This document discusses special education laws and regulations regarding student participation in extracurricular activities. It provides examples of cases that address whether schools have met their obligations to provide supports and equal access for students with disabilities to participate. The main points are:
- IEPs must address any supports or modifications needed for students to participate in nonacademic/extracurricular activities. Schools must consider supports as part of FAPE.
- Schools must provide disabled students an equal opportunity to participate, which can include supports even if not listed in the IEP/504 plan.
- Cases found violations when schools failed to properly consider supports at IEP meetings or implement IEP provisions for extracurricular activities.
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This document provides a summary of new decisions from the California Office of Administrative Hearings (OAH) related to special education law. Key cases addressed issues such as behavior, discipline, eligibility, independent educational evaluations, individualized education program implementation, least restrictive environment, and student nonattendance. The summaries explain the facts, decisions, and significance of each case. Overall, the document aims to inform readers about recent developments in special education legal issues decided by the OAH.
This document discusses special education laws and responsibilities regarding students with disabilities and nonattendance issues. It covers California's compulsory attendance rules, defining truancy, child find obligations, eligibility determinations for students with emotional disturbances, addressing nonattendance in IEPs, and placement considerations. The document provides examples of court cases related to these issues and tips for IEP teams in evaluating and assisting students with nonattendance problems.
This document discusses legal requirements regarding the provision of one-to-one aides for students with disabilities. It summarizes two case examples where administrative law judges found that districts denied students a free appropriate public education (FAPE) by failing to provide a one-to-one aide. The document also outlines lessons for determining a student's need for an aide, including collecting data, observing the student, and considering alternative supports before assigning an aide. Overall, the document provides guidance on when districts must provide a one-to-one aide as part of FAPE.
The document discusses requirements and best practices for exiting students from special education. It covers three key areas:
1) Exiting based on determining a student no longer meets eligibility criteria, which requires reassessing the student in all suspected disability areas and documenting that the student no longer needs special education. Assessments must consider all available information and address all suspected areas of disability.
2) Properly convening IEP meetings, providing proper notice, and ensuring the IEP team makes exiting decisions rather than predetermining outcomes. Districts must also provide prior written notice of any decision to exit a student.
3) Case examples where districts failed to conduct comprehensive assessments, consider all relevant information, or provide proper
SES Fall 2014: All Things Considered Serving Students With Hearing ImpairmentsFagen Friedman & Fulfrost
This document provides an overview of legal standards and requirements for serving students with hearing impairments. It discusses the IDEA's definition of a free appropriate public education (FAPE) as established in Rowley v. Hendrick Hudson Board of Education. It also examines California's higher standards for considering a student's preferred communication mode, providing assistive technology, and placing students in the least restrictive environment. Case examples are provided to illustrate how these standards have been applied regarding disputes over sign language interpretation, CART services, and oral vs. auditory-verbal therapy methods.
Spring 2014 Special Education in the Modern Age: Parent Participation in the...Fagen Friedman & Fulfrost
This document discusses ensuring parent participation in the IEP process. It covers:
1. Who qualifies as a "parent" under special education law, including divorced parents who both have rights to participate.
2. Conducting IEP meetings, including the right of parents to request meetings, receive proper notice, and have the meeting rescheduled if unable to attend. Meetings can only be held without parents if the district documents extensive efforts to secure their participation.
3. Developing the IEP, including the issues of predetermination where districts improperly decide issues before the IEP meeting preventing meaningful parent input, and the right of parents to request independent evaluations that the district must consider.
This document provides a summary of new decisions from the California Office of Administrative Hearings (OAH) related to special education law. Key cases addressed issues such as behavior, discipline, eligibility, independent educational evaluations, individualized education program implementation, least restrictive environment, and student nonattendance. The summaries explain the facts, decisions, and significance of each case. Overall, the document aims to inform readers about recent developments in special education legal issues decided by the OAH.
This document discusses special education laws and responsibilities regarding students with disabilities and nonattendance issues. It covers California's compulsory attendance rules, defining truancy, child find obligations, eligibility determinations for students with emotional disturbances, addressing nonattendance in IEPs, and placement considerations. The document provides examples of court cases related to these issues and tips for IEP teams in evaluating and assisting students with nonattendance problems.
This document discusses legal requirements regarding the provision of one-to-one aides for students with disabilities. It summarizes two case examples where administrative law judges found that districts denied students a free appropriate public education (FAPE) by failing to provide a one-to-one aide. The document also outlines lessons for determining a student's need for an aide, including collecting data, observing the student, and considering alternative supports before assigning an aide. Overall, the document provides guidance on when districts must provide a one-to-one aide as part of FAPE.
The document discusses requirements and best practices for exiting students from special education. It covers three key areas:
1) Exiting based on determining a student no longer meets eligibility criteria, which requires reassessing the student in all suspected disability areas and documenting that the student no longer needs special education. Assessments must consider all available information and address all suspected areas of disability.
2) Properly convening IEP meetings, providing proper notice, and ensuring the IEP team makes exiting decisions rather than predetermining outcomes. Districts must also provide prior written notice of any decision to exit a student.
3) Case examples where districts failed to conduct comprehensive assessments, consider all relevant information, or provide proper
SES Fall 2014: All Things Considered Serving Students With Hearing ImpairmentsFagen Friedman & Fulfrost
This document provides an overview of legal standards and requirements for serving students with hearing impairments. It discusses the IDEA's definition of a free appropriate public education (FAPE) as established in Rowley v. Hendrick Hudson Board of Education. It also examines California's higher standards for considering a student's preferred communication mode, providing assistive technology, and placing students in the least restrictive environment. Case examples are provided to illustrate how these standards have been applied regarding disputes over sign language interpretation, CART services, and oral vs. auditory-verbal therapy methods.
Spring 2014 Special Education in the Modern Age: Parent Participation in the...Fagen Friedman & Fulfrost
This document discusses ensuring parent participation in the IEP process. It covers:
1. Who qualifies as a "parent" under special education law, including divorced parents who both have rights to participate.
2. Conducting IEP meetings, including the right of parents to request meetings, receive proper notice, and have the meeting rescheduled if unable to attend. Meetings can only be held without parents if the district documents extensive efforts to secure their participation.
3. Developing the IEP, including the issues of predetermination where districts improperly decide issues before the IEP meeting preventing meaningful parent input, and the right of parents to request independent evaluations that the district must consider.
1) The document discusses four legal cases related to independent educational evaluations (IEEs).
2) The first case examined what constitutes an "unreasonable delay" when parents request funding for an IEE. The court found a four-month delay between the request and response was unreasonable.
3) The second case showed that districts must thoroughly review assessments before denying IEE requests, as the court found errors in the district's assessment and ordered them to fund the IEE.
4) The third case established that parents do not have an unlimited amount of time to request an IEE, setting a two-year statute of limitations.
5) The fourth case clarified that for an IEP team to
This document discusses eligibility categories for special education, focusing on Emotional Disturbance (ED), Other Health Impairment (OHI), and Specific Learning Disability (SLD).
It provides details on the federal and state definitions of ED and the five factors used to determine eligibility. Case studies examine issues around determining if a student's diagnosed mental illness or substance abuse is the primary cause of their difficulties. The document also discusses when "acting out" behaviors could indicate an ED versus social maladjustment.
For OHI, it explains that a medical diagnosis alone is not sufficient for eligibility and that the disability must actually limit a student's strength, vitality or alertness. The document concludes by noting that determining an
The document provides an overview of related services under IDEA and California law. It defines related services as transportation and other supportive services required to help a child with a disability benefit from special education. Specific related services discussed include physical therapy, occupational therapy, adapted physical education, transportation, and more. Case examples demonstrate how determinations of related service needs must be made on an individualized basis.
The document provides an overview of extended school year (ESY) services for students with disabilities:
1) ESY services are provided beyond the regular school year to prevent regression of skills over breaks and support receipt of a free and appropriate public education.
2) The IEP team determines if a student needs ESY based on likelihood of regression and recoupment difficulties, not on category of disability.
3) ESY services must be comparable in quality and scope to the student's program during the regular school year.
This document summarizes key aspects of transitions for students with disabilities from one educational setting to another. It discusses transitions from early intervention services to preschool, from preschool to elementary school, from one school district to another, and from high school to postsecondary activities. For each transition, it outlines legal requirements and considerations, including who is involved, required timelines, and what processes schools must undertake. It also summarizes a few relevant legal cases to illustrate issues that commonly arise regarding transitions.
This document discusses serving students with medical needs. It covers three topics: 1) placing and serving students with medical needs in the least restrictive environment (LRE), discussing relevant laws, cases, and takeaways; 2) home/hospital instruction, outlining rules for general education and special education students; and 3) serving students with allergies or multiple chemical sensitivities, addressing eligibility for services under Section 504. For each topic, the document analyzes laws, case examples, and practical guidance for school districts.
This document provides a summary of new developments in special education law from 2013, including three court cases. The first case found that California law allows trained, unlicensed school staff to administer insulin to students. The second case rejected a Section 504 damages claim regarding a student's suicide allegedly due to bullying, finding the school district did not demonstrate deliberate indifference. The third case refused to dismiss a damages claim where a student was allegedly constantly bullied and reports were ignored. The document discusses implications of these and other cases regarding administration of medication, bullying, procedural errors, residential placement, autism litigation, and other issues.
The document summarizes several recent decisions from the California Office of Administrative Hearings (OAH) related to special education law and policy. Key cases addressed issues of consent for assessments, discipline procedures for students who bring weapons to school, eligibility determinations, qualifications of service providers like nurses and aides, and whether a residential placement was necessary to provide a free appropriate public education. The document provides concise summaries of these OAH decisions in 1-3 sentences for each case.
SES Fall 2012 All Things Considered - Recent Decisions on the Written Offer o...Fagen Friedman & Fulfrost
1. The document discusses several cases related to the written offer of placement and follow through requirements.
2. In Student v. Buckeye Union School District, the court found that while the IEP did not need to provide an hour-by-hour account of services, it did need to specifically describe the goals that specialized academic instruction would target.
3. In Student v. West Covina USD, the court found a procedural violation that denied FAPE because required information like accommodations was left blank on the IEP, impeding parental participation.
This document provides an overview of federal and state laws governing student records and confidentiality. It discusses the Family Educational Rights and Privacy Act (FERPA) and the Individuals with Disabilities Education Act (IDEA) as the primary laws protecting student privacy. It defines an "education record" under these laws and outlines the rights of parents and students to access, amend, and control disclosure of education records. The document examines what types of records meet the definition of an "education record" and certain exclusions to that definition.
SES Spring 2014 - Spotlight on Practice: Promotion, Retention, Grading and Gr...Fagen Friedman & Fulfrost
This document discusses promotion, retention, grading, and graduation policies for students with disabilities. It covers:
1. Promotion and retention decisions must follow district policy and consider individual student needs. IEP teams may develop individualized standards. Retention requires reconvening the IEP team to consider supports provided.
2. Grades for students with accommodations should not reflect them, while grades for students in modified curriculums should reflect achievement in the modification. Report cards and transcripts have different disclosure standards regarding disability status.
3. Graduation options include a regular diploma by meeting district standards or a certificate of completion. The IEP team must discuss graduation requirements. A regular diploma ends eligibility but
1) The document discusses the legal standards for determining eligibility for special education services under IDEA and California law. To be eligible, a student must have a qualifying disability and require special education as a result.
2) It examines what constitutes "special education", including the requirement for "specially designed instruction" to meet a student's unique needs. Case examples explore what types of support have been considered special education versus general education accommodations.
3) Through several case examples, it illustrates how courts and administrative hearings officers have analyzed whether students' needs could be met through general education or required special education, focusing on disability categories including autism, emotional disturbance, orthopedic impairment, and other health impairment.
The document provides an overview of the Office of Civil Rights (OCR) investigation and complaint resolution process under Section 504. It summarizes key steps in the OCR investigation including the complaint, jurisdiction determination, decision to close or pursue early resolution, investigation components, findings letter, resolution agreements, and monitoring. It also identifies common Section 504 issues that result in complaints such as procedural safeguards, evaluations and eligibility, bullying, discipline, accommodations, transportation, retaliation, and athletics. Practical response tactics for districts under investigation are outlined.
This document provides summaries of frequently asked questions regarding special education discipline. It addresses topics such as determining when a series of short-term removals constitutes a change of placement, what constitutes "substantially similar" behavior, procedural requirements for removals that result in a change of placement, who should conduct manifestation determinations, how to document manifestation determination proceedings, timelines for returning a student to their prior placement if a behavior is found to be a manifestation of their disability, the types of behaviors that justify removal to an interim alternative educational setting, and whether a district can place a student in an IAES more than once during a school year. The document provides concise answers to each question along with practice pointers for implementing the legal requirements
This document discusses legal standards and emerging issues related to eligibility decisions for students on the autism spectrum. It provides an overview of key topics such as the definition of autism under IDEA and state law, appropriate assessment procedures, determining if criteria for autism are met, and whether a student requires special education. It examines case examples related to each topic and offers practice pointers for determining eligibility.
The document summarizes key aspects of the Individuals with Disabilities Education Act (IDEA), including its history and amendments. It defines important terms like free appropriate public education, individualized education program, least restrictive environment, and extended school year. It also outlines requirements regarding evaluation, placement, discipline, private schooling, related services, and protections under Section 504 of the Rehabilitation Act of 1973. Major court cases that have interpreted and shaped the implementation of IDEA are referenced throughout.
This document provides an overview of helping foster children succeed in school. It discusses California education standards, teacher standards, the Individuals with Disabilities Education Act (IDEA), individualized education programs (IEPs), special education services, discipline procedures, and resources for parents. Key topics include students' rights to a free appropriate public education, the IEP and evaluation process, eligibility criteria for special education, and the roles of parents and teachers in supporting students.
This document provides a summary of recent legal updates in special education law, including new case law rulings and proposed legislation. Key points include:
- A district was found to have denied FAPE by delaying assessments for 18 months after a parent's referral and failing to develop adequate IEP goals and baselines.
- A district's duty to update an expired IEP is not contingent on parental cooperation, and the district should have continued working with parents or filed for a due process hearing.
- A principal was disciplined for sending inappropriate text messages about a student during an IEP meeting.
- Parents were not entitled to reimbursement for a residential placement where the primary purpose was to address medical needs
This document discusses the importance of education for children in foster care and the roles and responsibilities of various entities in promoting their educational success. It notes that frequent school changes can negatively impact foster children's academic and social development. It also outlines Tennessee policies regarding foster children's school enrollment, special education services, and the role of foster parents, caseworkers, courts and schools in advocating for their educational needs.
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.
1) The document discusses four legal cases related to independent educational evaluations (IEEs).
2) The first case examined what constitutes an "unreasonable delay" when parents request funding for an IEE. The court found a four-month delay between the request and response was unreasonable.
3) The second case showed that districts must thoroughly review assessments before denying IEE requests, as the court found errors in the district's assessment and ordered them to fund the IEE.
4) The third case established that parents do not have an unlimited amount of time to request an IEE, setting a two-year statute of limitations.
5) The fourth case clarified that for an IEP team to
This document discusses eligibility categories for special education, focusing on Emotional Disturbance (ED), Other Health Impairment (OHI), and Specific Learning Disability (SLD).
It provides details on the federal and state definitions of ED and the five factors used to determine eligibility. Case studies examine issues around determining if a student's diagnosed mental illness or substance abuse is the primary cause of their difficulties. The document also discusses when "acting out" behaviors could indicate an ED versus social maladjustment.
For OHI, it explains that a medical diagnosis alone is not sufficient for eligibility and that the disability must actually limit a student's strength, vitality or alertness. The document concludes by noting that determining an
The document provides an overview of related services under IDEA and California law. It defines related services as transportation and other supportive services required to help a child with a disability benefit from special education. Specific related services discussed include physical therapy, occupational therapy, adapted physical education, transportation, and more. Case examples demonstrate how determinations of related service needs must be made on an individualized basis.
The document provides an overview of extended school year (ESY) services for students with disabilities:
1) ESY services are provided beyond the regular school year to prevent regression of skills over breaks and support receipt of a free and appropriate public education.
2) The IEP team determines if a student needs ESY based on likelihood of regression and recoupment difficulties, not on category of disability.
3) ESY services must be comparable in quality and scope to the student's program during the regular school year.
This document summarizes key aspects of transitions for students with disabilities from one educational setting to another. It discusses transitions from early intervention services to preschool, from preschool to elementary school, from one school district to another, and from high school to postsecondary activities. For each transition, it outlines legal requirements and considerations, including who is involved, required timelines, and what processes schools must undertake. It also summarizes a few relevant legal cases to illustrate issues that commonly arise regarding transitions.
This document discusses serving students with medical needs. It covers three topics: 1) placing and serving students with medical needs in the least restrictive environment (LRE), discussing relevant laws, cases, and takeaways; 2) home/hospital instruction, outlining rules for general education and special education students; and 3) serving students with allergies or multiple chemical sensitivities, addressing eligibility for services under Section 504. For each topic, the document analyzes laws, case examples, and practical guidance for school districts.
This document provides a summary of new developments in special education law from 2013, including three court cases. The first case found that California law allows trained, unlicensed school staff to administer insulin to students. The second case rejected a Section 504 damages claim regarding a student's suicide allegedly due to bullying, finding the school district did not demonstrate deliberate indifference. The third case refused to dismiss a damages claim where a student was allegedly constantly bullied and reports were ignored. The document discusses implications of these and other cases regarding administration of medication, bullying, procedural errors, residential placement, autism litigation, and other issues.
The document summarizes several recent decisions from the California Office of Administrative Hearings (OAH) related to special education law and policy. Key cases addressed issues of consent for assessments, discipline procedures for students who bring weapons to school, eligibility determinations, qualifications of service providers like nurses and aides, and whether a residential placement was necessary to provide a free appropriate public education. The document provides concise summaries of these OAH decisions in 1-3 sentences for each case.
SES Fall 2012 All Things Considered - Recent Decisions on the Written Offer o...Fagen Friedman & Fulfrost
1. The document discusses several cases related to the written offer of placement and follow through requirements.
2. In Student v. Buckeye Union School District, the court found that while the IEP did not need to provide an hour-by-hour account of services, it did need to specifically describe the goals that specialized academic instruction would target.
3. In Student v. West Covina USD, the court found a procedural violation that denied FAPE because required information like accommodations was left blank on the IEP, impeding parental participation.
This document provides an overview of federal and state laws governing student records and confidentiality. It discusses the Family Educational Rights and Privacy Act (FERPA) and the Individuals with Disabilities Education Act (IDEA) as the primary laws protecting student privacy. It defines an "education record" under these laws and outlines the rights of parents and students to access, amend, and control disclosure of education records. The document examines what types of records meet the definition of an "education record" and certain exclusions to that definition.
SES Spring 2014 - Spotlight on Practice: Promotion, Retention, Grading and Gr...Fagen Friedman & Fulfrost
This document discusses promotion, retention, grading, and graduation policies for students with disabilities. It covers:
1. Promotion and retention decisions must follow district policy and consider individual student needs. IEP teams may develop individualized standards. Retention requires reconvening the IEP team to consider supports provided.
2. Grades for students with accommodations should not reflect them, while grades for students in modified curriculums should reflect achievement in the modification. Report cards and transcripts have different disclosure standards regarding disability status.
3. Graduation options include a regular diploma by meeting district standards or a certificate of completion. The IEP team must discuss graduation requirements. A regular diploma ends eligibility but
1) The document discusses the legal standards for determining eligibility for special education services under IDEA and California law. To be eligible, a student must have a qualifying disability and require special education as a result.
2) It examines what constitutes "special education", including the requirement for "specially designed instruction" to meet a student's unique needs. Case examples explore what types of support have been considered special education versus general education accommodations.
3) Through several case examples, it illustrates how courts and administrative hearings officers have analyzed whether students' needs could be met through general education or required special education, focusing on disability categories including autism, emotional disturbance, orthopedic impairment, and other health impairment.
The document provides an overview of the Office of Civil Rights (OCR) investigation and complaint resolution process under Section 504. It summarizes key steps in the OCR investigation including the complaint, jurisdiction determination, decision to close or pursue early resolution, investigation components, findings letter, resolution agreements, and monitoring. It also identifies common Section 504 issues that result in complaints such as procedural safeguards, evaluations and eligibility, bullying, discipline, accommodations, transportation, retaliation, and athletics. Practical response tactics for districts under investigation are outlined.
This document provides summaries of frequently asked questions regarding special education discipline. It addresses topics such as determining when a series of short-term removals constitutes a change of placement, what constitutes "substantially similar" behavior, procedural requirements for removals that result in a change of placement, who should conduct manifestation determinations, how to document manifestation determination proceedings, timelines for returning a student to their prior placement if a behavior is found to be a manifestation of their disability, the types of behaviors that justify removal to an interim alternative educational setting, and whether a district can place a student in an IAES more than once during a school year. The document provides concise answers to each question along with practice pointers for implementing the legal requirements
This document discusses legal standards and emerging issues related to eligibility decisions for students on the autism spectrum. It provides an overview of key topics such as the definition of autism under IDEA and state law, appropriate assessment procedures, determining if criteria for autism are met, and whether a student requires special education. It examines case examples related to each topic and offers practice pointers for determining eligibility.
The document summarizes key aspects of the Individuals with Disabilities Education Act (IDEA), including its history and amendments. It defines important terms like free appropriate public education, individualized education program, least restrictive environment, and extended school year. It also outlines requirements regarding evaluation, placement, discipline, private schooling, related services, and protections under Section 504 of the Rehabilitation Act of 1973. Major court cases that have interpreted and shaped the implementation of IDEA are referenced throughout.
This document provides an overview of helping foster children succeed in school. It discusses California education standards, teacher standards, the Individuals with Disabilities Education Act (IDEA), individualized education programs (IEPs), special education services, discipline procedures, and resources for parents. Key topics include students' rights to a free appropriate public education, the IEP and evaluation process, eligibility criteria for special education, and the roles of parents and teachers in supporting students.
This document provides a summary of recent legal updates in special education law, including new case law rulings and proposed legislation. Key points include:
- A district was found to have denied FAPE by delaying assessments for 18 months after a parent's referral and failing to develop adequate IEP goals and baselines.
- A district's duty to update an expired IEP is not contingent on parental cooperation, and the district should have continued working with parents or filed for a due process hearing.
- A principal was disciplined for sending inappropriate text messages about a student during an IEP meeting.
- Parents were not entitled to reimbursement for a residential placement where the primary purpose was to address medical needs
This document discusses the importance of education for children in foster care and the roles and responsibilities of various entities in promoting their educational success. It notes that frequent school changes can negatively impact foster children's academic and social development. It also outlines Tennessee policies regarding foster children's school enrollment, special education services, and the role of foster parents, caseworkers, courts and schools in advocating for their educational needs.
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.
When the Chair is Empty… How Do We Provide FAPE When Students Aren’t In School?Best Best and Krieger LLP
Chronic Absenteeism and Truancy:
1) Why Do We Care So Much?
2) Applicable Rules Requiring District Action.
3) Legal Challenges and Practical Ways to Successfully Blend Statutory Obligations to Help Ensure Student Success.
Modifications and accomodations why should weLisa Stack
The document discusses the importance of providing accommodations and modifications as outlined in students' Individualized Education Programs (IEPs). It notes that failure to do so is unlawful and can deny students their rights. It provides examples of negative consequences that can result, such as students failing classes or experiencing depression. The document emphasizes that IEPs are legal mandates, not requests, and that not following them could lead to lawsuits against schools or teachers.
This document summarizes research on promoting physical activity in Orange County schools from an interdisciplinary perspective. It examines the issue through the lenses of health psychology, social psychology, leadership, and business. It discusses both agreements and conflicts between disciplines in addressing children's physical activity. The document also reviews Florida's physical education mandates, benefits of physical activity for children, and parental and teacher support for daily physical education. Finally, it proposes several programs and strategies Orange County schools could implement to increase students' physical activity.
This document summarizes research on promoting physical activity in Orange County schools. It examines the topic from the perspectives of health psychology, social psychology, leadership, and business. While parents and teachers generally support physical education, requirements are minimal and implementation is inconsistent. The document recommends that Orange County implement programs like Action Schools and provide staff training to increase physical activity opportunities for students. Evidence suggests physical activity correlates with improved academic performance.
Impact of athletics to students' study habits-N.D.CostinaNancy Costina
This document summarizes an action research study on the impact of athletics on students' study habits. The study was conducted with 56 fourth year students at Fianza Memorial National High School. The study aims to determine students' athletic identity, commitment to athletics, and how athletic involvement impacts study habits. It is hypothesized that athletics has no significant impact on study habits or academic achievement. The study uses a descriptive research design with a questionnaire to collect data on students' athletic identity, commitment, and perceptions of athletics' impact on study habits.
The document summarizes key laws and concepts related to special education, including the No Child Left Behind Act, the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, and concepts like least restrictive environments, inclusion, differentiated instruction, and universal design for learning. It discusses requirements for free and appropriate public education, parental rights, standardized testing accommodations, response to intervention frameworks, and the importance of evidence-based practices and considering student diversity.
This document discusses the importance of physical activity in schools. It notes that while schools are an ideal place to promote physical health, many have reduced physical education and recess time to focus on academics. The document examines efforts in several states to mandate daily physical activity in schools through legislation and programs. It concludes that supporting physical activity in schools requires cooperation across many groups and can positively influence students' health and academic performance.
Dr. William Allan Kritsonis, Public School Law, American With Disabilities Action, Due Process, Discrimination, Bill of Rights, Least Restrictive Environment
Chp[1]. 3 Special Education - Dr. William Allan KritsonisWilliam Kritsonis
Dr. William Allan Kritsonis Inducted into the William H. Parker Leadership Academy Hall of Honor (HBCU)
Remarks by Angela Stevens McNeil
July 26th 2008
Good Morning. My name is Angela Stevens McNeil and I have the privilege of introducing the next Hall of Honor Inductee, Dr. William Allan Kritsonis. Dr. Kritsonis was chosen because of his dedication to the educational advancement of Prairie View A&M University students. He earned a Bachelor’s degree in 1969 from Central Washington University in Ellensburg, Washington. In 1971, he earned his Master’s in Education from Seattle Pacific University. In 1976, he earned his PhD from the University of Iowa.
Dr. Kritsonis has served and blessed the field of education as a teacher, principal, superintendent of schools, director of student teaching and field experiences, invited guest professor, author, consultant, editor-in-chief, and publisher. He has also earned tenure as a professor at the highest academic rank at two major universities.
In 2005, Dr. Kritsonis was an Invited Visiting Lecturer at the Oxford Round Table at Oriel College in the University of Oxford, Oxford, England. His lecture was entitled the Ways of Knowing through the Realms of Meaning.
In 2004, Dr. William Allan Kritsonis was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies.
Dr. William Kritsonis is a well respected author of more than 500 articles in professional journals and several books. In 1983, Dr. Kritsonis founded the NATIONAL FORUM JOURNALS. These publications represent a group of highly respected scholarly academic periodicals. In 2004, he established the DOCTORAL FORUM – National Journal for Publishing and Mentoring Doctoral Student Research. The DOCTORAL FORUM is the only refereed journal in America committed to publishing doctoral students while they are enrolled in course work in their doctoral programs. Over 300 articles have been published by doctorate and master’s degree students and most are indexed in ERIC.
Currently, Dr. Kritsonis is a Professor in the PhD Program in Educational Leadership here at Prairie View A&M University.
Dr. William Kritsonis has dedicated himself to the advancement of educational leadership and to the education of students at all levels. It is my honor to bring him to the stage at this time as a William H. Parker Leadership Academy Hall of Honor Inductee.
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.
Overrepresentation in special education: Guidelines for parentsAlfredo Artiles
This document discusses culturally and linguistically diverse student overrepresentation in special education. It begins by asking parents to consider if bias or inappropriate practices contribute to special education placements at their child's school. It then provides guidelines for determining if overrepresentation exists, including calculating odds ratios for different ethnic groups' representation in special education programs. Potential causes of overrepresentation discussed include stereotyping, cultural mismatches between home/school, and poor school quality in low-income neighborhoods. The document concludes by advising parents to learn their rights, get involved in the special education process, and work with advocacy groups to monitor and address overrepresentation issues.
S E S Law Forum Emerging Issues Session IJames Hailey
The document discusses the school-to-prison pipeline and efforts to dismantle it through special education law and policy reform. It notes that students with disabilities are overrepresented in the juvenile justice system due to issues like the overuse of exclusionary discipline practices, lack of appropriate services and accommodations, and failure to properly implement individualized education programs. The Southern Poverty Law Center is using litigation, legislation, media outreach and other strategies to promote the use of Positive Behavioral Interventions and Supports to improve outcomes for students with disabilities and reduce the school-to-prison pipeline.
Presentation by Carol Quirk, Co-Executive Director at Maryland Coalition for Inclusive Education, given during her visit to Yekaterinburg, Russia, sponsored by the US Consulate General in Yekaterinburg.
The document discusses federal and state educational regulations that provide for the needs of children with chronic illnesses and disabilities. It explains that the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act ensure that children receive accommodations and specialized education plans. Children may be eligible for an Individualized Education Program (IEP) or 504 plan depending on how their chronic illness affects their education. The document provides details on eligibility, required accommodations and services, and the roles of various medical and educational professionals in developing accommodation plans for children with special needs.
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 ...
This document analyzes the provision of separate schools for students with disabilities under IDEIA. It notes that research showed students performed better in general education classrooms. IDEIA was updated in 2004 to further specify qualifying disabilities and processes. The document then focuses on a specific separate school, the Instructional Services Center, which serves students exhibiting dangerous behaviors. It discusses services provided but also notes research suggesting placing moderately deviant youth in settings with more deviant peers can increase negative behaviors through peer influence. The document concludes by raising questions about how to balance IDEIA requirements with avoiding negative peer influence.
Westfall Middle School is located in Williamsport, Ohio and provides Title I programs to eligible students. The Title I program is based on an annual needs assessment and aims to provide equivalent educational services to schools receiving assistance. Parental involvement is an important part of the program. If a school receiving Title I funds fails to make adequate yearly progress for two years, it must offer school choice and supplemental services if it fails for three years.
Similar to SES Fall 2012 - Spotlight on Practice: Can I Play Ball? Special Education, Section 504, and Extracurricular Activities (20)
This presentation was provided by Racquel Jemison, Ph.D., Christina MacLaughlin, Ph.D., and Paulomi Majumder. Ph.D., all of the American Chemical Society, for the second session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session Two: 'Expanding Pathways to Publishing Careers,' was held June 13, 2024.
Chapter wise All Notes of First year Basic Civil Engineering.pptxDenish Jangid
Chapter wise All Notes of First year Basic Civil Engineering
Syllabus
Chapter-1
Introduction to objective, scope and outcome the subject
Chapter 2
Introduction: Scope and Specialization of Civil Engineering, Role of civil Engineer in Society, Impact of infrastructural development on economy of country.
Chapter 3
Surveying: Object Principles & Types of Surveying; Site Plans, Plans & Maps; Scales & Unit of different Measurements.
Linear Measurements: Instruments used. Linear Measurement by Tape, Ranging out Survey Lines and overcoming Obstructions; Measurements on sloping ground; Tape corrections, conventional symbols. Angular Measurements: Instruments used; Introduction to Compass Surveying, Bearings and Longitude & Latitude of a Line, Introduction to total station.
Levelling: Instrument used Object of levelling, Methods of levelling in brief, and Contour maps.
Chapter 4
Buildings: Selection of site for Buildings, Layout of Building Plan, Types of buildings, Plinth area, carpet area, floor space index, Introduction to building byelaws, concept of sun light & ventilation. Components of Buildings & their functions, Basic concept of R.C.C., Introduction to types of foundation
Chapter 5
Transportation: Introduction to Transportation Engineering; Traffic and Road Safety: Types and Characteristics of Various Modes of Transportation; Various Road Traffic Signs, Causes of Accidents and Road Safety Measures.
Chapter 6
Environmental Engineering: Environmental Pollution, Environmental Acts and Regulations, Functional Concepts of Ecology, Basics of Species, Biodiversity, Ecosystem, Hydrological Cycle; Chemical Cycles: Carbon, Nitrogen & Phosphorus; Energy Flow in Ecosystems.
Water Pollution: Water Quality standards, Introduction to Treatment & Disposal of Waste Water. Reuse and Saving of Water, Rain Water Harvesting. Solid Waste Management: Classification of Solid Waste, Collection, Transportation and Disposal of Solid. Recycling of Solid Waste: Energy Recovery, Sanitary Landfill, On-Site Sanitation. Air & Noise Pollution: Primary and Secondary air pollutants, Harmful effects of Air Pollution, Control of Air Pollution. . Noise Pollution Harmful Effects of noise pollution, control of noise pollution, Global warming & Climate Change, Ozone depletion, Greenhouse effect
Text Books:
1. Palancharmy, Basic Civil Engineering, McGraw Hill publishers.
2. Satheesh Gopi, Basic Civil Engineering, Pearson Publishers.
3. Ketki Rangwala Dalal, Essentials of Civil Engineering, Charotar Publishing House.
4. BCP, Surveying volume 1
This document provides an overview of wound healing, its functions, stages, mechanisms, factors affecting it, and complications.
A wound is a break in the integrity of the skin or tissues, which may be associated with disruption of the structure and function.
Healing is the body’s response to injury in an attempt to restore normal structure and functions.
Healing can occur in two ways: Regeneration and Repair
There are 4 phases of wound healing: hemostasis, inflammation, proliferation, and remodeling. This document also describes the mechanism of wound healing. Factors that affect healing include infection, uncontrolled diabetes, poor nutrition, age, anemia, the presence of foreign bodies, etc.
Complications of wound healing like infection, hyperpigmentation of scar, contractures, and keloid formation.
This presentation was provided by Rebecca Benner, Ph.D., of the American Society of Anesthesiologists, for the second session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session Two: 'Expanding Pathways to Publishing Careers,' was held June 13, 2024.
How Barcodes Can Be Leveraged Within Odoo 17Celine George
In this presentation, we will explore how barcodes can be leveraged within Odoo 17 to streamline our manufacturing processes. We will cover the configuration steps, how to utilize barcodes in different manufacturing scenarios, and the overall benefits of implementing this technology.
A Visual Guide to 1 Samuel | A Tale of Two HeartsSteve Thomason
These slides walk through the story of 1 Samuel. Samuel is the last judge of Israel. The people reject God and want a king. Saul is anointed as the first king, but he is not a good king. David, the shepherd boy is anointed and Saul is envious of him. David shows honor while Saul continues to self destruct.
Philippine Edukasyong Pantahanan at Pangkabuhayan (EPP) CurriculumMJDuyan
(𝐓𝐋𝐄 𝟏𝟎𝟎) (𝐋𝐞𝐬𝐬𝐨𝐧 𝟏)-𝐏𝐫𝐞𝐥𝐢𝐦𝐬
𝐃𝐢𝐬𝐜𝐮𝐬𝐬 𝐭𝐡𝐞 𝐄𝐏𝐏 𝐂𝐮𝐫𝐫𝐢𝐜𝐮𝐥𝐮𝐦 𝐢𝐧 𝐭𝐡𝐞 𝐏𝐡𝐢𝐥𝐢𝐩𝐩𝐢𝐧𝐞𝐬:
- Understand the goals and objectives of the Edukasyong Pantahanan at Pangkabuhayan (EPP) curriculum, recognizing its importance in fostering practical life skills and values among students. Students will also be able to identify the key components and subjects covered, such as agriculture, home economics, industrial arts, and information and communication technology.
𝐄𝐱𝐩𝐥𝐚𝐢𝐧 𝐭𝐡𝐞 𝐍𝐚𝐭𝐮𝐫𝐞 𝐚𝐧𝐝 𝐒𝐜𝐨𝐩𝐞 𝐨𝐟 𝐚𝐧 𝐄𝐧𝐭𝐫𝐞𝐩𝐫𝐞𝐧𝐞𝐮𝐫:
-Define entrepreneurship, distinguishing it from general business activities by emphasizing its focus on innovation, risk-taking, and value creation. Students will describe the characteristics and traits of successful entrepreneurs, including their roles and responsibilities, and discuss the broader economic and social impacts of entrepreneurial activities on both local and global scales.
2. 2
Nonacademic and
Extracurricular Activities
Historically, primarily access and/or
discrimination issues enforced by the Office
for Civil Rights
But, the IDEA and California law require that
IEP teams consider FAPE and access with
regard to nonacademic and extracurricular
activities
5. 5
Nonacademic/Extracurricular
Activities May Include
Special interest groups or clubs
sponsored by the public agency
Referrals to agencies that provide
assistance to individuals with disabilities
Employment of students
by the public agency
assistance in obtaining outside employment
available
(34 C.F.R. 300.107(b).)
6. 6
FAPE
IEPs must Include a Statement
Special education and related services and
supplementary aids and services
Program modifications or supports for
school personnel that will be provided for the
child to participate in extracurricular and
other nonacademic activities
(20 U.S.C. § 1414(d)(1)(A)(i)(IV); 34 C.F.R. § 300.320(a)(4).)
7. 7
In Addition, IEPs must Address a
Student’s Access/Participation
“Each public agency must take steps, including the
provision of supplementary aids and services
determined appropriate and necessary by the
child’s IEP Team, to provide nonacademic and
extracurricular services and activities in the
manner necessary to afford children with
disabilities an equal opportunity for participation in
those services and activities”
(34 C.F.R. § 300.107(a).)
8. 8
A Balancing Act for IEP Teams
Consideration of supports necessary to
access extracurricular and nonacademic
activities, and/or
Requiring such supports as a necessary
component of FAPE
9. 9
Winooski (VT) School Dist. (OCR 2006)
15-year-old 8th-grader with a non-verbal
learning disability and Asperger syndrome
Student’s IEP required some
paraprofessional assistance (not 1:1)
Student’s IEP did not require a 1:1 aide to
support his student council activities or
extracurricular activities
10. 10
Facts
Parents filed complaint with OCR
Alleged a denial a FAPE based on failure to
implement IEP
Failure to provide 1:1 aide to support
participation on student council
Failure to provide 1:1 aide in after-school
skiing program
Winooski (VT) School Dist. (OCR 2006)
11. 11
Determination
OCR held District did not discriminate by not
providing a 1:1 aide
IEP did not state that he needed 1:1 assistance for
extracurricular activities
However, OCR affirmed that districts must provide
disabled students with an equal opportunity to
participate in nonacademic/extracurricular
activities, which can include providing them
assistance even if the extracurricular activities are
not listed in the student’s
IEP or 504 plan
Winooski (VT) School Dist. (OCR 2006)
12. 12
Letter to Anonymous (OSEP 1990)
Parents alleged a FAPE denial because the
student, a 5th
year senior, could not play
team sports due to a state athletic
association rule
OSEP held the state rule was not
discriminatory. Applied to all students
However, if participation in extracurricular
activities is necessary to FAPE, it must be
delineated in the IEP
13. 13
Independent School Dist. No. 12, Centennial
v. Minnesota Dept. of Education (Minn. 2010)
5th-grader with autism and Tourette
syndrome
Parents requested supplementary aids in
extracurricular and nonacademic activities
Adult supervision after the activity until Student
picked up
Access to cell phone during the activity
Ability to miss some games/practices to manage
health concerns/stress
14. 14
Facts
Parents alleged District refused to discuss
supplementary aids/services at IEP meeting
and District offered 504 meeting instead
District alleged Parents asked for 504
meeting
Resulting 504 plan did not include requested
supplementary aids/services
Parents filed a complaint
Independent Sch. Dist. No. 12, Centennial v. Minnesota Dept. of Edu. (Minn. 2010)
15. 15
Decision #1
The State held District violated IDEA by
failing to convene an IEP meeting to discuss
supplementary aids/services
Independent Sch. Dist. No. 12, Centennial v. Minnesota Dept. of Edu. (Minn. 2010)
16. 16
Decision #2
Court of Appeals upheld State’s decision in
part, but held IEP need only include
supplementary aids/services necessary for
participation in activities required for the
child’s education
Independent Sch. Dist. No. 12, Centennial v. Minnesota Dept. of Edu. (Minn. 2010)
17. 17
Decision #3
Minnesota Supreme Court reversed in part,
holding that an IEP’s contents are not
restricted to extracurricular/nonacademic
activities required to educate a student
Independent Sch. Dist. No. 12, Centennial v. Minnesota Dept. of Edu. (Minn. 2010)
18. 18
Decision #3 (cont.)
Minnesota Supreme Court reasoned
“Requiring disabled students to prove an
educational benefit, when nondisabled students
need not, does not afford disabled students an
equal opportunity to participate in extracurricular
and nonacademic activities. Thus, the court of
appeals’ holding violates the ‘equal opportunity’
for participation in extracurricular and
nonacademic activities required by the plain
language of section 300.107”
Independent Sch. Dist. No. 12, Centennial v. Minnesota Dept. of Edu. (Minn. 2010)
19. 19
Wyoming City Schools (SEA Ohio 2011)
Middle school student with an auditory
processing disorder, hearing loss, and a
medical condition that could cause him to
become ill while traveling to and from swim
meets
Student claimed he required a sign
language interpreter on the bus to assist him
if he became ill
20. 20
Facts
District relied on swim coach’s
opinion that the student did not need an
interpreter on bus rides
Swim coach did not attend the IEP meetings
PWN did not consider what reasonable
accommodations and support services were
necessary to provide access to
extracurricular activities
Wyoming City Schools (SEA Ohio 2011)
21. 21
Decision
The State found that this issue
should have been determined at a properly
convened IEP meeting
The IEP team needed to include appropriate
members with knowledge of the student’s
disability
State ordered the District to reconvene
student’s IEP meeting and to consider his need
for an interpreter on the bus
Wyoming City Schools (SEA Ohio 2011)
22. 22
Maple Lake School Dist. (Minn. 2007)
High school student with cerebral palsy,
ADHD, ODD, other disabilities
Student’s IEP included transition goal of
participating in extracurricular and
community activities
23. 23
Facts
IEP team offered to introduce student to
basketball coach and invited him to help out as
team manager
Coach offered to have student assist at home
games by filling up water bottles and cups for
players
Student was provided with team T-shirt,
included in team picture, and his name was
added to game programs
Maple Lake School Dist. (Minn. 2007)
24. 24
Facts
Student began to “blossom” and positive
peer interactions increased
However, student was not allowed to travel on the
team bus to away games
Per district policy, only competing athletes were
allowed to ride bus to away games
Policy was consistently enforced
Student alleged District denied him a FAPE by not
allowing him to travel to away games on the team
bus
Maple Lake School Dist. (Minn. 2007)
25. 25
Decision
ALJ found District took appropriate steps to provide
extracurricular services and activities to student as
necessary to afford him an equal opportunity for
participation in those services and activities
District showed “Student participated in
extracurricular activities and significantly improved
his interaction and communication with his peers,
enhancing his self-esteem and broadening his
ability to participate in community-based activities”
No denial of FAPE
Maple Lake School Dist. (Minn. 2007)
26. 26
Alcorn County School Dist. (SEA MS 2009)
High school student with ADHD and
Asperger Syndrome
Behavioral issues affected classroom
instruction, especially in band
IEP included accommodations relating to
band, including counseling as a related
service
27. 27
Facts
Counseling services not provided during the
first semester due to the counselor’s
resignation
Student bothers others in marching band
“touching them, getting close to them, getting in
their face”
In response, other students mistreated
Student
Alcorn County School Dist. (SEA MS 2009)
28. 28
Facts
Student was removed from band because of
the inappropriate touching of other students
without their permission
Band teacher told Student he would have to
stop doing that; Student said “I can’t stop”
Alcorn County School Dist. (SEA MS 2009)
29. 29
Decision
The ALJ found District denied Student a
FAPE
Student may not be denied opportunity to
participate in band if the failure to master the
“fundamentals” is substantially related to the
lack of appropriate services and supports
Alcorn County School Dist. (SEA MS 2009)
30. 30
Decision
ALJ noted
“It is also true, however, that a student does
not have a right to participate in band
(including the marching band) solely
because of his disability”
Alcorn County School Dist. (SEA MS 2009)
31. 31
Eastern Lebanon County (PA) School Dist.
(OCR 2010)
High school student with emotional
disturbance
Golf
IEP listed modifications
Golf coach did not follow the IEP because
he thought it would violate rules of golf
Failure to implement IEP = discrimination
32. 32
Kern (CA) Union High School Dist.
(OCR 2003)
High school student with cerebral palsy
Water boy on football team
Trainer stated “I do not want to be bothered by a
handicapped person”
Principal questioned whether student would get
hurt
IEP team conducted individualized assessment
and agreed he could be water boy
Not discrimination
34. 34
Section 504
Applicable to schools
Free appropriate public education (“FAPE”)
Nonacademic and extracurricular activities
can include
Counseling services, physical recreational
activities, special interest groups or clubs
sponsored by the recipients, referrals to
agencies which provide assistance to
handicapped persons, and employment of
students
35. 35
Section 504 - Nondiscrimination
“No otherwise qualified individual with a
disability in the United States . . . shall, solely
by reason of her or his disability, 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 . . .”
(29 U.S.C. § 794(a).)
36. 36
Section 504 - Nondiscrimination
Recipients of federal financial assistance
“shall provide non-academic and
extracurricular services and activities in
such manner as is necessary to afford
handicapped students an equal
opportunity for participation in such
services and activities”
(34 C.F.R. § 104.37(a)(1).)
37. 37
Lewis Palmer (CO) School Dist. # 38
(OCR 2006)
Student with ADHD in drama club
Behavioral problems included isolation,
glaring at students, ripping paper
Denied participation in out-of-town drama
club conference
Per OCR: Denial was discriminatory
38. 38
Half Hollow Hills (NY) Central School
Dist.
(OCR 2005) Fifth grader with diabetes
Missed one out of five field trips
Nurse attended three field trips
Parent attended one field trip
No substitute available for one field trip
Was failure to provide a nurse a denial of
FAPE?
Per OCR: No
39. 39
Shoreline (WA) School Dist. No. 412
(OCR 1996)
Student with severe mental retardation,
blindness, nonverbal abilities and seizures
District after-school recreational program for
students with disabilities
Essential eligibility requirement = significant
ability to cognitively participate in program
Not discrimination when student could not
meaningfully participate
40. 40
Metro Nashville (TN) School Dist.
(OCR 2009)
Students with disabilities were discriminated
against when miscommunication led to them not
receiving info about field trip
New district policy placed burden on special
education students to obtain information
“To invite nondisabled students, but leave it up to
students with disabilities to find out about events
and/or ask to attend before giving them any
information about events, is a form of different
treatment that is not in compliance with the
requirements of Section 504 . . .”
41. 41
Kennewick (WA) School Dist. No 17
(OCR 2011)
High school student with diabetes
Soccer
Tryouts based on variety of skills, work
ethic, overall performance
Student consistently performed low
Detailed records
Not disability discrimination
42. 42
S.S. v. Whitesboro Central School
Dist. (N.D.N.Y 2012)
Student with a severe anxiety disorder and fear of
drowning wanted to be on the swim team
Essential eligibility requirement = ability to swim
when needed
OCR found “[t]here is no reasonable
accommodation that a swim team coach could
make for an athlete who is suddenly and
sporadically afraid of the water and thus has to exit
the pool during practices and competitions”
43. 43
In Sum
Be proactive!
Don’t avoid the conversation
Ask what extracurricular/nonacademic activities
the student is participating in or is interested in
participating in
Then turn the discussion to what
services/supports the student needs to have an
equal opportunity for participation
44. 44
In Sum
Be clear!
Does the IEP require participation in
extracurricular activities to access FAPE?
And if so, why? When? How?
Be reasonable!
Involve relevant district staff in decision-making
who understand the disability and the
extracurricular activity
45. 45
In Sum
Equal access ≠ Guarantee
A special education student does not have a right
to participate in extracurricular/nonacademic
activities solely by virtue of his/her disability
Equal access may be necessary to try-outs, but
not participation
School districts are not required to lower
performance standards/fundamental
requirements of program to permit a disabled
student to participate
Beware categorical exclusion
46. 46
In Sum
Implementation is Key!
Make sure staff understand how to implement
accommodations.
Staff cannot unilaterally disregard
accommodations identified in an IEP or 504 plan
Check your policies!
Must be legitimate, nondiscriminatory
Provide notice!
Ensure students with disabilities have
information to participate
47. 47
Information in this presentation, including but not limited to PowerPoint handouts and the presenters' comments, is summary only and not legal advice.
We advise you to consult with legal counsel to determine how this information may apply to your specific facts and circumstances .
Editor's Notes
The rules of a sport do not trump what is included in a student’s IEP
A District does not have to create a separate program for students with disabilities. If a District has a separate program for students with disabilities, it does not need to ensure that all students can participate.