SPECIAL EDUCATION PROJECTEDUC4763-AA (Fall 2015)

> BY: SHANNON SOLOMON & LISA ANDERSON

Laws Addressing Special Education:FEDERAL LAW:

THE FEDERAL LAW All federal laws become federal statutes. Federal statutes are organized, indexed and published in the United States Code, U.S.C. To find a federal statute, you must know under what Title of the U.S.C. it is located. For example, the IDEA is in Title 20, which is written as 20 U.S.C.

FEDERAL REGULATIONS:

After a federal law, such as the IDEA, has been adopted, the next step is the development of federal regulations. The intent of regulations is to clarify for the states the intentions of the law. Because federal regulations must be put out for public comment before they can be adopted, there is a gap between the time the law is passed and when final regulations are adopted. During that time, states must still follow the law, even though there may be some confusion about some of its requirements.

Laws Addressing Special Education Continued:

STATE RULES

Once federal regulations are adopted, each state develops and adopts its own rules implementing new IDEA requirements. State rules help school districts understand how to implement federal requirements. In Texas, the rules governing special education are developed by both the State Board of Education (SBOE) and the Commissioner of Education. Currently, the majority of Texas’ special education rules are Commissioner’s Rules.

In Texas, the Texas Education Agency involves parents and other stakeholders in all stages of the rulemaking process. Some organizations are invited to participate on a “stakeholders committee” to develop recommendations for rules. Once rules are drafted and proposed, they are published in the Texas Register, where everyone is given a chance to give written comments. If you are on the TEA ListServe, you will be notified when there are opportunities to comment on proposed rules.

Both SBOE and Commissioner’s rules are part of a larger body of state agency rules that are collected and published as the Texas Administrative Code. You can access the TAC at: http://www.sos.state.tx.us/tac/ or through the TEA website at: http://ritter.tea.state.tx.us/rules/tac/index.html.

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STATE LAWS When a federal law such as the IDEA is passed, a state may have to make

changes in some of its state laws to conform to new federal requirements. In Texas, such changes would be made by the Texas Legislature. You will find state laws governing education in the Texas Education Code, or TEC. State laws can exceed federal requirements, but cannot conflict with them. You can find the Texas Education Code at http://www.statutes.legis.state.tx.us/Index.aspx.

Special Education Cycle

TEAM WORK

What is IDEA?• Individuals with Disabilities Education Act (IDEA) – The

federal law that grants children with disabilities the right to receive “a free appropriate public education” (FAPE). IDEA is important because it provides the minimum requirements each state must meet in order to receive federal special education funds. The IDEA is divided into 4 parts:

• Part A – General Provisions, Definitions and Other Issues.

• Part B - Assistance for Education of All Children with Disabilities.

• Part C – Infants and Toddlers with Disabilities.

• Part D – National Activities to Improve Education of Children with Disabilities The law was reauthorized in 2004 and is referred to as the Individuals with Disabilities Education Improvement Act (IDEIA) of 2004. IDEA and IDEIA are used interchangeably when referring to the same law.

Abbreviations for Special Education

> Free Appropriate Public Education (FAPE) – Special education

and related services that have been provided at public expense,

under public supervision and direction and without charge; meet

the standards of the Texas Education Agency (TEA); include an

appropriate preschool, elementary school, or secondary school

education in the State involved; and are provided in conformity

with the individualized education program (IEP).

Abbreviations for Special Education

• Individualized Education Program (IEP) – A written statement for

each child with a disability that is developed, reviewed and revised

by the ARD committee, of which parents are active members. The

IEP includes the student's present levels of academic achievement

and functional performance, participation in State and district-

wide assessments, transition services, annual goals, special factors,

special education, related services, supplementary aids and

services, extended school year services, and least restrictive

environment. For more information, see Commissioner’s Rules

Guidance on Content of IEP. See also Standards Based IEPs.

Abbreviations for Special Education Cont:> Independent Educational Evaluation (IEE) – An evaluation

conducted by a qualified examiner who is not employed by the LEA responsible for the education of the child being evaluated. A parent has a right to request an IEE at public expense when the parent disagrees with an evaluation conducted or obtained by the LEA. When the parent asks for an IEE, the LEA must give the parent its evaluation criteria and where to get an IEE. The criteria must include the qualifications of the examiner and the location of the evaluation. The IEE must meet the same criteria the LEA uses for its own evaluations. The LEA does not have to pay for the IEE if it can show at a due process hearing that the LEA's evaluation is appropriate or if it can show that the IEE does not meet the LEA's criteria. The parent always has the right to get an IEE at the parent's expense. Regardless of who pays for it, the ARD committee must consider any IEE that meets its criteria.

Abbreviations for Special Education Cont:

• Learning Disability (LD)– A disorder in one or more of the basic

psychological processes involved in understanding or in using

language, spoken or written, which may manifest itself in an

imperfect ability to listen, think, speak, read, write, spell, or to do

mathematical calculations. The term includes such conditions as

perceptual handicaps, brain injury, minimal brain dysfunction,

dyslexia, and developmental aphasia. It does not include learning

problems that are primarily the result of visual, hearing, or motor

disabilities, of mental retardation, of emotional disturbance, or of

environmental, cultural, or economic disadvantage. (Referred to as

“Specific Learning Disability” under the IDEA.) See also Specific

Learning Disability.

Abbreviations for Special Education Cont:

Assessment Cycle

Assessment Decision: