This document discusses key provisions of the Individuals with Disabilities Education Act (IDEA). It outlines the history and purpose of IDEA and its predecessor acts. Some of the major statutory provisions discussed include: providing a free appropriate public education for students with disabilities, developing individualized education programs, defining attention deficit hyperactivity disorder, ensuring students are placed in the least restrictive environment, funding special education services at private schools, covering related services, and establishing due process protections for students and families.
Dr. Fred C. Lunenburg [1]. special education services nfsej v21 n1 2010William Kritsonis
Dr. Fred C. Lunenburg, www.nationalforum.com, Dr. William Allan Kritsonis, Editor-in-Chief, National FORUM Journals, Houston, Texas
www.nationalforum.com - Over 5,000 professors published since 1983.
This document summarizes several major laws and concepts in special education, including the No Child Left Behind Act, the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act. It discusses key ideas like inclusion, standards-based education, universal design for learning, differentiated instruction, response to intervention, and evidence-based practices. The major laws aim to provide students with disabilities access to free appropriate public education and ensure accountability for their learning progress.
The document discusses the history and implementation of special education in the United States. It began with the Education for All Handicapped Children Act of 1975 which mandated special education programs. This was later replaced by the Individuals with Disabilities Education Act (IDEA) which entitles students to a free and appropriate public education. The IDEA requires schools to evaluate students, develop Individualized Education Programs (IEPs), and provide services and accommodations in the least restrictive environment. The document provides details on evaluating and classifying students, developing IEPs, determining placements, and the categories of disabilities covered under special education.
This document summarizes key points of special education legislation and practices. It discusses laws such as the Education for All Handicapped Children Act, the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act that require schools to provide students with disabilities a free and appropriate public education. It also discusses elements of today's schools including standard-based education, inclusion, response to intervention, differentiated instruction, and evidence-based practices.
This document provides an overview of key legislation and strategies for teaching learners with special needs. It discusses laws such as IDEA, ADA, and NCLB that promote inclusion and accessibility. It also outlines frameworks like RTI, UDL, and differentiated instruction that tailor education to individual student needs. The document emphasizes that today's classrooms require consideration of all students' diversity and use of evidence-based practices.
Priorities for Equity and Inclusion? Quality in Early Childhood Care and Educ...Young Lives Oxford
Keynote speech by Renu Singh at the British Association of Comparative and International Education conference, 10 Sept 2014.
The importance of early development in shaping children's education outcomes is widely acknowledged. The Dakar Framework for Action reinforced the call for 'expanding and improving comprehensive early childhood care and education, especially for the most vulnerable and disadvantaged children'. Building an enabling policy environment which focuses on equity and equality in allocations and interventions is essential if the rights of every young child are to be promoted.
Education is the most powerful tool which can shape the destiny of an individual as well as
the whole nation.
However, India is still suffering with illiteracy. In the words of Mahatma Gandhi, "Illiteracy is our sin and shame and must be liquidated."
Not only the govt but also the judiciary has taken steps to curb this evil out from the society.
This presentation will help you to understand the history of RTE and also the major drawbacks of the RTE Act.
Dr. Fred C. Lunenburg [1]. special education services nfsej v21 n1 2010William Kritsonis
Dr. Fred C. Lunenburg, www.nationalforum.com, Dr. William Allan Kritsonis, Editor-in-Chief, National FORUM Journals, Houston, Texas
www.nationalforum.com - Over 5,000 professors published since 1983.
This document summarizes several major laws and concepts in special education, including the No Child Left Behind Act, the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act. It discusses key ideas like inclusion, standards-based education, universal design for learning, differentiated instruction, response to intervention, and evidence-based practices. The major laws aim to provide students with disabilities access to free appropriate public education and ensure accountability for their learning progress.
The document discusses the history and implementation of special education in the United States. It began with the Education for All Handicapped Children Act of 1975 which mandated special education programs. This was later replaced by the Individuals with Disabilities Education Act (IDEA) which entitles students to a free and appropriate public education. The IDEA requires schools to evaluate students, develop Individualized Education Programs (IEPs), and provide services and accommodations in the least restrictive environment. The document provides details on evaluating and classifying students, developing IEPs, determining placements, and the categories of disabilities covered under special education.
This document summarizes key points of special education legislation and practices. It discusses laws such as the Education for All Handicapped Children Act, the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act that require schools to provide students with disabilities a free and appropriate public education. It also discusses elements of today's schools including standard-based education, inclusion, response to intervention, differentiated instruction, and evidence-based practices.
This document provides an overview of key legislation and strategies for teaching learners with special needs. It discusses laws such as IDEA, ADA, and NCLB that promote inclusion and accessibility. It also outlines frameworks like RTI, UDL, and differentiated instruction that tailor education to individual student needs. The document emphasizes that today's classrooms require consideration of all students' diversity and use of evidence-based practices.
Priorities for Equity and Inclusion? Quality in Early Childhood Care and Educ...Young Lives Oxford
Keynote speech by Renu Singh at the British Association of Comparative and International Education conference, 10 Sept 2014.
The importance of early development in shaping children's education outcomes is widely acknowledged. The Dakar Framework for Action reinforced the call for 'expanding and improving comprehensive early childhood care and education, especially for the most vulnerable and disadvantaged children'. Building an enabling policy environment which focuses on equity and equality in allocations and interventions is essential if the rights of every young child are to be promoted.
Education is the most powerful tool which can shape the destiny of an individual as well as
the whole nation.
However, India is still suffering with illiteracy. In the words of Mahatma Gandhi, "Illiteracy is our sin and shame and must be liquidated."
Not only the govt but also the judiciary has taken steps to curb this evil out from the society.
This presentation will help you to understand the history of RTE and also the major drawbacks of the RTE Act.
The Constitution of India provides in article 14 – right to equality – “The State shall not deny to any person equality before law or the equal protection of the laws within the territory of India”. The constitution further ensures in article 15 that there will be prohibition of discrimination. In article 16, it states that there will be equality of opportunity in matters of public employment.
HAQ: Center for Child Rights
B1/2, Ground Floor,
Malviya Nagar
New Delhi - 110017
Tel: +91-26677412,26673599
Fax: +91-26674688
Website: www.haqcrc.org
FaceBook Page: https://www.facebook.com/HaqCentreForChildRights
This document summarizes major historical changes that have impacted special education. It outlines key US laws including the Rehabilitation Act of 1973, Education for All Handicapped Children Act of 1975, amendments in 1986 extending rights to preschoolers, Individuals with Disabilities Education Act of 1990, No Child Left Behind Act of 2001, amendments to IDEA in 1997 and 2004, and the Individuals with Disabilities Education Improvement Act of 2004. Each law expanded rights and protections for students with disabilities and their parents, increased access to accommodations and resources, and changed how special education is implemented.
Legislative Brief The Right To Education Bill 2008Alok Mittal
The Right of Children to Free and Compulsory Education Bill, 2008 seeks to give effect to the constitutional amendment requiring free and compulsory elementary education for children aged 6 to 14 years. Key provisions include:
1) All children in this age group have the right to free and compulsory education in a neighborhood school. Schools cannot hold children back or charge fees until elementary education is complete.
2) The central and state governments, along with local authorities, share responsibility for providing infrastructure and teaching facilities to ensure this right. Schools must meet norms for pupil-teacher ratios, infrastructure, and teacher qualifications.
3) The Bill specifies roles for government authorities but does not establish penalties for failing to provide education. It
Learner Rights and Teacher Responsibilities 8-5-2019_update2justcorey2015
In this Presentation, we will discuss the following:
1. Introduction of special education
2. Three relevant laws and policies at the state and federal level
3. Expectations of the profession
4. Codes of ethics
5. Professional standards of practice, including:
6. Practices for advocating to meet the needs of all learners
7. Practices to promote learners meeting their full potential
8. Practices to demonstrate respect for learners as individuals with differing personal and family backgrounds and various skills, abilities, and interests
9. Practices to demonstrate collaboration with learners, families, and colleagues
Special Education PPT. - William Allan Kritsonis, PhDWilliam Kritsonis
Special education laws aim to guarantee students with disabilities a free and appropriate public education (FAPE). Key laws include the Individuals with Disabilities Education Act (IDEA), which was passed in 1975 as the Education for All Handicapped Children Act, and Section 504 of the Rehabilitation Act of 1973, which prohibits disability discrimination. The IDEA establishes requirements for identifying students who need special education (Child Find), evaluating them, determining eligibility, developing individualized education programs (IEPs), placing students in the least restrictive environment, and involving parents in the process. Section 504 has a broader definition of disability and ensures accommodations for eligible students. Both laws aim to balance student rights with school safety in disciplinary policies.
The No Child Left Behind Act of 2001 (NCLB) is a reauthorization of the Elementary and Secondary Education Act that expanded the federal government's role in public K-12 education. Key provisions include annual testing of students, measuring Adequate Yearly Progress, and instituting accountability measures for underperforming schools including tutoring and restructuring. The goal is to have all students proficient in reading and math by 2014 through setting high standards and measurable goals to improve individual student outcomes.
This document analyzes the performance of India's Sarva Shiksha Abhiyan (SSA) program in ensuring social and academic inclusion of children with special needs, particularly those with learning disabilities, in general schools. It reviews literature on inclusive education and discusses key concepts. It then evaluates SSA based on access to education and participation, examining enrollment rates, retention, barrier-free access, teacher training, and academic outcomes. The paper finds that while SSA aims for universal enrollment and inclusion, it has failed to fully achieve these goals for disabled children, especially those with learning disabilities. It concludes with recommendations to improve coverage and meaningful inclusion.
Right to education Act 2009 ppt prepared by Rajashree J Jawalesundarsasane
This document provides a critical analysis of the right to education in India. It discusses how education is a fundamental right that flows from the right to life. International standards and the Indian constitution recognize education as a basic human right. Important judicial decisions have helped shape education policy in India. The Right of Children to Free and Compulsory Education Act of 2009 aims to ensure all children ages 6-14 receive free and compulsory education. However, some questions remain around implementation and whether the law achieves this goal in practice. Further reforms may be needed to fully realize the right to education for all Indian children.
The document discusses the history of inclusive education in the United States, beginning with the passage of key legislation such as the Education for All Handicapped Children Act (EAHCA) of 1975, which established the rights of students with disabilities to a free public education. It was later renamed the Individuals with Disabilities Education Act (IDEA) and strengthened through subsequent reauthorizations. The No Child Left Behind Act of 2001 and IDEA of 2004 emphasized accountability and access to the general education curriculum for students with disabilities. Currently, about 75% of students with disabilities spend part or all of their day in general education classrooms. The document provides an overview of inclusive practices and strategies used to support students with mild to moderate disabilities and
The document discusses the Alternative Learning System (ALS) in the Philippines. It provides background on ALS and describes some key aspects:
- ALS classes are conducted in community learning centers to provide education to out-of-school youth and adults. Learners are assessed and placed in literacy or elementary/high school programs.
- ALS teachers conduct classes in difficult to access areas, sometimes improvising class locations. They teach a diverse group of learners ranging from young children to the elderly.
- While the goal is to help learners pass the Accreditation and Equivalency exam to obtain a diploma, success rates remain low due in part to limited funding and challenges assessing skills through standardized
The document discusses key legislation in special education including the Education for All Handicapped Children Act, Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act. It also covers components of IDEA such as IEPs, FAPE, LRE, and procedural safeguards. Additionally, the document outlines critical education acts like NCLB and their impact on accountability, inclusion, differentiated instruction, and evidence-based practices for students with disabilities.
This document provides an overview of special education, including definitions, classifications of exceptionalities, and terminology. Special education is defined as individually planned instruction that helps exceptional children achieve independence and success. It differs from regular education in its specialized curriculum tailored to students' individual needs. Students may be classified into categories such as autism, intellectual disability, or specific learning disabilities. Key terms discussed include disability, handicap, developmental delay, and children who are at risk for delays. The document also outlines the history and goals of special education intervention.
The document summarizes key changes to the Individuals with Disabilities Education Improvement Act (IDEIA) including:
1) Requiring special education teachers teaching core academic subjects to meet "highly qualified" standards and defining those standards.
2) Adding requirements for transition planning and services beginning at age 16.
3) Eliminating benchmarks/short term objectives from IEPs except for students taking alternate assessments.
4) Requiring present levels of academic and functional performance and measurable annual goals in IEPs.
The documents outline the history and policies regarding compulsory education in the Philippines. Key points include:
- The 1935 Constitution first mandated compulsory education. Subsequent constitutions, laws, and decrees strengthened and expanded this mandate.
- Current law defines compulsory education as elementary through secondary levels. Students have a right and responsibility to receive free, quality public education.
- Parents have a legal duty to enroll their children in school or an approved alternative and ensure they complete compulsory education. Exceptions are allowed for health, distance, or indigence.
This document appears to be notes from a sermon series on the themes of compassion, armor, and victory. Specific Bible passages are referenced from Isaiah, John, 1 Peter, and Mark that discuss themes of justice, righteousness, salvation, redemption, compassion, rebuking evil spirits, and lifting people up. The sermons seem focused on how Jesus demonstrated compassion through his actions and victory over evil and sin.
Get started using Osseo Apps (powered by Google), learn about the value and how you can integrate this expansive tool into your teaching. This session will be the first of five different Osseo Apps sessions throughout the summer academy. We will look specifically how the tools in Osseo Apps can support writing and collaboration.
Dr. William Allan Kritsonis, School Law, Use of School Facilities, Religous Rights of Teachers, Religous Freedom of Expression, Religous Rights in Schooling, Due Process, Freedom of Expression, School Prayers, Termination, Due Process
Frantz dana pomykal_is_there_room_in_math_reform_for_preservice_teachers_to_u...William Kritsonis
This document proposes a research study to examine the impact of teaching reading strategies to preservice math teachers. The study would provide instruction on math-specific reading strategies in a content area reading class. Surveys would assess students' reading knowledge and attitudes before and after the class. Students would then apply strategies during field placements, recording lessons using iPods for self-evaluation and peer review. The study aims to determine if strategy instruction affects the types of reading strategies used and awareness of teaching reading in math. If successful, it could help address the need for better linking research to classroom practice in teaching both math content and processes.
Regular Student Expulsion and Suspension PPT. - William Allan Kritsonis, PhDWilliam Kritsonis
Regular Student Expulsion and Suspension PPT. - William Allan Kritsonis, PhD
In 2008, Dr. Kritsonis was inducted into the William H. Parker Leadership Academy Hall of Honor, Graduate School, Prairie View A&M University – The Texas A&M University System. He was nominated by doctoral and master’s degree students.
Student Attendance PPT. - William Allan Kritsonis, PhD William Kritsonis
The document discusses several laws and court cases related to student attendance and the instructional program. It summarizes key provisions of the Brown v. Board of Education Supreme Court decision that declared racial segregation in public schools unconstitutional. It also outlines Texas statutes regarding compulsory attendance, residency and guardianship requirements, kindergarten requirements, penalties for failure to send children to school, and laws aimed at ensuring a safe school environment.
Chapter 1 Overview - School Law - Dr. William Allan KritsonisWilliam Kritsonis
Dr. William Allan Kritsonis, School Law Power Point Presentation, Educational Laws & Policies, Due Process, Employment Law, Personnel Law, Equal Rights, Discrimination, Diversity, Teacher Rights, Termination of Employment
The Constitution of India provides in article 14 – right to equality – “The State shall not deny to any person equality before law or the equal protection of the laws within the territory of India”. The constitution further ensures in article 15 that there will be prohibition of discrimination. In article 16, it states that there will be equality of opportunity in matters of public employment.
HAQ: Center for Child Rights
B1/2, Ground Floor,
Malviya Nagar
New Delhi - 110017
Tel: +91-26677412,26673599
Fax: +91-26674688
Website: www.haqcrc.org
FaceBook Page: https://www.facebook.com/HaqCentreForChildRights
This document summarizes major historical changes that have impacted special education. It outlines key US laws including the Rehabilitation Act of 1973, Education for All Handicapped Children Act of 1975, amendments in 1986 extending rights to preschoolers, Individuals with Disabilities Education Act of 1990, No Child Left Behind Act of 2001, amendments to IDEA in 1997 and 2004, and the Individuals with Disabilities Education Improvement Act of 2004. Each law expanded rights and protections for students with disabilities and their parents, increased access to accommodations and resources, and changed how special education is implemented.
Legislative Brief The Right To Education Bill 2008Alok Mittal
The Right of Children to Free and Compulsory Education Bill, 2008 seeks to give effect to the constitutional amendment requiring free and compulsory elementary education for children aged 6 to 14 years. Key provisions include:
1) All children in this age group have the right to free and compulsory education in a neighborhood school. Schools cannot hold children back or charge fees until elementary education is complete.
2) The central and state governments, along with local authorities, share responsibility for providing infrastructure and teaching facilities to ensure this right. Schools must meet norms for pupil-teacher ratios, infrastructure, and teacher qualifications.
3) The Bill specifies roles for government authorities but does not establish penalties for failing to provide education. It
Learner Rights and Teacher Responsibilities 8-5-2019_update2justcorey2015
In this Presentation, we will discuss the following:
1. Introduction of special education
2. Three relevant laws and policies at the state and federal level
3. Expectations of the profession
4. Codes of ethics
5. Professional standards of practice, including:
6. Practices for advocating to meet the needs of all learners
7. Practices to promote learners meeting their full potential
8. Practices to demonstrate respect for learners as individuals with differing personal and family backgrounds and various skills, abilities, and interests
9. Practices to demonstrate collaboration with learners, families, and colleagues
Special Education PPT. - William Allan Kritsonis, PhDWilliam Kritsonis
Special education laws aim to guarantee students with disabilities a free and appropriate public education (FAPE). Key laws include the Individuals with Disabilities Education Act (IDEA), which was passed in 1975 as the Education for All Handicapped Children Act, and Section 504 of the Rehabilitation Act of 1973, which prohibits disability discrimination. The IDEA establishes requirements for identifying students who need special education (Child Find), evaluating them, determining eligibility, developing individualized education programs (IEPs), placing students in the least restrictive environment, and involving parents in the process. Section 504 has a broader definition of disability and ensures accommodations for eligible students. Both laws aim to balance student rights with school safety in disciplinary policies.
The No Child Left Behind Act of 2001 (NCLB) is a reauthorization of the Elementary and Secondary Education Act that expanded the federal government's role in public K-12 education. Key provisions include annual testing of students, measuring Adequate Yearly Progress, and instituting accountability measures for underperforming schools including tutoring and restructuring. The goal is to have all students proficient in reading and math by 2014 through setting high standards and measurable goals to improve individual student outcomes.
This document analyzes the performance of India's Sarva Shiksha Abhiyan (SSA) program in ensuring social and academic inclusion of children with special needs, particularly those with learning disabilities, in general schools. It reviews literature on inclusive education and discusses key concepts. It then evaluates SSA based on access to education and participation, examining enrollment rates, retention, barrier-free access, teacher training, and academic outcomes. The paper finds that while SSA aims for universal enrollment and inclusion, it has failed to fully achieve these goals for disabled children, especially those with learning disabilities. It concludes with recommendations to improve coverage and meaningful inclusion.
Right to education Act 2009 ppt prepared by Rajashree J Jawalesundarsasane
This document provides a critical analysis of the right to education in India. It discusses how education is a fundamental right that flows from the right to life. International standards and the Indian constitution recognize education as a basic human right. Important judicial decisions have helped shape education policy in India. The Right of Children to Free and Compulsory Education Act of 2009 aims to ensure all children ages 6-14 receive free and compulsory education. However, some questions remain around implementation and whether the law achieves this goal in practice. Further reforms may be needed to fully realize the right to education for all Indian children.
The document discusses the history of inclusive education in the United States, beginning with the passage of key legislation such as the Education for All Handicapped Children Act (EAHCA) of 1975, which established the rights of students with disabilities to a free public education. It was later renamed the Individuals with Disabilities Education Act (IDEA) and strengthened through subsequent reauthorizations. The No Child Left Behind Act of 2001 and IDEA of 2004 emphasized accountability and access to the general education curriculum for students with disabilities. Currently, about 75% of students with disabilities spend part or all of their day in general education classrooms. The document provides an overview of inclusive practices and strategies used to support students with mild to moderate disabilities and
The document discusses the Alternative Learning System (ALS) in the Philippines. It provides background on ALS and describes some key aspects:
- ALS classes are conducted in community learning centers to provide education to out-of-school youth and adults. Learners are assessed and placed in literacy or elementary/high school programs.
- ALS teachers conduct classes in difficult to access areas, sometimes improvising class locations. They teach a diverse group of learners ranging from young children to the elderly.
- While the goal is to help learners pass the Accreditation and Equivalency exam to obtain a diploma, success rates remain low due in part to limited funding and challenges assessing skills through standardized
The document discusses key legislation in special education including the Education for All Handicapped Children Act, Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act. It also covers components of IDEA such as IEPs, FAPE, LRE, and procedural safeguards. Additionally, the document outlines critical education acts like NCLB and their impact on accountability, inclusion, differentiated instruction, and evidence-based practices for students with disabilities.
This document provides an overview of special education, including definitions, classifications of exceptionalities, and terminology. Special education is defined as individually planned instruction that helps exceptional children achieve independence and success. It differs from regular education in its specialized curriculum tailored to students' individual needs. Students may be classified into categories such as autism, intellectual disability, or specific learning disabilities. Key terms discussed include disability, handicap, developmental delay, and children who are at risk for delays. The document also outlines the history and goals of special education intervention.
The document summarizes key changes to the Individuals with Disabilities Education Improvement Act (IDEIA) including:
1) Requiring special education teachers teaching core academic subjects to meet "highly qualified" standards and defining those standards.
2) Adding requirements for transition planning and services beginning at age 16.
3) Eliminating benchmarks/short term objectives from IEPs except for students taking alternate assessments.
4) Requiring present levels of academic and functional performance and measurable annual goals in IEPs.
The documents outline the history and policies regarding compulsory education in the Philippines. Key points include:
- The 1935 Constitution first mandated compulsory education. Subsequent constitutions, laws, and decrees strengthened and expanded this mandate.
- Current law defines compulsory education as elementary through secondary levels. Students have a right and responsibility to receive free, quality public education.
- Parents have a legal duty to enroll their children in school or an approved alternative and ensure they complete compulsory education. Exceptions are allowed for health, distance, or indigence.
This document appears to be notes from a sermon series on the themes of compassion, armor, and victory. Specific Bible passages are referenced from Isaiah, John, 1 Peter, and Mark that discuss themes of justice, righteousness, salvation, redemption, compassion, rebuking evil spirits, and lifting people up. The sermons seem focused on how Jesus demonstrated compassion through his actions and victory over evil and sin.
Get started using Osseo Apps (powered by Google), learn about the value and how you can integrate this expansive tool into your teaching. This session will be the first of five different Osseo Apps sessions throughout the summer academy. We will look specifically how the tools in Osseo Apps can support writing and collaboration.
Dr. William Allan Kritsonis, School Law, Use of School Facilities, Religous Rights of Teachers, Religous Freedom of Expression, Religous Rights in Schooling, Due Process, Freedom of Expression, School Prayers, Termination, Due Process
Frantz dana pomykal_is_there_room_in_math_reform_for_preservice_teachers_to_u...William Kritsonis
This document proposes a research study to examine the impact of teaching reading strategies to preservice math teachers. The study would provide instruction on math-specific reading strategies in a content area reading class. Surveys would assess students' reading knowledge and attitudes before and after the class. Students would then apply strategies during field placements, recording lessons using iPods for self-evaluation and peer review. The study aims to determine if strategy instruction affects the types of reading strategies used and awareness of teaching reading in math. If successful, it could help address the need for better linking research to classroom practice in teaching both math content and processes.
Regular Student Expulsion and Suspension PPT. - William Allan Kritsonis, PhDWilliam Kritsonis
Regular Student Expulsion and Suspension PPT. - William Allan Kritsonis, PhD
In 2008, Dr. Kritsonis was inducted into the William H. Parker Leadership Academy Hall of Honor, Graduate School, Prairie View A&M University – The Texas A&M University System. He was nominated by doctoral and master’s degree students.
Student Attendance PPT. - William Allan Kritsonis, PhD William Kritsonis
The document discusses several laws and court cases related to student attendance and the instructional program. It summarizes key provisions of the Brown v. Board of Education Supreme Court decision that declared racial segregation in public schools unconstitutional. It also outlines Texas statutes regarding compulsory attendance, residency and guardianship requirements, kindergarten requirements, penalties for failure to send children to school, and laws aimed at ensuring a safe school environment.
Chapter 1 Overview - School Law - Dr. William Allan KritsonisWilliam Kritsonis
Dr. William Allan Kritsonis, School Law Power Point Presentation, Educational Laws & Policies, Due Process, Employment Law, Personnel Law, Equal Rights, Discrimination, Diversity, Teacher Rights, Termination of Employment
This document summarizes fundraising efforts by various schools in support of relief efforts in Haiti following the 2010 earthquake. It details that CAFOD supporters donated over £4.75 million. It also provides examples of specific fundraising activities carried out by different schools, including one that raised £4,245.76 by sending messages of support, another that raised £2,000 through classroom activities and photo sales, and one where students held a hat day and raised £716.48.
Undergraduate and graduate counseling students listened to two audio recordings and then wrote explanations of what was said. Their explanations were rated for complexity or simplicity. All undergraduate explanations were rated as simple, while all graduate student explanations were rated as complex, showing a significant difference. However, three graduate students made an error in clinical thinking by claiming a minister's statement that God spoke to him indicated schizophrenia. This highlights the need for clinical training to address such issues.
This document summarizes major artistic developments and movements from the mid-20th century onwards. It discusses Neo-Dadaism, Minimalism, Pop Art, Photo-Realism, Superrealism, and Neo-Expressionism. Key artists mentioned include Robert Rauschenberg, Jasper Johns, Claes Oldenburg, Andy Warhol, Richard Estes, Chuck Close, Duane Hanson, and George Segal. It also provides background historical context and describes the mediums and methods used by these influential artists.
The document discusses various features of Google Docs including commenting on documents, organizing documents using folders, uploading existing documents, finding templates, and using Google Apps on mobile devices. It provides instructions on how to export documents, publish webpages, check document history, compare revisions, insert tables of contents, share folders, upload files, submit templates, and send forms to mobile devices for completion.
Geothermal power generates electricity from steam produced underground. In New Zealand, nine geothermal power stations are located mostly in the Taupo area, with more planned in Waikato and Bay of Plenty. Hot steam turns turbines that spin to generate electricity, which then travels through power lines. This electricity could power school heaters since geothermal energy produces electricity that then runs through power lines into plugs and heaters.
The document describes a student's recollections and experiences from various school events and activities over multiple years, including dressing up as Willy Wonka for World Book Day, making a cookie snake for Chinese New Year, playing a shepherd in a Christmas play, enjoying cycling to school, finding the school holidays fun, watching Brazil in the 2012 Olympics, and liking a visit from author Julia Donaldson.
Students at several schools across the UK organized fundraising activities to raise awareness and money to support global justice issues and aid agencies like CAFOD, with events including writing letters to politicians, concerts, football matches, and art displays, raising over £5,000 total. Youth groups also participated in special event days focused on issues like ending Gaza's blockade and global poverty.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise boosts blood flow, releases endorphins, and promotes changes in the brain which help enhance one's emotional well-being and mental clarity.
Chapter one powerpoint instructional strategies[1]Shirley Johnson
This document provides an overview of key concepts in special education, including inclusion, critical special education legislation, standards-based education, multi-tiered systems of support, universal design for learning, differentiated instruction, evidence-based practices, and considerations for student diversity. It discusses laws such as IDEA, ADA, and NCLB and how they have shaped special education. Critical components of inclusion and special education programming like IEPs, least restrictive environments, and accommodations are also summarized.
Chapter one powerpoint instructional strategiesbertschcarrie
This document provides an overview of key concepts in special education, including inclusion, critical special education legislation, standards-based education, multi-tiered systems of support, universal design for learning, differentiated instruction, evidence-based practices, and considerations for student diversity. It discusses laws such as IDEA, ADA, and NCLB and how they have shaped special education. Approaches like inclusion, RTI, UDL, and differentiated instruction aim to meet the needs of all learners in inclusive classroom settings.
This document provides a summary of 8 major events in the history of special education in the United States:
1) Brown v. Board of Education in 1954 ruled that segregation of public schools was unconstitutional.
2) Mills v. Board of Education and Pennsylvania Assoc. for Retarded Children established that all children have a right to public education.
3) The Rehabilitation Act of 1973 prohibited disability discrimination in federal programs and employment.
4) Public Law 94-142, passed in 1975, guaranteed free appropriate public education to all children with disabilities.
5) The Americans with Disabilities Act of 1990 prohibited discrimination against people with disabilities.
6) Final federal regulations were issued governing special education.
This document discusses the education system for students with disabilities in the United States. It traces the evolution of special education from its origins in the civil rights movement to current federal legislation guaranteeing students with disabilities the right to a free public education. While the system has given many more students access to education, gaps in achievement between students with and without disabilities remain. The document argues that improving the system requires better understanding how services relate to student outcomes.
This document summarizes key points of special education legislation and practices. It discusses laws such as the Education for All Handicapped Children Act, the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act that require schools to provide students with disabilities a free and appropriate public education. It also discusses frameworks like No Child Left Behind, standard-based education, inclusion, response to intervention, differentiated instruction, and evidence-based practices that are important in today's special education classrooms. The purpose is to review the critical legislation and key elements that shape special education services.
Students who Receive Special Education Services in SchoolsJust a.docxflorriezhamphrey3065
Students who Receive Special Education Services in Schools
Just as the language used to describe people with disabilities has changed over the years, so have the key principles that guide the education of students with disabilities. In today's classroom, key ideas include a free appropriate public education (FAPE), an Individualized Education Program (IEP), and the least restrictive environment (LRE). These principles are introduced here, and you will learn about their evolution as you continue through Chapter 1.
Federal law requires schools to provide a free appropriate public education (FAPE) for all students with disabilities aged 3 through 21. The definition of FAPE is unique for each student and includes educational services that are in compliance with state instructional standards and the student's Individualized Education Program (IEP) (Conroy, Yell, Katsiyannis, & Collins, 2010).
An IEP describes the special education placement of a student and the services the student receives. An IEP team, comprised of the student's general education teacher, parents or guardians, a special education teacher, and other essential school staff, collaborates on the IEP. Students with disabilities are guaranteed public funding to complete their public school education. Determining what an "appropriate" education is for each child, though, has a controversial history and is subjective for each child.
Part of FAPE for students with disabilities involves determining where students will receive instruction in the school environment. To provide the most appropriate education, schools often seek to instruct students with disabilities in the general education setting whenever possible. However, not all students will benefit from full inclusion in the general education classroom because the nature of their disability may prevent them from being successful (Rozalski, Stewart, & Miller, 2010).
The setting in which students receive instruction is determined by the IEP team and is known as the least restrictive environment (LRE). The LRE can range from the student's spending 100% of the school day in a special education class to receiving all of his or her instruction in the general education classroom (McLeskey, Landers, Hoppey, & Williamson, 2011). Depending on the setting, students with disabilities may be taught primarily by a special education teacher or by both a general and special educator in the general education classroom. Students who receive the majority of their instruction in a special education classroom may be integrated into the general population through nonacademic electives or school meals.
Public Law 94-142
In 1975, the U.S. Congress passed the Education of All Handicapped Children Act (EAHCA or EHA). This federal law, often referred to as PL 94-142, was the first to mandate that schools provide education to students with disabilities. The law provided billions of dollars to schools to provide special education services.
Several important c.
This presentation addresses the following in the field of Special Education:
1. The connection between theory and decision making
2. The impact of legislation on special educators and their practices
3. How this legislation positively or negatively impacts families of students with exceptional learning needs
4. Common terminology and acronyms used in special education
SPE/513 Learning Team C IDEA (2004) PresentationKaitlin Smoot
This presentation covers:
-The connection between theory and decision making
-The impact of legislation on special educators and their practices
-How this legislation positively or negatively impacts families of students with exceptional learning needs
-Common terminology and acronyms used in special education
This chapter discusses key legislation related to special education including PL 94-142 (now IDEA), Section 504, ADA, and NCLB. It outlines how these laws have increased access and protections for students with disabilities. The chapter also discusses important concepts in special education today such as inclusion, response to intervention, universal design for learning, differentiated instruction, and considering student diversity. Student accountability through standardized testing is also emphasized under NCLB and standard-based education.
This document provides an overview of key terms and legislative initiatives related to special education. It summarizes the Individuals with Disabilities Education Act (IDEA) which requires free and appropriate public education for all students with disabilities. It also discusses key components of IDEAs such as individualized education programs (IEPs), least restrictive environments, procedural safeguards, and parental participation. Additionally, it reviews terms such as inclusion, differentiated instruction, universal design for learning, and evidence-based practices that are important for educating students with special needs.
This document provides an overview of key terms and legislative initiatives related to special education. It discusses laws such as the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act, which require schools to provide students with disabilities a free and appropriate public education. The document also summarizes components of IDEA such as individualized education programs (IEPs) and least restrictive environments, as well as terms like inclusion, differentiated instruction, and universal design for learning.
This document discusses the history and progression of special education laws and inclusion in the United States from the 1950s to present day. It outlines several important federal laws that were passed to promote the education of students with disabilities, including the Education for All Handicapped Children Act of 1975. It also describes how inclusion models have developed over time, with over 90% of students with disabilities now receiving education in typical schools by the 1999-2000 school year. However, full inclusion has yet to be achieved nationwide as many students with disabilities are still served in separate special education classrooms.
Group of 10,000 Issues Statement on Proposed MARSE changes to Michigan Specia...Laura Jones
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The No Child Left Behind Act of 2001 (NCLB) is a reauthorization of the Elementary and Secondary Education Act that aims to improve student outcomes through annual testing, accountability measures, and expanded federal involvement in K-12 education. Key provisions include annual standardized testing in grades 3-8 and once in high school, measuring Adequate Yearly Progress, and interventions for underperforming schools that could include tutoring, staff replacements, or restructuring. The goal is to have all students proficient in reading and math by 2014.
The document discusses special education and categories of children with special needs. It defines special education as individually planned, systematically implemented, and carefully evaluated instruction to help exceptional children achieve personal self-sufficiency and success. It identifies categories of exceptionalities including mental retardation, giftedness, learning disabilities, emotional/behavioral disorders, and physical impairments. The document also discusses labeling of children with disabilities and considers both benefits and disadvantages of labeling.
This document provides an introduction to special education, including the philosophy, history, laws, and principles of special education. It discusses key laws like the Education for All Handicapped Children Act, the Individuals with Disabilities Education Act, and the No Child Left Behind Act. It also outlines the seven major principles under IDEA, including informed consent, zero reject, free appropriate public education, nondiscriminatory evaluation, least restrictive environment, individualized education programs, and due process safeguards. Finally, it lists and describes the 13 recognized disabilities under IDEA.
The chapter discusses key legislative acts and initiatives related to special education including the Individuals with Disabilities Education Act, Section 504, and the Americans with Disabilities Act. It also discusses the No Child Left Behind Act and its focus on standardized testing and accountability. The chapter overview introduces concepts like inclusion, response to intervention, universal design for learning, differentiated instruction, evidence-based practice, and considering student diversity. The key elements section delves deeper into standard-based education, curriculum, instruction, assessment, and creating an accommodating learning environment.
This document summarizes key legislation and elements related to special education. It outlines laws such as IDEA, ADA, NCLB, and Section 504 that promote inclusion and protect the rights of students with disabilities. It also describes core concepts in special education including standards-based education, accountability, evidence-based practice, response to intervention (RTI), universal design for learning (UDL), and differentiated instruction.
This document summarizes key legislation and elements related to special education. It outlines laws such as IDEA, ADA, NCLB, and Section 504 that promote inclusion and protect the rights of students with disabilities. It also describes core concepts in special education including standards-based education, evidence-based practice, response to intervention (RTI), universal design for learning (UDL), and differentiated instruction.
Understand the history of IDEA and the reasons f.docxmarilucorr
Understand the history of IDEA and the reasons for the federal government’s call for national intervention into special educationIdentify and describe the six principles of IDEA.
Review objectives with participants
Understand the effects of personal cultural biases.Discuss confidentiality, privacy and current issues.Identify resources for teachers, parents and students.
Review objectives with participants
So who exactly is served in special education?
Exceptional Children
Physical or learning abilities of these children are either above or below the norm and require a specialized program to meet their needsDisability/Impairment
Reduced function or loss of a particular body part or organ
A child with a physical disability is not handicapped unless it impairs educational, personal, social, vocational issues
Handicap
A problem a person with a disability or impairment encounters interacting with the environmentAt-Risk
A child that is not currently identified as having a disability, are considered to have a greater than usual chance of developing a disability.
Also, refers to students who are experiencing learning problems in the regular classroom
People First Language simply means that we should ALWAYS put the person first in our descriptions.IDEA supports People First Language. The term handicapped is replaced with disability.Examples:
Children with disabilities
Students in special education
Students with learning differences, and
Students with autism.
This is an important concept because there is an expectation that we do not categorize students by their disability.
MustUseStudentInstead ofCategory
A child evaluated as having. . .
A specific learning disability (LD)
An emotional disturbance (ED)
Intellectual Disability(ID)
A speech or language impairment (SI)
A visual impairment including blindness (VI)
A hearing impairment including deafness (AI)
An orthopedic impairment (OI)
These are the official labeling categories used for a student with a disability and included next to the category is the acronym used for each of the disability categories.
traumatic brain injury (TBI)
Autism (AI)
other health impairment (OHI)
multiple disability (MI)
deaf-blindness (DB)
non-categorical early childhood (NCEC)
may used for children ages 3 through 5
These are the official labeling categories used for a student with a disability and included next to the category is the acronym used for each of the disability categories. In Texas Students are labeled by the time they have completed their fifth year; however in other states in the country they are labeled developmentally delayed but not given a specific disability category until nine years of age.
NCEC: suspected of meeting eligibility criteria for:
autism
emotional disturbance
learning disability
Intellectual Disability
Use of the NCEC code is a local district decision
NCEC students must be suspected of meeting the following criteria in order to be considered ...
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Lunenburg, fred c[1]. special education services nfsej v21 n1 2010
1. NATIONAL FORUM OF SPECIAL EDUCATION JOURNAL
VOLUME 21, NUMBER 1, 2010
Special Education Services
Fred C. Lunenburg
Sam Houston State University
___________________________________________________________
ABSTRACT
In this article, I discuss the most recent and major statutory provisions of the
Individuals with Disabilities Education Act (IDEA), including: free appropriate
public education, individualized education programs, attention deficit hyperactivity
disorder, least-restrictive environment, placement in private schools, related
services, due process protections, discipline, compensatory education, attorney’s fees
and liability for reimbursement to parents, and the IDEA and Aids.
___________________________________________________________
Introduction
Increased school enrollments over the last 50 years have resulted in an increased
diversity of the school population. Whereas exceptional children with learning
disabilities, social and emotional maladjustments, and physical disabilities formerly
dropped out of school at an early age, they now remain in school until the compulsory
age or beyond.
The issue of the exceptional child is not new. Special education services, to
accommodate these children, have rapidly expanded its part in education since World
War II (Norwich, 2011). Among the forces responsible for this recent expansion are
advances in the fields of psychology, sociology, and rehabilitation; growth of the
humanitarian movement; new knowledge of medical diagnosis and treatment; educational
methodologies for the exceptional child; and new federal and state laws (Friend, 2011;
Haines, 2011; Obiakor, 2011; Webber, 2011).
Exceptional children are unlikely to achieve their full human potential without a
special education program designed to capitalize on their abilities or help them overcome
their disabilities. Special education is specially designed instruction intended to meet the
unique needs of students with disabilities. Special teaching procedures, materials,
equipment, and facilities may be required (Kaufman & Wandberg, 2010). To this end,
Congress passed four landmark pieces of legislation: Section 504 of the Rehabilitation
Act of 1973, the Education for All Handicapped Act of 1975 (EAHCA), the Americans
with Disabilities Act of 1990 (ADA), and the Individuals with Disabilities Education Act
(IDEA). Of these four laws, the EAHCA and later IDEA have had the most significant
impact on public schools.
1
2. NATIONAL FORUM OF SPECIAL EDUCATION JOURNAL
2____________________________________________________________________________________
Education for All Handicapped Children Act (EAHCA)
The original Education for All Handicapped Children Act (EAHCA), signed on
November 29, 1975, by President Gerald R. Ford, was amended in 1978, 1983, and 1986.
The EAHCA (Public Law 94-142) ensured the right of all children with disabilities to a
public school education.
The need for this law was expressed by Congress:
1. There are more than eight million handicapped children in the United States today.
2. The special educational needs of such children are not being met.
3. More than half of the handicapped children in the United States do not receive
appropriate educational services which would enable them to have full equality of
opportunity.
4. One million of the handicapped children in the United States are excluded entirely
from the public school system and will not go through the educational process
with their peers.
5. There are many handicapped children throughout the United States participating in
regular school programs whose handicaps prevent them from having a successful
educational experience because their handicaps are undetected. [Education for All
Handicapped Children Act, 20 U.S.C.A. § 1400(b)]
To ensure children with disabilities basic educational rights, Public Law 94-142
incorporated six tenets : (1) a free appropriate public education, (2) an individualized
education program, (3) special education services, (4) related services, (5) due process
procedures, and (6) the least restrictive environment in which to learn (Education for All
Handicapped Children Act, 20 U.S.C.A. § 1401).
Individuals with Disabilities Education Act (IDEA)
In 1990, the statute was renamed the Individuals with Disabilities Education Act
(IDEA) (20 U.S.C. §§ 1400-1485). Congress reauthorized and amended the IDEA in
1997 and 2004. The purposes of the IDEA are: (1) to assure that all children with
disabilities are provided with a “free appropriate public education” that includes special
education and related services tailored to their special needs, (2) to prepare them for
employment and independent living, (3) to assure that the rights of children with
disabilities are protected, and (4) to assist states in providing appropriate special
education and related services (20 U.S.C. § 1401).
The amendments to IDEA in 2004 rendered another name change, with the
optional addition of “Improvement” added making it IDEIA, which was signed into law
by President George W. Bush on December 3, 2004 (Public Law 108-446, 118 Stat.
2647, 20 U.S.C.A. § 1400-1482). Overall, the new statute refines the 1997 version, but
leaves the body of law in place. The new law coordinates more closely with No Child
Left Behind (NCLB).
3. FRED C. LUNENBURG
____________________________________________________________________________________3
In coordinating the IDEIA with NCLB, the new act seeks to encompass and
define the requirement for a “highly qualified teacher.” The basic requirement under the
new Act is that a highly qualified public elementary and secondary special education
teacher must hold a full state certification or has passed a special education licensing
exam, holds a license, has at least a bachelor’s degree, and has not had any licensure
requirements waived [20 U.S.C.A. § 7801(11)]. (See Table 1.)
Table 1
Summary of Requirements to be a Highly Qualified Special Education Teacher
Category of Special Education Teachers Requirements Under P.L. 108-446 (IDEA)
All special education teachers General Requirements
• Hold at least a bachelor’s degree
• Must obtain full state special education
certification or equivalent license
• Cannot hold an emergency or temporary
certificate
New or veteran elementary school teachers In addition to General Requirements above, may
teaching one or more core academic subjects only demonstrate academic subject competence
to children with disabilities held to alternative through “a high objective uniform State standard
academic standards (most severely cognitively of evaluation” (HOUSSE) process
disabled)
New or veteran middle or high school teachers In addition to the General Requirements above,
teaching one or more core academic subjects only may demonstrate “subject matter knowledge
to children with disabilities held to alternative appropriate to the level of instruction being
academic standards (most severely cognitively provided, as determined by the State, needed to
disabled) effectively teach those standards”
New teachers of two or more academic subjects In addition to the General Requirements above,
who are highly qualified in either mathematics, has two-year window in which to become highly
language arts, or science qualifies in the other core academic subjects and
may do this through the HOUSSE process
Veteran teachers who teach two or more academic In addition to the General Requirements above,
subjects only to children with disabilities may demonstrate academic subject competence
through the HOUSSE process (including a single
evaluation for all core academic subjects)
Consultative teachers and other special education Must only meet the General Requirement above
teacher who so not teach core academic subjects
Other special education teachers teaching core In addition to the General Requirements above,
academic subjects meet relevant NCLB requirements for new
elementary school teachers, new middle/ high
school teachers, or veteran teachers
4. NATIONAL FORUM OF SPECIAL EDUCATION JOURNAL
4____________________________________________________________________________________
A second essential aspect of alignment with NCLB is a requirement for
accountability and assessment. Under the new law, special education students must be
tested to determine adequate yearly (AYP), as are general education students. Provision is
made for alternate assessments, which would address the child’s disability. Regulations
would permit proficiency to be determined through alternate assessment methods
allowing greater flexibility in documenting progress toward grade-level achievement.
Interpretation of IDEA
The IDEA legislation can be grouped into the following major statutory
provisions (Alexander & Alexander, 2009; Imber & Van Geel, 2010):
• Free appropriate public education
• Individualized education programs
• Attention deficit hyperactivity disorder
• Least-restrictive environment
• Placement in private schools
• Related services
• Due process protections
• Discipline
• Compensatory education
• Attorney’s fees and liability for reimbursement to parents
• IDEA and AIDS
Each one will be discussed briefly in turn.
Free Appropriate Public Education
To qualify for federal funds under IDEA, each state must adopt a policy “that
assures all handicapped children the right to a free appropriate public education (FAPE).”
IDEA defines a FAPE as special education and related services that (a) have been
provided at public expense, under public supervision and without charge, (b) meet the
standards of the state education agency, (c) include an appropriate preschool, elementary,
or secondary education in the state involved, and (d) are provided in conformity with the
individualized education (IEP) required under Section 1414 (a) (5) of this title [20 U.S.C.
§ 1401 (18)]. A free appropriate public education must be specifically designed to meet
the unique needs of the child.
Individualized Education Programs
The individualized education program (IEP) is the centerpiece of the statute’s
education delivery system for disabled children:
5. FRED C. LUNENBURG
____________________________________________________________________________________5
The term “individualized education program” means 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 … (20 U.S.C.A. § 1400)
The requirements for the child’s IEP statement include the following:
1. The child’s present level of performance must be stated, requiring the school
district to specifically indicate “how the child’s disability affects the child’s
involvement and progress in the general curriculum.”
2. The annual goals must be “measurable,” and the child must “progress in the
general curriculum.”
3. Program modifications must be provided that will enable the child to “advance
appropriately” toward attaining annual goals.
4. Provision must be made for the child to participate in state or school district
student achievement assessments.
5. Evaluation procedures must relate to IEP objectives and measure the child’s
progress toward annual goals.
6. Parents must receive periodic report cards indicating the child’s progress and the
extent to which the progress is sufficient to achieve annual goals. [20 U.S.C. §
1414(d) (1) (A)]
Attention Deficit Hyperactivity Disorder
A disability not specifically listed under the IDEA is Attention Deficit
Hyperactivity Disorder (ADHD). It is most commonly defined by the criteria of
inattention, hyperactivity, and marked impulsiveness (Graham, 2011). Focus cannot be
kept on any one topic long enough for a detailed assessment.
Although not specified, ADHD children may be covered under
the IDEA, Section 504 of the Rehabilitation Act of 1973, and the Americans with
Disabilities Act of 1990 (ADA). An ADHD child may be eligible for IDEA services
under one of three categories: (1) other health impaired, (2) specific learning disability,
and (3) seriously emotionally disturbed [C.F.R. § 300.7(a) (1)].
Least-Restrictive Environment
The IDEA advances the general philosophy that children with disabilities should
be educated with typically developing children in the normal educational setting
whenever possible. What precisely the “least-restrictive environment” requirement means
operationally has been fertile ground for speculation. Terms commonly used to define
least-restrictive environment are “inclusion,” “full inclusion,” and “integrated services.”
Neither of these terms is found in Public Law 94-142 (EAHCA, 1975), Public
Law 101-476 (IDEA, 1990), or their implementing regulations. The inclusion movement
came out of the U.S. Department of Education in the early 1980’s under the “regular
6. NATIONAL FORUM OF SPECIAL EDUCATION JOURNAL
6____________________________________________________________________________________
education initiative.” Other terms include “least-restrictive environment” and
“mainstreaming.” Integrating children with disabilities in regular classrooms is
commonly known as “mainstreaming” or “inclusion” (Gore, 2010; Karten, 2010).
Placement in Private Schools
The IDEA 2004 amendments stipulate congressional intent to fund special
education programs in private schools. The public school district must provide services
for children with disabilities who are currently attending private schools and allocate a
pro-rata share of federal money for such services [20 U.S.C.A. § 1412 (a)(10)(i)(I)]. The
state must ensure the following:
That, to the extent consistent with the number and location of children with
disabilities in the state who are enrolled in private elementary and secondary
schools, provision is made for participation of such children in the program
assisted or carried out under this subchapter by providing for such children special
education and related services. [20 U.S.C. § 1413(a)(4)]
These services are provided and paid for from federal funds whether or not the
actual educational process takes place in private, religious, or public school facilities. The
constitutional justification for public funding of special education services is found in
Zobrest v. Catalina Foothills School District, 509 U.S. 1, 113 (1993), in which case the
U.S. Supreme Court held that providing public funding for a sign-language interpreter for
a student attending a Catholic high school did not violate the Establishment Clause of the
First Amendment.
Related Services
Under Public Law 94-142, related services that enable special-needs children to
benefit from special education must be made available without cost to the parents. The
IDEA defines “related services”:
The term “related services: means transportation, and such developmental,
corrective, and other supportive services (including speech-language pathology
and audiology services, psychological services, physical and occupational
therapy, recreation, including therapeutic recreation, social work services,
counseling services, including rehabilitation counseling, orientation and mobility
services, and medical services, except that such medical services shall be for
diagnostic and evaluation purpose only) as may be required to assist a child with a
disability to benefit from special education, and includes the early identification
and assessment of disabling conditions in children. [20 U.S.C. § 1401(17)]
This list of related services is illustrative not exhaustive.
7. FRED C. LUNENBURG
____________________________________________________________________________________7
Due Process Protections
The IDEA provides significant due process protections. The procedural
safeguards in IDEA include the following:
(1) an opportunity for the parents of a child with a disability to examine all
records relating to such child and to participate in meetings with respect to the
identification, evaluation, and educational placement of the child, and the
provision of a free appropriate public education to such child, and to obtain an
independent educational evaluation of the child;
(2) procedures to protect the rights of the child whenever the parents of the child
are not known . . . ;
(3) written prior notice to the parents of the child whenever such agency—
A. proposes to initiate or change; or
B. refuses to initiate or change; the identification, evaluation, or educational
placement of the child . . . or the provision of a free appropriate public
education to the child.
(4) procedures designed to ensure that the notice required . . . is in the native
language of the parents, unless it clearly is not feasible to do so;
(5) an opportunity for mediation . . . ;
(6) an opportunity to present complaints with respect to any matter relating to the
identification, evaluation, or educational placement of the child, or the provision
of a free appropriate public education to such child (20 U.S.C. § 1415).The
written prior notice referred to in Section 1415 of the IDEA must include:
A. a description of the action proposed or refused by the agency;
B. an explanation of why the agency proposes or refused to take the action;
C. a description of any other options that the agency considered and the
reasons why those options were rejected;
D. a description of each evaluation procedure, test, record, or report the
agency used as a basis for the proposed or refused action;
E. a description of any other factors that are relevant to the agency’s proposal
or refusal;
F. a statement that the parents of a child with a disability have protection
under the procedural safeguards of this part and, if this is not an initial
referral for evaluation, the means by which a copy of a description of the
procedural safeguards can be obtained; and
G. sources for parents to contact to obtain assistance in understanding the
provisions of the part. (20 U.S.C. § 1415)
A document describing these procedural safeguards must be given to parents on
initial referral, on notification of an IEP meeting, and on registration of any complaint by
a parent. The IDEA requires that this document must contain a full explanation of the
rights of students with disabilities related to:
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(A) independent educational evaluation;
(B) prior written notice;
(C) parental consent;
(D) access to educational records;
(E) opportunity to present complaints;
(F) the child’s placement during the pendency of due process proceedings;
(G) procedures for students who are subject to placement in an interim alternative
educational setting;
(H) requirements for unilateral placement by parents of children in private schools
at public expense;
(I) mediation;
(J) due process hearings, including requirements for disclosure of consultation
results and recommendations;
(K) State-level appeals (if applicable in that State);
(L) civil actions; and
(M) attorneys’ fees. (20 U.S.C. § 1415)
One of the most significant procedural due process protections in the reauthorized
IDEA is the right to an impartial due process hearing. Under the IDEA, any party to a
hearing shall be given:
1. the right to be accompanied and advised by counsel and by individuals with
special knowledge or training with respect to the problem of children with
disabilities;
2. the right to present evidence and confront, cross-examine, and compel the
attendance of witnesses;
3. the right to a written, or, at the option of the parents, electronic verbatim
record of such hearing; and
4. the right to written, or, at the option of the parents, electronic findings of fact
and decisions. (20 U.S.C. § 1415)
Discipline
All students are guaranteed due process of law, including notice and hearing prior
to significant infringements of their property rights and liberty interests. However, special
concerns exist in disciplining children with disabilities. When school officials seek to
suspend or expel children with disabilities, the IDEA imposes significant legal
protections for these children, including a “stay-put” provision to protect them from
being removed from their current placements. The United States Supreme Court
addressed the issue of removing children with disabilities for disciplinary reasons and the
effect of the “stay-put provision in Honig v. Doe, 484 U.S. 305 (1988).
The Court held that the language of the stay-put provision states that during the
pendency of any proceedings initiated under IDEA, unless the state or local educational
agency and the parents or guardian of a disabled child agree, “the child shall remain in
the then current educational placement.” The Court did recognize a “dangerousness”
exception to the stay-out provision by stating “while the child’s placement may not be
9. FRED C. LUNENBURG
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changed during any complaint proceeding, this does not preclude the agency from using
its normal procedures for dealing with children who are endangering themselves and
others,” … including the use of study carrels, timeouts, detention, or restriction of
privileges. More drastic measures may be taken, where a student poses an immediate
threat to the safety of others. In such situations, school officials may temporarily suspend
the disabled student for up to 10 schooldays.
With recent concerns over school violence and drug use, the revised IDEA
provides school principals with additional authority to change the placement of special
education students who carry weapons; sell or use drugs, or are a danger to themselves or
others. The IDEA amendments state:
School personnel under this section may order a change in the placement of a
child with a disability—
(i) to an appropriate educational setting, another setting, or suspension, for not
more than 10 school days (to the extent such alternatives would be applied to
children without disabilities); and
(ii) to an appropriate interim alternative educational setting for the same amount
of time that a child without a disability would e subject to discipline, but for not
more than 45 days—
(iii) the child carries a weapon to school or to a school function . . .
(iv) the child knowingly possesses or uses illegal drugs or sells or solicits the sale
of a controlled substance while at school or a school function. [20 U.S.C. §
1415(k)]
If students with disabilities present a serious danger to themselves and others,
school authorities may request a disciplinary transfer of the student to an alternative
setting. The reauthorized IDEA provides that:
A hearing officer . . .may order a change in the placement of a child with a
disability to an appropriate interim alternative educational setting for not more
that 45 days if the hearing officer—
(a) determines that the public agency has demonstrated by substantial evidence
that maintaining the current placement of such child is substantially likely to
result in injury to the child or to others;
(b) considers the appropriateness of the child’s current placement;
(c) considers whether the public agency has made reasonable efforts to minimize
the risk of harm in the child’s current placement, including the use of
supplementary aids and services; and
(d) determines that the interim alternative education setting meets (other
requirements of the IDEA). [20 U.S.C. § 1415(k)]
School officials, however, must establish by “substantial” evidence that maintaining the
current placement of the student will likely result in injury.
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Compensatory Education
A free appropriate public education under the IDEA extends to age 21 and beyond
if a student with a disability has suffered from earlier deprivation of a free appropriate
public education.
Attorney’s Fees and Liability for Reimbursements to Parents
Attorney’s fees were permitted by a 1986 amendment to the Education for All
Handicapped Children Act of 1975. This amendment was considered necessary because
Congress observed that the burden of heavy attorney’s fees could conceivably make
parents reluctant to raise valid complaints challenging school district actions.
Furthermore, the Supreme Court in Florence County School District v. Carter, 510 U.S. 7
(1993)affirmed that local school districts may be liable for reimbursement to parents for
tuition associated with alternative placement in private schools.
IDEA and AIDS
Are children with AIDS covered by the IDEA? The IDEA defines “handicapped
children” as
mentally retarded, hard of hearing, deaf, speech or language impaired, visually
handicapped, seriously emotionally disturbed, orthopedically impaired, or other
health impaired children, or children with specific learning disabilities who by
reason thereof require special education and related services. [20 U.S.C.A. §
1401(a) (1)]
In the case of Aids students, the category that would most closely fit is “other
health impaired children.” This phrase is defined as
[l]imited strength, vitality or alertness due to chronic or acute health problems
such as heart condition, tuberculosis, rheumatic fever, nephritis, asthma, sickle-
cell anemia, hemophilia, epilepsy. Lead poisoning, leukemia, or diabetes, which
adversely affects a child’s educational performance. [34 C.F.R. § 300.5(b) (7)]
AIDS is not listed as an example of an acute or chronic health problem by the
IDEA. In October 1984, the Department of Education addressed the applicability of the
IDEA to AIDS victims. The Department stated that an AIDS child is not considered to be
“handicapped” as defined in IDEA unless the child needs special education. The policy
states:
Children with Aids could be eligible for special education programs under the
category of “other health-impaired,” if they have chronic or acute health problems
which adversely affect their educational performance (Doe v. Bellville Public
School District No. 118, 672 F. Supp. at 344-345). (S.D. Ill. 1987)
11. FRED C. LUNENBURG
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Conclusion
Special teaching practices, materials, equipment, and facilities may be required
for children with disabilities to achieve their full potential. To that end, Congress passed
four landmark pieces of legislation: Section 504 of the Rehabilitation Act of 1973, the
Education for All Handicapped Children Act of 1975 (EAHCA), the Americans with
Disabilities Act of 1990 (ADA), and the Individuals with Disabilities Education Act
(IDEA). Of these four laws, the EAHCA and later the IDEA have had the most
significant impact on public schools. Congress reauthorized IDEA in 1997 and 2004,
adding new amendments and extending federal funding for special education services.
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