Professor William Allan Kritsonis-Americans With Disabilities Act in Education Ppt

8/20/2019 Professor William Allan Kritsonis-Americans With Disabilities Act in Education Ppt

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Americans with Disabilities

Act in Education

Public School LawLecture Notes

William Allan Kritsonis, PhD



Early Development

•Compulsory attendance laws•The exclusion of students withdisabilities

•Parental advocacy –Council for Exceptional Children,1922

–Cuyahoga Council for RetardedChildren, 1933

–National Association for RetardedCitizens (The ARC), 1950



•Brown v. Board of Education

347 U.S. 483 (1954)

After the decision in Brown, parents of

children with disabilities started to bringlawsuits against school districts for excluding

and segregating children with disabilities.

The parents argued that, by excluding these

children, schools were discriminating againstthe children because of their disabilities.

Case Law



“In these days, it is doubtful thatany child may reasonably beexpected to succeed in life if he isdenied the opportunity of aneducation. Such an opportunity,

where the state has undertakento provide it, is a right that must

be available to all on equal terms.”-Chief Justice Earl Warren-

Brown v. Board of Education



• Pennsylvania Association for Retardedchildren (PARC) v. Pennsylvania (343

F.Supp, 279, E.D. PA, 1972)

–U.S. District Court found that mentally retarded

persons are capable of benefiting from

education.

• Mills v. District of Columbia Board of

Education (348 F.Supp, 869, D.D.C. 1972)

–Students with disabilities must be given a public

education, and that financial limits were a moot

point in providing education to the students

http://en.wikipedia.org/wiki/Mills_vs._Board_of_Education_of_District_of_Columbia

Landmark Cases



• The Education of the Handicapped Act of 1970

• Section 504 of the Rehabilitation Act

of 1973• The Elementa! and Seconda!

Education Act of 19"5

• The Education Amendment# of 1974

Early Federal Involvement



• The Education for AllHandicapped Children Act of

1975 (P.L. 94-142)

Was to ensure access to public education

for students with disabilities

Major Legislation



•Nondiscriminatory testing, evaluations,

placement and procedures

•Education in least restrictiveenvironment

•Procedural due process

•Free education

• Appropriate education

EAHCA Mandates



•1986 –The Handicapped Children’s Protection Act –The Infants & Toddlers with Disabilities Act

•1990 –The Individuals with DisabilitiesEducation Act

•1997 –The Individuals with DisabilitiesEducation Act Amendments of 1997

Reauthorizations of the EAHCA



•First special education case to go

to the U.S. Supreme Court

•Was a “free appropriate education”

being given?

http://www.listen-up.org/dnload4/rowley.pdf

Board ofEducation v. Rowley 458, U.S. 176 (1982)



•IEP•Mediation

•Discipline

•Attorney Fees

•Charter Schools

•Manifestation Determination

IDEA Amendments of 1997



•The underlying theme of IDEA '97 was to improve the effectiveness ofspecial education by requiringdemonstrable improvements in the

educational achievement of students with disabilities

The IDEA Acts Amendments of 1997



•Controversial law

•Aimed to improve performance of

schools•Give parents more flexibility in

choosing schools

•Promotes a focus on reading•Highly qualified teachers

The No Child Left Behind Act of2001



•NCLBfocuses on:a.Increasing the academic achievement of all public schoolstudents

b.Improving the performance of low-performing schools

c.Requiring schools to adopt scientifically basedinstructional practices

•NCLB accomplishes this by:a.Requiring states to measure the progress of students andgroups of students, including students with disabilities,every year

b.Reporting the results of these measures to parents

c.Requiring states to set proficiency standards that schoolsmust attain within a set period of time

NCLB Accountability



•To increase the academic achievementof students in special education

–Focus on writing measurable goals and

actually measuring them

–Focus on progress monitoring

•To increase accountability for results

•To streamline the special education

process

Focus of IDEIA 2004



•Conduct relevant assessments ofstudents’ educational needs

•Monitor students’ progress using

data- based formative evaluationsystems

Challenges to Special Education



Changes in Special Education Law

Individual and

Group Efforts

EAHCA1974

IDEA 1990

IDEAA 1997

IDEIA 2004

Special education went from an issue of accessto an issue of quality.



After going through the history of how specialeducation came to what it is today, I have a newappreciation for my husband. He is “deaf” and Irealize he did not receive a high qualityeducation as it is given today. He is a good

citizen and provider for his family, but he missedout on quality skills. I have encouraged him togo to school and get more education so that himmay work in a place that he has passion for. Heis going, but it takes a little longer and we are all

ok with that. Special education has come a long way since he has been in school.

Conclusion

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Professor William Allan Kritsonis-Americans With Disabilities Act in Education Ppt