Educ 2120
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Educ 2120

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    Educ 2120 Educ 2120 Presentation Transcript

    • Legal & Ethical Issues EDUC 2120 Legal Protections for Diverse Populations of Learners Luke M. Cornelius, Ph.D., J.D. Associate Professor-Educational Leadership
    • 14 th Amendment
      • No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
    • Brown v. Bd. Of Educ. (1954)
      • We conclude that, in the field of public education, the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment.
    • Equal Protection
      • Schools may not discriminate on the basis of:
        • Race
        • Gender
        • Religion
        • National Origin
        • Disability
        • Sexual Orientation
    • Equal Protection Laws
      • The Civil Rights Act of 1964 (Race, Religion, & National Origin)
      • Title IX of the Education Amendments (Gender, Orientation)
      • McKinney-Vento Act (Homeless)
      • 14 th Amendment (illegal aliens)
      • Individuals with Disabilities Education Act (IDEA-Disability & Gifted))
      • Section 504 of the Rehabilitation Act (Disability)
      • Title III (ESL/ESOL/ELL)
      • State Law (Bullying)
      • Equal Access Act (Religion & Orientation)
    • Bullying, Abuse, and Harassment
      • Bullying, Abuse, and Harassment can lead to:
        • Lowered self-esteem and student achievement
        • Physical and mental health problems
        • Attendance problems
        • School violence
      • A child who does not feel safe at school cannot learn!
    • Bullying, Abuse, and Harassment
      • Under Georgia Code (O.C.G.A. § 20-2-751.4 ), schools must develop a plan to prevent bullying in all grades 6-12.
      • Bullying is defined under state law as:
          • Any willful attempt to threat or inflict injury on another person when accompanied by an apparent ability to do so;
          • Any intentional display of force as would give the victim to fear or expect immediate bodily harm.
    • Bullying and Abuse
      • Common types of bullying and abuse:
        • Physical and mental attacks or intimidation
        • Teasing
        • Practical Jokes
        • Hazing, especially in clubs, teams, and band
        • Jokes or teasing based upon perceived or real disabilities or personal characteristics
        • Cyber-Bullying and Cyber-Stalking are becoming increasingly common!
    • Gender & Orientation
      • Students protected under Title IX
      • Students are entitled to equal educational opportunities regardless of Gender
      • Students also entitled to an education free of gender-based harassment
    • Sexual Harassment
      • Can occur in all grade and age levels and among any combination of genders
      • Educators can be held liable not only for their actions but for their knowledge and failure to deal with the actions of others
      • Sexual harassment may be the single greatest problem in Georgia’s schools today
    • Sexual Harassment
      • What is sexual harassment?
      • It may be:
        • Jokes, teasing, and innuendo
        • Comments on a persons physical appearance and attractiveness
        • Inappropriate or unwelcome sexual advances
        • Inappropriate or unwelcome touching or physical contact
    • Sexual Harassment
      • (Continued):
        • Hazing of a sexual or sexually humiliating nature
        • Sexual assault
        • Derogatory comments or actions motivated by the victim’s actual or perceived sexual orientation
    • Title IX
      • Entitles all children to equal educational opportunities regardless of gender
        • Includes curriculum, extracurriculars, and athletics
      • Court rulings have made clear this law applies to sexual orientation as well as gender
        • May even apply to dress and grooming standards
      • Also guarantees equal education for teen parents and pregnant students
    • Homeless and Alien Children
      • The McKinney-Vento Act insures the right of homeless students to full educational programs and services
        • Students must be allowed to continue in previous school of residence or in any zone claimed as residence
      • The Supreme Court has held ( Plyler v. Doe ) that the 14 th Amendment guarantees full equal education access to illegal and undocumented aliens
    • Title III & ESL
      • Mandated in No Child Left Behind & by 14 th Amendment
      • Knowledge of Basic English deemed “essential” to benefiting from public education
      • *A high-need field!
    • Special Education
      • Exceptional Students are identified by Child Find and Evaluation (RTI)
      • IDEA and Section 504 provide for “reasonable accommodations”
      • IDEA also provides for Gifted Education
    • IDEA
      • Originally adopted as EAHCA in 1975
      • Became IDEA in 1990
      • Usually amended every five years
      • Key amendments in 1997 & 2004
      • Will likely be amended again before you start teaching!
    • Key Rights of IDEA
      • Child Find, Identification, & evaluation
      • Free and Appropriate Education (FAPE)
      • Individual Education Plan (IEP)
      • Least Restrictive Environment
      • “ Stay Put” and due process
      • Other Related Services
      • Manifestation hearings for discipline
      • Services for private school students
    • IDEA Eligibility
      • School Districts must actively seek to identify all eligible children within their service area
      • Evaluation and services may begin before regular education age (ages 3-5) and can continue until 21
      • Right to IDEA services applies even to children not enrolled in public schools
    • FAPE
      • Special Education, including gifted, must be at no additional charge or expense to the student or their family
      • “Appropriate” to be determined by IEP, Fair Hearing, or Court
      • Appropriate does not mean “best”
      • FAPE may be achieved in some cases by placement in private schools and facilities
    • IEP
      • All children under IDEA and 504 must have their own IEP
      • IEP is normally prepared by a team including teachers, administrators, and parents; it may include other specialists and even students
      • Under 2004 revisions an IEP can be drafted without parents if they object to placement
      • Must include regular education teachers if student is in regular ed classrooms
    • LRE
      • Ideally it is the classroom, or as close to it as possible, as that the student would have been placed in without their disability
        • Can include private and parochial schools
      • In practice most placements are, at least initially, in regular education classes
      • Most restrictive placement is residential facility
    • Due Process & “Stay Put”
      • Parents, Children, & Schools all have right to fair hearings for disputes over initial or revised IEPs
      • Extreme disputes can end in Federal Court
      • During any dispute the parents may invoke “stay put” which prohibits any change in placement until due process is complete
      • Parents in disputes may employ lawyers and, if successful, are entitled to recover legal fees
    • Related Services
      • “ Related Services” is a term that applies to non-educational services deemed necessary for a child to benefit from IDEA
      • Generally applies to health support such as administering medications, accommodating physical conditions
      • Despite restrictions on “medical” services can include skilled nursing and other medical specialty services not requiring a certified physician (e.g., respiratory technicians, etc.)
      • Often these services are provided by teachers
    • IDEA and Discipline
      • Special Education students may not be disciplined for behavior that is a result of their disability
      • When needed, manifestation hearings will determine if inappropriate behavior is disability-related or not
      • However, the IEP can include behavior modification responses to specific inappropriate behaviors
    • IDEA and Discipline
      • Exceptions:
        • Children who bring weapons or drugs to school
        • Such offenders may be immediately reassigned to an alternative school for up to 45 days or suspended for 10 days
        • During such time a new IEP and placement may be developed
    • IDEA
      • Special Education is a service for qualified children; NOT a disciplinary tool
      • Avoid making referrals for normal behavior problems or simply because a child is difficult or unpleasant
      • Also, avoid making referrals based upon cultural issues such as dialect, pronunciation, or limited English
    • Discrimination and IDEA
      • Surveys and legal opinions note that minorities and male students are over-referred for IDEA services nationwide and in Georgia
      • African-American boys are three times as likely to be referred as others
      • Non-native English Speakers tend to be over-referred for Speech-Language services
    • IDEA-Key “Ideas”
      • The key to effectively serving special education children is TEAMWORK
      • Changes to special education plans require due process
      • IDEA rights also apply to gifted children
      • IDEA is funded (state & federal); 504 and ADA are not
    • Section 504
      • Rehabilitation Act of 1973
      • Requires reasonable accommodation for disabilities in all public programs
      • Generally applies in schools to children with non-educational or temporary disabilities
      • Implemented by IEP
      • Should be immediately considered if a child is not eligible for IDEA services
    • Section 504
      • Covers major life functions such as:
        • Allergies
        • Diabetes
        • Mental illnesses
        • HIV/AIDS and other diseases
        • Broken bones
        • Certain pregnancies
    • HIV/AIDS & Other Diseases
      • Generally not considered an educational disability and therefore not covered under IDEA
      • Usually covered under Section 504 as an actual or perceived life disability
      • Infected persons may not be excluded from any activities, including PE and sports, unless there is an exceptionally high risk of disease transmission
      • Under 504 and HIPAA, information regarding persons with infectious diseases must be tightly restricted
    • For More Information:
      • Your Instructor
      • Dr. Luke M. Cornelius, ED Annex 149 lcorneli@westga.edu