This document provides an overview of key terms, legislation, and policies related to special education in the United States. It discusses major laws like IDEA and Section 504, as well as concepts like IEPs, least restrictive environments, eligibility, evaluations, and the responsibilities of school districts. Key points covered include requirements for child find, evaluations, ARD committees, individualized education programs, inclusion in the general curriculum, statewide testing accommodations, procedural safeguards, private school placements, discipline procedures, and the relationship between IDEA and Section 504.

1. T H R E E
Special Education
William Allan Kritsonis, PhD

2. jargon of special education
p.l. 94-I42: passed in 1975 guaranteeing every
child with a disability free and
appropriate education now know as
Individuals with Disabilities
Education Act (IDEA)
504: prohibits discrimination against
persons with disabilities in programs
that receive federal funds
FAPE: Free, appropriate public education
IEP: Individualized education program
ARD: Admission, review, and dismissal.
Placement: This refers to the instructional
arrangement in which the child is
educated.
LRE: Least restrictive environment

3. jargon of special education
Related Services: Special transportation and
other non-instructional
services that are necessary
for the child to obtain benefit
from the educational
program.
Eligibility: Meeting certain criteria for
federally funded special
education programs.
FIE: Full Individual Evaluation.
IEE: Independent Educational
Evaluation.
ESY: Extended School Year
OSEP: Office of Special Education
Programs.

4. Federal legislation
Child Find
• School districts take an active role in
identifying and serving students with
a need.
• Publicize the availability of special
education services.
• Train teachers to identify the typical
signs of disability
• Reach out to private-school
administrators and home schoolers.

5. Federal Legislation
Evaluation
• To avoid untutored labeling a Full
Individual Evaluation (FIE)
• ARD committee meets in order to eliminate
unnecessary testing.
• Parents have the right to disagree with
decisions if so they are entitled to obtain an
Independent Educational Evaluation
but can force the district to accept data.

6. Federal Legislation
Eligibility
Two Requirements
1. Student must have a disability
that qualifies under the law
2. The student must as a result of
the disability need special
education services

7. Federal Legislation
ARD Committee
ARD Committee is composed of:
1. The parent (s)
2. A regular education teacher
3. A special education teacher
4. Someone who can interpret the instructional
implications
5. A representative of the school district
6. Others in the judgment of the parents or the
school, have special knowledge or expertise
7. When appropriate, the student

8. Federal Legislation
Individualized Education Program
• A statement of the child’s present levels of
education
• Measurable annual goals, including short-
term objectives
• Related services, supplemental aids and
services, program modifications and
supporters for school personnel that
provides services to the child
• Explanation for class exclusion
• Modifications needed
• Dates services are provided
• Statement of how the parents will be
informed of child’s progress

9. Federal Legislation
General Curriculum
• Refers to the things the regular
education students are
expected to learn
• Special education students
should be taught as much as
possible, the same subject
matter that the regular
education students are taught.

10. Federal Legislation
NCLB and Statewide Assessments
• Require states to hold all
students to the same academic
standards, and to demonstrate
“adequate yearly progress”
(AYP) through statewide test in
certain subjects.

11. Federal Legislation
Least Restrictive Environment
• The law mandates that LRE, but
it also mandates a full
continuum of alternative
placements, some of them
highly restrictive.
• Other terms Mainstreaming, and
Inclusion

12. Federal Legislation
Procedural Safeguards
Four Aspects
1. Notice
2. Consent
3. The right to an IEE
4. The right to a Due Process Meeting

13. Federal Legislation
Attorneys’ Fees
• Parents who “prevail” in a
special education dispute with a
school district are entitled to
recover reasonable attorney
fees.
• Congress put some limits on
recovery of attorney fees in
IDEA 1997 and 2004.

14. Federal Legislation
FAPE
Board of Education v. Rowley
established two things
1. 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 services
to attend school, and the service
can be provided by someone
other than an M.D., then the
school district must provide or
pay for the service.

16. Federal Legislation
Extended School Year Services

17. Federal Legislation
Unilateral Placements
This involves a disagreement between school and parent as to
the appropriate placement
.
PARENTS vs. SCHOOL -PARENTS vs. SCHOOL -
ReimbursementReimbursement
I.I. Cost ReimbursementsCost Reimbursements
What the school believes
What the parent believes
II.II. Burden of Proof - ParentBurden of Proof - Parent
Prove IEP and/or Placement recommended by school is inappropriate
Parents prove their arranged IEP and Placement are appropriate
III.III. Factors faced by - ParentFactors 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 placement
IV.IV. Teague I.S.D. v. Todd L. (1993) DeniedTeague I.S.D. v. Todd L. (1993) Denied
Reimbursement Denied
School program appropriate
Restrictive vs. Non-Restrictive
V.V. Florence County School District Four v. Carter(1994)Florence County School District Four v. Carter(1994)
Facility
Argument
U S Supreme Court Reimbursement
VI.VI. IDEAIDEA 1997 Procedural Requirements1997 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 1997IDEA 1997
Under child find the public school is required to evaluate students
in private school for special education.
They are also required to spend a proportionate share of federal
special education funds
I.I. Public to PrivatePublic to Private
Child Find
Proportionate Share
II.II. IDEA 1997IDEA 1997
FAPE
Services
No Due process
Decisions by ISD
Loss of rights
III.III. TexasTexas
Exception
Dual Enrollment

19. Discipline of Students with Disabilities
The 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 and
substantial relationship to the child’s disability?
2. Was the conduct of the student a direct result of the school’s failure to
implement the IEP?
I.I. Congress and Special EducationCongress and Special Education
Guarantee an appropriate education
Encourage safe classrooms free drugs
II.II. S-1 v. TurlingtonS-1 v. Turlington
U.S. Court of Appeals / Fifth Circuit
Student Behavior
Students Classification
Disability or Not
III.III. Supreme Court – Honig v. DoeSupreme Court – Honig v. Doe
Dangerous Behavior
Suspension Lengths
Injunction
“Stay Put” provision of IDEA
Then Current Placement
IV.IV. Congress revision of Special Education discipline laws in IDEA 1997Congress revision of Special Education discipline laws in IDEA 1997
Congress enacted into federal law a requirement
Expellable Act
Congress nullifies major court decision
V.V. Common Wealth of Virginia v. RileyCommon Wealth of Virginia v. Riley
Congress Intervention revised IDEA
Nondisabled vs. Disabled

20. DISCIPLINE OF STUDENTS WITH DISABILITIESDISCIPLINE OF STUDENTS WITH DISABILITIES
V.V. Continued…Continued…
Exception to “stay put”
Violation to Code of Conduct
Removal longer Than 10 days
Congress adopted statutory language
Cumulative rule
VI.VI. Concept of a “ManifestationConcept of a “Manifestation
Determination”Determination”
IDEA 1997
ARD Committee
Texas Legislature – TEC §37.0021
Restraint and Time Out
Time Out

21. Section 504 of The Rehabilitation Act of
1973
I.I. Section 504 of the Rehabilitation Act 1973Section 504 of the Rehabilitation Act 1973
Federal Money
Americans with Disabilities Act
Section 504 three pronged definition
Group 1
Group 2
Group 3
II.II. 504 Special Treatment504 Special Treatment
Physical or Mental Impairment
ADD
LEP
Coverage of 504
III.III. Mitigating Measures - PerformanceMitigating Measures - Performance
Medication
Non Medication
IV.IV. 504 Eligible504 Eligible
Performance
Potential
Genuine physical or mental impairment
Major life Activity
V.V. IDEA vs. 504IDEA vs. 504
Standards for eligibility
Requirements

22. William Allan Kritsonis, PhD