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Chapter 10<br />Rights of Students with Disabilities<br />
Judicial Opinions<br />Free appropriate public education (FAPE)<br />Extended school year (ESY)<br />Regression-recoupment...
History<br />Education for All Handicapped Children Act (EAHCA) – 1975 (PL 94-142)<br />Amended: 1978, 1983, 1986, 1990, 1...
Education for All Handicapped Children Act (EAHCA)<br />Provisions:<br />A free appropriate public education (FAPE)<br />A...
Education for All Handicapped Children Act (EAHCA)/ Individuals with Disabilities Education Act (IDEA)<br />Amendments:<br...
Individuals with Disabilities Education Act (IDEA)<br />Amendments:<br />Funding, definitions for children with learning d...
Individuals with Disabilities Education Act (IDEA)<br />IDEA Definition of Children with Disabilities:<br />Mentally retar...
Free Appropriate Public Education (FAPE)<br />Definitions:<br />Provided at public expense and without charge<br />Meet st...
Individualized Education Program (IEP)<br />Definition:<br />“ … a written statement for each child with a disability deve...
Individualized Educational Program<br />IDEA (1997)Requirements:<br />Present level of performance<br />Measurable annual ...
Board of Education of Hendrick Hudson Central School District v. Rowley<br />(U.S. Supreme Court, 1982)<br />Timothy W. v....
Extended School Year (ESY)<br />Must be expressly stated in a child’s IEP<br />Question: What are the determining standard...
Least Restrictive Environment (LRE)<br />“To the maximum extent appropriate, children with disabilities, … are to be educa...
Mainstreaming<br />Preferred term: Inclusion<br />(IEP: Requires a statement of the child will not participate with non-di...
Obertiex rel. Oberti v. Board of Education of Clementon School District<br />(U.S. Court of Appeals, Third Circuit, 1993)<...
Attention Deficit Hyperactivity Disorder<br />Definition: <br />A behavioral disorder most commonly defined by the criteri...
Alvin Independent School District v. A.D.<br />(U.S. Court of Appeals, Fifth Circuit, 2007)<br />
Private School Placement & Services<br />Special education and related services to meet the needs of disabled children in ...
Related Services<br />“ … means transportation, and such developmental, corrective, and other supportive services (includi...
Discipline<br />Misconduct not related to disability - OR – an alternative or more-restricted placement needs to be consid...
Discipline<br />Manifestation Determination – meeting to decide if the inappropriate behavior of the child is related to h...
Other Issues<br />Compensatory Education – services beyond age 21 if courts determine deprivation of FAPE<br />Attorney’s ...
Rehabilitation Act of 1973, Section 504<br />“No otherwise qualified handicapped individual … shall, solely by reason of h...
Differences: IDEA vs. Section 504<br />IDEA – very specific rules and procedures in providing FAPE<br />Section 504 – proh...
Section 504 and AIDS<br />Child with AIDS is not considered handicapped as defined in IDEA unless the child needs special ...
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Adsu 6437 chapter 10

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Transcript of "Adsu 6437 chapter 10"

  1. 1. Chapter 10<br />Rights of Students with Disabilities<br />
  2. 2. Judicial Opinions<br />Free appropriate public education (FAPE)<br />Extended school year (ESY)<br />Regression-recoupment dilemma<br />Procedural safeguards<br />Individualized education programs (IEP)<br />Attention deficit hyperactivity disorder (ADD/ADHD)<br />Least restrictive environment (LRE)<br />Placement in private schools<br />Related services<br />Discipline and “stay put” provisions<br />Compensatory education<br />Attorney’s and expert’s fees<br />Liability for reimbursement of parents<br />
  3. 3. History<br />Education for All Handicapped Children Act (EAHCA) – 1975 (PL 94-142)<br />Amended: 1978, 1983, 1986, 1990, 1997, 2004<br />Individuals with Disabilities Education Act (IDEA) – 1990<br />IDEIA (“Improvement” added) – 2004<br />Brown v. Board of Education (1954): set the precedent for extension of educational access to all children, including those with disabilities<br />
  4. 4. Education for All Handicapped Children Act (EAHCA)<br />Provisions:<br />A free appropriate public education (FAPE)<br />An individualized education program (IEP)<br />Special education services<br />Related services<br />Due process procedures<br />Least restrictive environment (LRE) <br />Ages 3-18<br />
  5. 5. Education for All Handicapped Children Act (EAHCA)/ Individuals with Disabilities Education Act (IDEA)<br />Amendments:<br />Ages 3-21 (1980)<br />Preschool included (1986)<br />Birth to age 2 (1986)<br />Receipt of attorney fees, if successful appeal (1986)<br />Disabilities extended to include: head trauma and autism (1990)<br />Transition services; age 16 and older (1990)<br />Eligibility, evaluation, programming, private school placements, discipline, funding, attorney’s fees, dispute resolution, and procedural safeguards (1997)<br />
  6. 6. Individuals with Disabilities Education Act (IDEA)<br />Amendments:<br />Funding, definitions for children with learning disabilities, dispute resolution procedures, disciplinary rules for children with disabilities, manifestation criteria (2004)<br />Coordinate language with NCLB (e.g. “highly qualified” teacher, AYP) (2004)<br />
  7. 7. Individuals with Disabilities Education Act (IDEA)<br />IDEA Definition of Children with Disabilities:<br />Mentally retarded<br />Hard of hearing or deaf<br />Speech and language impaired<br />Visually handicapped or blind<br />Seriously emotionally disturbed<br />Orthopedically impaired<br />Autism<br />Traumatic brain injury<br />Specific learning disabilities<br />Otherwise health impaired<br />
  8. 8. Free Appropriate Public Education (FAPE)<br />Definitions:<br />Provided at public expense and without charge<br />Meet standards of state education agencies<br />Include preschool, elementary and secondary education<br />Services conform to IEP’s<br />Appropriate – not defined by Congress but rather by judicial opinions.<br />Mills v. Board of Education of District of Columbia<br />(U.S. District Court, District of Columbia, 1972)<br />
  9. 9. Individualized Education Program (IEP)<br />Definition:<br />“ … a written statement for each child with a disability developed in any meeting by a representative of the local educational agency or an intermediate educational unit who shall be qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities …” (Honig v. Doe, 1988)<br />
  10. 10. Individualized Educational Program<br />IDEA (1997)Requirements:<br />Present level of performance<br />Measurable annual goals<br />Program modifications<br />Participation in achievement assessments<br />Evaluation procedures related to annual goals<br />Periodic report cards<br />
  11. 11. Board of Education of Hendrick Hudson Central School District v. Rowley<br />(U.S. Supreme Court, 1982)<br />Timothy W. v. Rochester School District<br />(U.S. Court of Appeals, First Circuit, 1989)<br />
  12. 12. Extended School Year (ESY)<br />Must be expressly stated in a child’s IEP<br />Question: What are the determining standards?<br />Answer: Regression-Recoupment<br />Regression – gradual loss of memories and acquired skills; reversion to an earlier mental or behavioral level <br />Recoupment - to make up (recoup) for something lost<br />
  13. 13. Least Restrictive Environment (LRE)<br />“To the maximum extent appropriate, children with disabilities, … are to be educated with children who are not disabled …only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.”<br />
  14. 14. Mainstreaming<br />Preferred term: Inclusion<br />(IEP: Requires a statement of the child will not participate with non-disabled children.)<br />Four-Factor Analysis:<br />Educational benefits of placement in a regular classroom<br />Nonacademic benefits of placement <br />Effect the student has on the teacher and other children<br />Cost<br />
  15. 15. Obertiex rel. Oberti v. Board of Education of Clementon School District<br />(U.S. Court of Appeals, Third Circuit, 1993)<br />Beth v. Van Clay<br />(U.S. Court of Appeals, Seventh Circuit, 2002)<br />
  16. 16. Attention Deficit Hyperactivity Disorder<br />Definition: <br />A behavioral disorder most commonly defined by the criteria of inattention, hyperactivity, and marked impulsiveness.<br />Eligibility for IDEA Services:<br />Other Health Impaired<br />Specific Learning Disability<br />Seriously Emotionally Disturbed<br />Section 504<br />
  17. 17. Alvin Independent School District v. A.D.<br />(U.S. Court of Appeals, Fifth Circuit, 2007)<br />
  18. 18. Private School Placement & Services<br />Special education and related services to meet the needs of disabled children in private schools must be provided by the local education agency<br />Service to private schools must be “comparable”<br />Placement in a private school must be approved before funding is required<br />Foley v. Special School District of St. Louis County<br />(U.S. Court of Appeals, Eighth Circuit, 1998)<br />
  19. 19. Related Services<br />“ … means transportation, and such developmental, corrective, and other supportive services (including speech pathology and audiology, psychological services, physical and occupational therapy, recreation, and medical and counseling services) … to benefit from special education.”<br />Irving Independent School District v. Tatro<br />(U.S. Supreme Court, 1984)<br />
  20. 20. Discipline<br />Misconduct not related to disability - OR – an alternative or more-restricted placement needs to be considered<br />Suspension – ten (10) days maximum or considered a change in placement<br />“Stay-Put” Provision – child remains in current educational placement until an alternative placement can be determined – UNLESS – <br />weapon possession or illegal drugs (alternative setting for not more than 45 days)<br />
  21. 21. Discipline<br />Manifestation Determination – meeting to decide if the inappropriate behavior of the child is related to his/her disability<br />Even if the discipline is not a manifestation of a child’s disability and discipline consequences are imposed (e.g. suspension or expulsion), services may not be terminated<br />Honig v. Doe<br />(U.S. Supreme Court, 1988)<br />
  22. 22. Other Issues<br />Compensatory Education – services beyond age 21 if courts determine deprivation of FAPE<br />Attorney’s and Expert’s Fees – may be awarded by the courts to parents who prevail in lawsuits<br />
  23. 23. Rehabilitation Act of 1973, Section 504<br />“No otherwise qualified handicapped individual … shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”<br />
  24. 24. Differences: IDEA vs. Section 504<br />IDEA – very specific rules and procedures in providing FAPE<br />Section 504 – prohibits discrimination against all persons with disabilities regardless of whether they require educational services or not<br />Section 504 – applies only to agencies receiving federal financing; IDEA – applies to state and local agencies receiving funds under IDEA (state and/or federal)<br />
  25. 25. Section 504 and AIDS<br />Child with AIDS is not considered handicapped as defined in IDEA unless the child needs special education<br />May be considered “other health impaired”<br />Martinez v. School Board of Hillsborough County<br />(U.S. Court of Appeals, Eleventh Circuit, 1988)<br />
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