Upload
leandra-shepard
View
51
Download
5
Tags:
Embed Size (px)
DESCRIPTION
Principal Leadership for Special Education. Legal Issues in Special Education. Carl Lashley, Ed.D., Associate Professor Educational Leadership and Cultural Foundations University of North Carolina Greensboro 342 SOEB Greensboro, NC 27402 Cell (336) 549-9163 Web: http:// www.clashley.com - PowerPoint PPT Presentation
Citation preview
Legal Issues in Special EducationPTLAJuly 17, 2012
Principal Leadership for Special Education
Carl Lashley, Ed.D., Associate ProfessorEducational Leadership and Cultural FoundationsUniversity of North Carolina Greensboro342 SOEBGreensboro, NC 27402Cell (336) 549-9163Web: http://www.clashley.comTwitter: flashpoints48
Person First LanguageStudents deserve better than to be reduced to labels,
particularly when labels become acronyms or initials.
Students are human beings who have characteristics. They are NOT their characteristics.
Characteristics are not deficiencies. Nor are they abundances. They just are.
How we name what is around us speaks to our moral conceptions of worth, purpose, and possibility.
People First Language
People-First Language by anthromike
APA on Person First Language
PTLA: The LABEL
What does it mean to say “he’s PTLA”?
Person First Language Students (or people or children) with
disabilities
Students (or people or children) who are learning English
Students who use wheel chairs
People who are deaf
Students who have learning disabilities
A parent who uses a walker
Children with Attention Deficit Disorder
Students who have immigrated
Children with intellectual disabilities
A student with emotional disabilities
Students who receive special education
Students who are learning English
Children who scored at Level 2
Children who come from families in poverty
Students who require reasonable accommodations
A student who is academically gifted
Students who are musically talented
Students who are high achievers
EC
What’s Missing?Strategic Leadership
Instructional Leadership
Cultural Leadership
Human Resource Leadership
Managerial Leadership
External Development Leadership
Micropolitical Leadership
Legal Issues inSpecial Education
Major Principles of Special Education LawEqual Protection of the Law
(U.S. Constitution V & XIV)
Due Process of Law
(U.S. Constitution V & XIV)
Free Appropriate Public Education
(EHA, 1975; IDEA, 2004; Section 504; state laws)
Major Principles of Special Education LawEqual Protection of the Law
Students with disabilities must have access to an education as all other students do. PARC v. Pennsylvania (1968) Mills v. Board of Education of Washington, DC (1968) NCARC v. North Carolina (1973)
Permissive Legislation Right to Education statutes
Major Principles of Special Education LawDue Process of Law
If a school district proposes to change the education of a student with a disability or a student who may be thought to have a disability, the decision must be made through due process of law. Notice of the nature of the decision Opportunity for Response Fair Hearing
DEC forms IEP Team deliberations Facilitated IEPs/Mediation Due Process Hearing/SEA Appeal/Litigation
Major Principles of Special Education LawFree Appropriate Public Education
Free—at public expense Appropriate—compliant and designed to provide
educational benefit Public—under the supervision of the public school system Education—a program the student needs to learn and
adapt to his/her environment
the standard a district must meet to comply with IDEA and/or Section 504
Major Principles of Special Education LawEqual Protection of the Law
Due Process of Law
Free Appropriate Public Education
EHA, 1975; IDEA, 2004; state laws
Section 504
Right to an Education
Educational Entitlement$$$$$$$$$
Non-discrimination ProtectionCivil Rights Enforcement
What About Bob?
Bob is a 15 year old eighth grade student at Bourne Middle School. He reads, writes, and does math well below grade level. He will transition to high school in the Fall. As Bob’s IEP Team, what would be your perspective on an appropriate education for Bob?
Untangling IDEA, Section 504, and NCLB
Section 504 purposesAccess to facilities, programs, services, and
educational opportunities
Access to general education curriculum and the general education classroom
Access to standardized assessment systems
Reasonable accommodations
IDEA purposes Identification and categorization
Nondiscriminatory assessment
Appropriate education
Individualized educational planning
Least restrictive environment
Parental involvement in decision making
Are these reasonable accommodations? A parent requests that her son who has autism be permitted to have
his service dog with him at all times at school
A parents requests that the school be a peanut-free environment because her daughter has peanut allergies
A student who uses a wheelchair requests that the marching band take an accessible bus on every band trip
A psychiatrist writes a prescription that requires that a student with Attention Deficit Disorder be permitted to have his service ferret with him at all times in school
A student with a learning disability requests unlimited time to take EOCs
A student with intellectual disabilities objects because she was cut during dance team tryouts
Disability CategoriesTo be eligible for services under IDEA, a student must
meet the criteria at 34 C.F.R. §300.8 for one of 14 categories:
Autism, Child Aged Three Through Nine Experiencing Developmental Delays, Deaf-Blindness, Deafness, Emotional Disturbance, Hearing Impairment, Intellectual Disability, Multiple Disabilities, Orthopedic Impairment, Other Health Impairment, Specific Learning Disability, Speech or Language Impairment, Traumatic Brain Injury, Visual Impairment
IDEA/NCLB Re-grouping Students with Academic Disabilities
Specific Learning Disabilities Speech-Impairment Behavior-Emotional Disabilities Other Health Impairment Autism Spectrum Disorder Mild Intellectual Disabilities
Students with Sensory Disabilities
Hearing Impaired
Visually Impaired
Orthopedically Impaired
Students with Significant Disabilities
Traumatic Brain Injury
Moderate to Severe Intellectual Disabilities
Multiple Disabilities
Deaf-Blind
General Legal Principles from IDEA and 504 in an NCLB framework
Appropriate educationAccess to the general education
curriculumAccommodations that provide access to
curriculum, instruction, and assessmentAccountability for student performanceParent involvement in decision making
Legal Expectations for Educating Students with Disabilities
Reasonable accommodations in Curriculum
Reasonable accommodations in Instruction
Reasonable accommodations in Assessment
Passing statewide assessments
Meeting state academic standards
High school graduation
College and Career Ready
IEP/Sec 504 Plan A
PPROPRIATE
Access to General Education
A Continuum of Services ScenarioChildren come to school with varying abilities, experiences, and motivation. When these internal factors cause them to fail in school, it is the school district’s responsibility to provide a continuum of special curriculum and instructional services to meet their needs. Some students (those with disabilities) have such extraordinary needs that it is sometimes necessary to separate them from their peers to meet those needs. In order to generate the resources necessary to support the additional services these students require to benefit from education, schools must identify and label them within the boundaries of due process of law. The professions of psychology and special education have developed tools and strategies which, when properly used, enable school personnel to identify, place, and plan instructional programs for particular students based on comparisons of their characteristics with those of their normal peers. Specially trained personnel are available to provide services for these students in special settings, when the program of general education is unable to meet their needs. Although students should only be separated from their peers when separation is necessary for progress to occur, working with students in special settings is sometimes necessary and justifiable. With the proper mixture of expertise and compassion, schools can meet the educational needs of these special students.
Oberti v. Board of Education of the Borough of Clementon (1993)
School districts have an affirmative obligation to rebut the IDEA’s strong preference for placement in general education settings before they consider other more restrictive settings.
1. Are the student’s disabilities so severe that s/he will receive little or no benefit from an inclusive placement?
2. Is the child so disruptive that the education of other students will be significantly impaired?
3. Is the cost of the inclusive placement so great that the education of other students will be negatively affected?
What about LRE?
When an IEP Team meets at Bourne Middle School, the members struggle with making LRE determinations. As the principal, what guidance would you give them?
Disciplinary Procedures
Honig v. Doe (1988)Students with disabilities cannot be expelled for
behavior related to their disabilities.
Students with disabilities may be suspended for up to ten days, if they pose an immediate threat to others.
Unilateral Cessation of ServicesThe courts have been clear that school districts
cannot act unilaterally to stop providing students with disabilities FAPE.
When is a disciplinary action a change of placement?
Expulsion and Students With DisabilitiesFor behavior that is not a manifestation of the
disability
Special education and related services must be provided.
Suspension and Students With DisabilitiesUp to ten days in succession
More than ten days cumulative--a pattern Similarity Length Proximity
Interim Alternative Educational Placement
Weapons, drugs, inflicting serious bodily injury
45 school days
Functional Behavioral AssessmentFunctional--an inquiry into the cause of a behavior
Assessing functional behavior:
“(a) interviews and rating scales,(b) direct and systematic observation of the
person's behavior, and(c) manipulating different environmental
events to see how behavior changes”Starin, 2007,
http://www.wrightslaw.com/info/discipl.fab.starin.htm
Behavioral Intervention Plans “A plan of positive behavioral interventions in the IEP
of a child whose behaviors interfere with his/her learning or that of others.”
http://www.wrightslaw.com/links/glossary.sped.legal.htm
Manifestation Determination “If (a) child with disability engages in behavior or
breaks a rule or code of conduct that applies to nondisabled children and the school proposes to remove the child, the school must hold a hearing to determine if the child’s behavior was caused by the disability.”
http://www.fetaweb.com/06/glossary.sped.legal.htm
Disciplinary procedures should be:• Equitable• Educative• Empowering
Discipline should be a teaching and learning process.
Legal Issues in Special EducationPTLAJuly 17, 2012
Principal Leadership for Special Education
Carl Lashley, Ed.D., Associate ProfessorEducational Leadership and Cultural FoundationsUniversity of North Carolina Greensboro342 SOEBGreensboro, NC 27402Cell (336) 549-9163Web: http://www.clashley.comTwitter: flashpoints48