Special Education

Professional Development ActivityPresenters: Mae Rose & Kimberly Scott

Laws that Protect Students with Disabilities

1975- The Education for All Handicapped Children’s Act created special rights for students with disabilities.

2004-The law changed to Individuals with Disabilities Education Act (IDEA,2004)

Section 504 of the Rehabilitation Act of 1973 (Section 504, 2000)

The Americans with Disabilities Act (ADA; 1990)

Role Play

Special Education Teacher

Parent

Classroom Teacher

Principal

Occupational Therapist

Objectives

Teachers will be able to identify the key distinctions between IDEA, Section 504, and the ADA.

Teachers will be able to apply the laws to real-life scenarios.

Teachers will be able to better confront special education issues arising in the classroom.

Group Activity

Each group will be provided with a content handout.

On butcher paper, highlight the most important aspects of the law.

Each group has 7 minutes to complete this activity.

One person from each group will present this information to the entire group.

Scenario 1

Parents of an elementary school student with autism requested that the school district provide their child with the applied behavior analysis (ABA) method. The ABA method attempts to ensure a match between the behavioral intervention and the specific behavioral problems at issue. The ABA method is a comprehensive intervention to behavioral issues– it is ideally carried out in every setting possible.

The parents argued that their child would educationally benefit from the ABA method, and in making this argument, the parents cited several studies that demonstrated the effectiveness of ABA. The school district denied this request, arguing that it was too costly and that other methods were equally as effective.

Scenario 1 Questions

Would the school district be denying this student FAPE if it did not implement the ABA method?

What if the parents pulled their child out of this school and sent him or her to a private school that used the ABA method? Would the parents be able to be reimbursed for the private-school tuition?

How would the parents appeal the school district’s decision under IDEA?

How is it determined whether the ABA method is required under IDEA?

Scenario 2

A student receiving services under IDEA spray painted graffiti inside the school’s restroom. The student painted “death to principal Stuckey”. The student had already been suspended nine days this academic year. Thus, school officials need to conduct a manifestation determination before suspending this student for five additional days. The parents argued that their child’s diagnosis of ADHD was related to his misconduct; thus, he could not be suspended. (Note: Although ADHD is not listed as one of the 13 specific categories of disability, it is sometimes included under the “other health impairment” category.

Scenario 2 Questions

Do you think a diagnosis of ADHD could be found to be related to the conduct described in Scenario 2?

Do you think that school officials could have moved this student to an interim alternative educational setting for 45 days because of the “death threat” to principal Stuckey?

Would a manifestation determination need to be conducted before placing this child in an interim alternative-education setting? How would this be decided?

Scenario 3

A kindergarten student was diagnosed with acquired immunodeficiency syndrome (AIDS) from a contaminated blood transfusion received at birth. The child’s doctors wrote the school district, indicating that there was no medical reason why the child should be able to attend kindergarten. The school district allowed the child to attend kindergarten. After the child bit another classmate (no skin was broken), school officials had the child evaluated and decided that he should be tutored at home. The child’s parents filed a lawsuit, contending that their son should be placed in the kindergarten classroom.

Scenario 3 Questions

Would this child be found to be a “handicapped” person under Section 504? Is this student “otherwise qualified” to attend public school?

How do school officials balance the rights of the individual student and the safety of the rest of the students in the class?

Scenario 4

School officials dismissed a fifth grade teacher who suffered epileptic seizures. The school district found out about the seizures because parents had seen the teacher have an episode at the mall and voiced concerns student safety to the superintendent. After an investigation, school officials learned that even when the teacher took her medication, there was still a very small chance that she could have a seizure. The teacher suffered from approximately two seizures per year. The school board violated her rights under the Americans with Disabilities Act.

Scenario 4 Questions

Is this teacher otherwise qualified?

What would this teacher argue under Section 504?