believesWhat the parent believes

II.II. Burden of Proof - ParentBurden of Proof - ParentProve IEP and/or Placement recommended by school is inappropriateParents prove their arranged IEP and Placement are appropriate

III.III. Factors faced by - ParentFactors faced by - ParentLaw presumes program recommended by school is appropriateLaw require school to propose a program that confer (reasonablebenefit)School proposed program will be less restrictive than the private placement

IV.IV. Teague I.S.D. v. Todd L. (1993) DeniedTeague I.S.D. v. Todd L. (1993) DeniedReimbursement DeniedSchool program appropriateRestrictive vs. Non-Restrictive

V.V. Florence County School District Four v. Carter(1994)Florence County School District Four v. Carter(1994)FacilityArgumentU S Supreme Court Reimbursement

VI.VI. IDEAIDEA 1997 Procedural Requirements1997 Procedural RequirementsSchool – Line of Defense (fix problem)Parent - Procedural Requirement NoticePrivate Schooling – Assemble, evaluate, devise, and determine FAPE

Federal LegislationPrivate-School Children IDEA 1997IDEA 1997

Under child find the public school is required to evaluate students in private school for special education. They are also required to spend a proportionate share of federal special education funds

I.I. Public to PrivatePublic to PrivateChild FindProportionate Share

II.II. IDEA 1997IDEA 1997FAPEServicesNo Due processDecisions by ISDLoss of rights

III.III. TexasTexasExceptionDual Enrollment

Discipline of Students with Disabilities

The ARD committee must review all relevant information and then answer two questions:

1. Was the conduct of the student caused by, or did it have a direct and substantial relationship to the child’s disability?

2. Was the conduct of the student a direct result of the school’s failure to implement the IEP?

I.I. Congress and Special EducationCongress and Special EducationGuarantee an appropriate educationEncourage safe classrooms free drugs

II.II. S-1 v. TurlingtonS-1 v. TurlingtonU.S. Court of Appeals / Fifth CircuitStudent BehaviorStudents ClassificationDisability or Not

III.III. Supreme Court – Honig v. DoeSupreme Court – Honig v. DoeDangerous BehaviorSuspension LengthsInjunction“Stay Put” provision of IDEAThen Current Placement

IV.IV. Congress revision of Special Education discipline laws in IDEA 1997Congress revision of Special Education discipline laws in IDEA 1997Congress enacted into federal law a requirementExpellable ActCongress nullifies major court decision

V.V. Common Wealth of Virginia v. RileyCommon Wealth of Virginia v. RileyCongress Intervention revised IDEANondisabled vs. DisabledStay Put

DISCIPLINE OF STUDENTS WITH DISABILITIESDISCIPLINE OF STUDENTS WITH DISABILITIES

V.V. Continued…Continued…Exception to “stay put”

Violation to Code of Conduct

Removal longer Than 10 days

Congress adopted statutory language

Cumulative rule

VI.VI. Concept of a “Manifestation Concept of a “Manifestation Determination”Determination”IDEA 1997

ARD Committee

Texas Legislature – TEC §37.0021

Restraint and Time Out

Time Out

Section 504 of The Rehabilitation Act of 1973

I.I. Section 504 of the Rehabilitation Act 1973Section 504 of the Rehabilitation Act 1973Federal MoneyAmericans with Disabilities ActSection 504 three pronged definition

Group 1Group 2Group 3

II.II. 504 Special Treatment504 Special TreatmentPhysical or Mental ImpairmentADDLEPCoverage of 504

III.III. Mitigating Measures - PerformanceMitigating Measures - PerformanceMedicationNon Medication

IV.IV. 504 Eligible504 EligiblePerformance PotentialGenuine physical or mental impairmentMajor life Activity

V.V. IDEA vs. 504IDEA vs. 504Standards for eligibilityRequirements

William Allan Kritsonis, PhD