Laws and Family Rights

Why are federal laws important?

Empowers families to advocate for their children

Aids individuals with disabilities in decision making

Assists professionals in:• Understanding service delivery systems• Protecting civil rights of students• Collaboration with other agencies

Prior to Laws VS. With Laws

Blame Parents Parents

responsible for education

Parent Organizations

Parents as Advocates Parents as Partners School systems:

• standards-based reform• one-stop-shopping

Major Pieces of Legislation

1970 Right to Education 1973 Civil Rights Section 504 1976 PL-142; now known as IDEA (3-

21) 1986 (birth - 2 years) 1990 added autism, TBI 1994 reinterpretation of IDEA adding

ADHD under OHI

Section 504 of the Vocational Rehabilitation Act of 1973

Extends civil rights in public sector to people with disabilities of all ages

...”no otherwise qualified handicapped individual shall, based solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in any program or activity receiving federal financial assistance.”

Section 504 of the Vocational Rehabilitation Act of 1973

Very broad definition of disability

Requires that reasonable accommodations be made

Is a discrimination statute -- NOT an entitlement statute

P. L. 101-476 Individuals with Disabilities Education Act of 1990

IDEA

Formerly P.L. 94-142 Education for all Handicapped Children Act of 1975

Provides an educational services for all children with disabilities

THE LAW OF SPECIAL EDUCATION

Education for All Handicapped Children Act (P.L. 94-142) passed in 1975, which equals

IDEA passed in 1990

Funding statue: all school age children with

disabilities must be provided with FAPE

Reinterpretations of IDEA = 1990 added autism and traumatic brain

injury and transition services 1992 added AD/HD to be covered

under OHI

They are considered disabled if:

1. They have a physical or mental impairment which substantially limits one or more major life activity

2. History

3. Treated by the district as having

4. Limited by the attitudes of others

5. They are treated by the district as

handicapped but have no symptoms

Six Major Principles of IDEA

1. Zero Reject (FAPE)

Schools must enroll all children

Closes service gap

Closes age gap

Six Major Principles of IDEA

2. Nondiscriminatory Testing• Types of tests

• Administration of tests

• Number of tests

• Breadth of evaluation

• Timing of evaluation

• Parental consent and notice

• Interpretation

Six Major Principles of IDEA

3. Appropriate Education• Schools must develop and implement

individualized education program (IEP) for eligible students

• Program will be tailored to meet needs of individual

• Program is revised at least every year -- more often as necessary

Six Major Principles of IDEA

4. Least Restrictive Environment

• LRE

• Educate students with disabilities with nondisabled as much as possible

Six Major Principles of IDEA

5. Due Process

• Safeguards to protect the rights of students and parents

Six Major Principles of IDEA

6. Parental Participation

• Must involve parents in every step of the process

1997 Amendments to IDEA

Performance goals and indicators

Participation in assessments

Description of behavior management plan

Who is covered under IDEA?

Students ages 3-21 with one or more of the following disabilities:

Deaf-blind Hearing ImpairedMental Retardation Multiple DisabilitiesOrthopedic-Impaired Other Health ImpairedSerious Emotional Disturbance Specific Learning

DisabilitySpeech or Language Impairment Visual ImpairmentAutism Traumatic Brain Injury

Americans with Disabilities Act of 1990 (ADA)

To eliminate discrimination against people with disabilities

Extends civil rights protection to private sector

Physical or mental impairment that limits a major life activity

Guarantees accessibility for individuals with disabilities

IDEA vs. 504 Placements

1. Educational Benefits?

2. Nonacademic benefits?

3. Effect on behavior of others?

4. Cost too expensive in general ed.?

Perkin’s Act

• 1984

• Extends the rights IDEA students to vocational education

• Integrates academics and vocational education

Defining Special Education

Special education as a process

• Special education is a process to identify and remediate students

Initial Referral

Student Returns to Regular Class

Student is Successful

Student Found Eligible

IEP Developed

Student is Assessed

Place Student

Develop Intervention

Intervention Ineffective

Student Ineligible

School & Law

Name the Law

Extends civil rights to people with disabilities in the public sector.

a. IDEA

b. ADA

c. Section 504

d. Perkin’s

Name the Law

Extends civil rights to people with disabilities in the private sector.

a. IDEA

b. ADA

c. Section 504

d. Perkin’s

Name the Law

Requires that schools enroll all children regardless of the severity of disability.

a. IDEA

b. ADA

c. Section 504

d. Perkin’s

Name the Law

Requires that an IEP be developed for eligible children.

a. IDEA

b. ADA

c. Section 504

d. Perkin’s

Name the Law

Requires unbiased assessments.

a. IDEA

b. ADA

c. Section 504

d. Perkin’s

Vocational Rehabilitation Act – 1973• Section 504• Provisions for FAPE?