MNU 7063Ethical & Legal Issues in Sped

Session 1

Tuesday, January 7, 2014Dr. Judy Martin

MNU Sped 7063

• Information Sheet Completion• Class Expectations & Norms• Bingo• Syllabus Review/Class Objectives/Text• Assignments / APA Format

Teachers Get to Live Beyond Their Years: Because of Touching the Life of a Child!

Teachers Get to Live Beyond Their Years: Because of Touching the Life of a Child!

Teachers Get to Live Beyond Their Years: Because of Touching the Life of a Child!

Sped 7063Session 1:

Tuesday, January 7, 2014History of Special Education

& IDEA

Sped History

The Grassroots Advocacy• U.S. began after World War II• Parent-organized advocacy groups • American Association on Mental Deficiency-first

convention in 1947• Early 1950s, parent organizations were formed• During the 1960’s, increasing level of school access

was established for children with disabilities at the state and local levels.

Sped History

The Resulting Legislation• “Education for All Handicapped Education Act,

(Public Law 94-142) on November 29, 1975• After the adoption of enabling regulations, PL

94-142 went effective in October 1977• PL 94-142 proved to be the cornerstone of

special education, requiring public schools to provide "free appropriate public education“

• “Least restrictive environment“

Sped HistoryResulting Legislation

• In 1983, the law was extended to include parent training and information centers at the state level.

• 1986, early intervention programs for infants and education services for preschoolers were added.

• 1990, services and eligibility were again expanded and the law was renamed the “Individuals with Disabilities Education Act” (IDEA).

• The IDEA has been reauthorized and expanded ever since

Sped History

The Ultimate Impact• Before the IDEA, the history of special education in America was

pretty bleak• Many children with disabilities were denied access to public

education • Many states had laws excluding children with major disabilities

such as deafness, blindness, and mental retardation.• IDEA is considered responsible for providing special education

opportunities to more than 6.5 million children and 200,000 infants, toddlers, and families each year.

Where Are We Today

• On December 3, 2004, IDEA was amended by the Individuals With Disabilities Education Improvement Act of 2004, now known as IDEIA.

• The reauthorization of IDEA in 2004 revised the statute to align with the requirements of the No Child Left Behind Act (NCLB).

IDEA Provisions

Eligibility for services– Having a disability does not automatically qualify a

student for special education services under the IDEA. The disability must result in the student needing additional or different services to participate in school.

Individualized Education Program

Public schools create an Individual Education Program (IEP) for each student who is found to be eligible.

The IEP is the cornerstone of a student's educational program.

IDEA Provisions

Related services includes:Transportation Speech-language pathology / audiology, psychological Physical and Occupational therapy Music therapy Early identification and assessment of disabilities in children Counseling services Orientation and mobility services School health services Social work services, and Parent counseling and training.

IDEA Provisions

Free Appropriate Public EducationGuaranteed by the Individuals with Disabilities

Education Act (IDEA), FAPE is defined as an educational program that is individualized to a specific child, designed to meet that child's unique needs, and from which the child receives educational benefit.To provide FAPE, schools must provide students with an “… education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living.

IDEA Provisions

Least Restrictive EnvironmentIDEA states: "...to the maximum extent appropriate, children with disabilities including children in public or private institutions or care facilities, are educated with children who are nondisabled; and special classes, separate schooling or other removal of children with disabilities from regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

The LRE is the environment most like that of typical children in which the child with a disability can succeed academically.

IDEA ProvisionsDiscipline of a child with a disability

When disciplining a child with a disability, one must take that disability into consideration to determine the appropriateness of the disciplinary actions.

Children with disabilities who have been suspended for 10 or more days for each school year (including partial days), the local education agency (LEA) must hold a manifestation determination hearing within 10 school days of any decision to change the placement of a child resulting from of a violation of code of student conduct.

If it is determined that a student's behavior is a manifestation of his or her disability, then he or she may not be suspended or expelled. However, under IDEA 2004,if a student "brings a weapon to school or a school function; or knowingly possess, uses, or sells illegal drugs or controlled substances at school or a school function"; or causes "serious bodily injury upon another person," he or she my be placed in an interim alternate educational setting (IAES) for up to 45 school days. This allows the student to continue receiving educational services while the IEP team has time to determine the appropriate placement and the appropriate course of action including reviewing the FBA and the BIP.

IDEA Provisions

Child Find

Public school districts are responsible for identifying all students with disabilities within their districts, regardless of whether they are attending public schools, since private institutions may not be funded for providing accommodations under IDEA.

IDEA Provisions

Procedural safeguardsIDEA includes a set of procedural safeguards designed to protect the rights of children with disabilities and their families, and to ensure that children with disabilities receive a FAPE.

The procedural safeguards include the opportunity for parents to review their child's full educational records; full parent participation in identification and IEP team meetings; parent involvement in placement decisions; Prior Written Notice; the right of parents to request independent educational evaluations at public expense; Notice of Procedural Safeguards; Resolution Process; and objective mediation funded by the state education agency and impartial Due Process Hearings

IDEA Provisions

Early interventionPart C of IDEAGoals for an IFSPRole of the Service Coordinator

Sped History & IDEADiscussion

Comments

Questions