dr. william allan kritsonis - special education ppt

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Dr. William Allan Kritsonis - Special Education PPT


  • 1. THREESpecial EducationWilliam Allan Kritsonis, PhD

2. jargon of special educationp.l. 94-I42:passed in 1975 guaranteeing everychild with a disability free andappropriate education now know asIndividuals with DisabilitiesEducation Act (IDEA)504:prohibits discrimination against persons with disabilities in programsthat receive federal fundsFAPE: Free, appropriate public educationIEP:Individualized education programARD:Admission, review, and dismissal.Placement:This refers to the instructionalarrangement in which the child iseducated.LRE:Least restrictive environment 3. jargon of special educationRelated Services:Special transportation and other non-instructionalservices that are necessary for the child to obtain benefit from the educational program.Eligibility: Meeting certain criteria for federally funded specialeducation programs.FIE: Full Individual Evaluation.IEE: Independent Educational Evaluation.ESY: Extended School YearOSEP:Office of Special Education Programs. 4. Federal legislationChild Find School districts take an active role inidentifying and serving students witha need. Publicize the availability of specialeducation services. Train teachers to identify the typicalsigns of disability Reach out to private-schooladministrators and home schoolers. 5. Federal LegislationEvaluation To avoid untutored labeling a FullIndividual Evaluation (FIE) ARD committee meets in order to eliminateunnecessary testing. Parents have the right to disagree withdecisions if so they are entitled to obtain anIndependent Educational Evaluationbut can force the district to accept data. 6. Federal LegislationEligibilityTwo Requirements1. Student must have a disability that qualifies under the law2. The student must as a result of the disability need special education services 7. Federal Legislation ARD CommitteeARD 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 expertise7. When appropriate, the student 8. Federal Legislation Individualized Education Program A statement of the childs present levels ofeducation Measurable annual goals, including short-term objectives Related services, supplemental aids andservices, program modifications andsupporters for school personnel thatprovides services to the child Explanation for class exclusion Modifications needed Dates services are provided Statement of how the parents will beinformed of childs progress 9. Federal LegislationGeneral Curriculum Refers to the things the regulareducation students areexpected to learn Special education studentsshould be taught as much aspossible, the same subjectmatter that the regulareducation students are taught. 10. Federal Legislation NCLB and Statewide Assessments Require states to hold allstudents to the same academicstandards, and to demonstrateadequate yearly progress(AYP) through statewide test incertain subjects. 11. Federal Legislation Least Restrictive Environment The law mandates that LRE, butit also mandates a fullcontinuum of alternativeplacements, some of themhighly restrictive. Other terms Mainstreaming, andInclusion 12. Federal LegislationProcedural SafeguardsFour Aspects1. Notice2. Consent3. The right to an IEE4. The right to a Due Process Meeting 13. Federal LegislationAttorneys Fees Parents who prevail in aspecial education dispute with aschool district are entitled torecover reasonable attorneyfees. Congress put some limits onrecovery of attorney fees inIDEA 1997 and 2004. 14. Federal Legislation FAPEBoard of Education v. Rowley established two things1. 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 15. Federal Legislation Related Services If a student needs the servicesto attend school, and the servicecan be provided by someoneother than an M.D., then theschool district must provide orpay for the service. 16. Federal LegislationExtended School Year Services 17. Federal Legislation Unilateral PlacementsPARENTS vs. SCHOOL -Reimbursement This involves a disagreement between school and parent as tothe appropriate placementI. . Cost Reimbursements What the school believes What the parent believesII.Burden of Proof - Parent Prove IEP and/or Placement recommended by school is inappropriate Parents prove their arranged IEP and Placement are appropriateIII. Factors faced by - Parent Law presumes program recommended by school is appropriate Law require school to propose a program that confer (reasonable benefit) School proposed program will be less restrictive than the private placementIV.Teague I.S.D. v. Todd L. (1993) Denied Reimbursement Denied School program appropriate Restrictive vs. Non-RestrictiveV. Florence County School District Four v. Carter(1994) Facility Argument U S Supreme Court ReimbursementVI.IDEA 1997 Procedural Requirements School Line of Defense (fix problem) Parent - Procedural Requirement Notice Private Schooling Assemble, evaluate, devise, and determine FAPE 18. Federal Legislation Private-School Children IDEA 1997Under child find the public school is required to evaluate studentsin private school for special education.They are also required to spend a proportionate share of federalspecial education funds I.Public to Private Child Find Proportionate Share II. IDEA 1997 FAPE Services No Due process Decisions by ISD Loss of rights III.Texas Exception Dual Enrollment 19. Discipline of Students with DisabilitiesThe 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 andsubstantial relationship to the childs disability?2.Was the conduct of the student a direct result of the schools failure toimplement the IEP? I.Congress and Special Education Guarantee an appropriate education Encourage safe classrooms free drugs II. S-1 v. Turlington U.S. Court of Appeals / Fifth Circuit Student Behavior Students Classification Disability or Not III.Supreme Court Honig v. Doe Dangerous Behavior Suspension Lengths Injunction Stay Put provision of IDEA Then Current Placement IV. Congress revision of Special Education discipline laws in IDEA 1997 Congress enacted into federal law a requirement Expellable Act Congress nullifies major court decision V.Common Wealth of Virginia v. Riley Congress Intervention revised IDEA Nondisabled vs. Disabled 20. DISCIPLINE OF STUDENTS WITH DISABILITIESV. ContinuedException to stay putViolation to Code of ConductRemoval longer Than 10 daysCongress adopted statutory languageCumulative ruleVI. Concept of a ManifestationDeterminationIDEA 1997ARD CommitteeTexas Legislature TEC 37.0021Restraint and Time OutTime Out 21. Section 504 of The Rehabilitation Act of1973I. Section 504 of the Rehabilitation Act 1973 Federal Money Americans with Disabilities Act Section 504 three pronged definition Group 1 Group 2 Group 3II. 504 Special Treatment Physical or Mental Impairment ADD LEP Coverage of 504III. Mitigating Measures - Performance Medication Non MedicationIV. 504 Eligible Performance Potential Genuine physical or mental impairment Major life ActivityV. IDEA vs. 504 Standards for eligibility Requirements 22. William Allan Kritsonis, PhD