SPECIAL EDUCATION &

THE LAW

WHAT EVERY EDUCATOR SHOULD KNOW

A PRESENTATION BY:MARK LONG, GONZALO PITPIT, & MARK BARFIELD

Activator - Motivator

Scenario –

IEP Meeting at the Special Education Office

WHAT IS SPECIAL EDUCATION?

*A FREE APPROPRIATE PUBLIC EDUCATION (FAPE) TO ALL THOSE STUDENTS WITH SPECIAL NEEDS

*LEA’s must provide additionalservices, support, programs, placement, or accommodations, or those whoqualify as special needs.

SPECIAL NEEDS IDENTIFIED (IDEA) SPECIAL NEEDS ARE DEFINED BY THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA) AS ONE (OR

MORE) OF THE FOLLOWING

Autism,

deafness-blindness,

deafness,

emotional disturbance (SED, BEH, etc),

hearing impairment (ex-hearing aids, partial deafness),

mental retardation,

multiple disabilities,

orthopedic impairment (spinal bifida, cp, etc),

other health impairment,

specific learning disability (LD, dyslexia, etc),

speech or language impairment, traumatic brain injury (ex-memory loss, speech & hearing issues),

or visual impairment

INSIDE THE NUMBERS…

HOW NC BREAKS DOWN AUTISTIC (10,903) DEAF-BLIND (39) DEAFNESS (151) DEVELOPMENTAL DELAY (13,165) HEARING IMPAIRED (2,135) ID-MILD (15,780) ID-MODERAGE (3,662) ID-SEVERE (745) MULTIPLE DISABILITIES (2,333) ORTHOPEDIC IMPAIRMENT

(1,059) OTHER HEALTH (29,897) EMOTIONAL DISABILITY (7,190) LEARNING DISABILTY (63,148) SPEECH/LANG. IMPAIRMENT

(33,568) BRIAN INJURY (457) VISUAL IMPAIRMENT (739)

NCDPI (2009-2010)NUMBER OF STUDENTS

ENROLLED IN NC PUBLIC SCHOOLS (K-12)

1, 475,668

NCDPI (2009) ALSO REPORTS

THE FOLLOWING CASES OF SPECIAL EDUCATION

STUDENTS IN NORTH CAROLINA SCHOOL

SYSTEMS

184,971

THE LAWSPECIAL EDUCATION

LAWS

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SPECIAL EDUCATION LAWS OVER HISTORY

CIVIL RIGHTS MOVEMENT LED TO TITLE I IN 1965 (PROVIDE FUNDING

TO SCHOOLS WITH HIGH % OF POVERTY STRICKEN FAMILIES)

EDUCATION OF THE HANDICAPPED ACT (EHA) IN 1970 (FUNDING FOR PILOT PROGRAMS TO EDUCATE THE ‘HANDICAPPED’, FUNDING FOR HIGHER EDUCATION FOR SPECIAL EDUCATION TRAINING FOR FUTURE EDUCATORS)

P.L. 94-242 IN 1974 GAVE CHILDREN WITH DISABILITIES THE RIGHT TO A F.A.P.E. AND TO BE PLACED IN THE LEAST RESTRICTIVE ENVIRONMENT (LRE)

1986 EHA AMENDMENTS EXTENDED THE F.A.P.E. TO INFANTS AND TODDLERS WITH EARLY INTERVENTION PROGRAMS

IDEA - 1990

INDIVIDUALS WITH DISABILITIES ACT (1990) ‘HANDICAPPED’ TO ‘DISABILITY’ DISABILITIES RANGE WENT FROM 10 TOTAL TO

13 TOTAL STATES ARE REQUIRED TO ENSURE THAT

LOCAL SCHOOLS COMPLY WITH THE STATUTE REQUIREMENTS

IDEA - 1997 PRESIDENT CLINTON SIGNED SEVERAL

ADMENDMENTS TO THE IDEA OF 1990 AMENDMENTS ENCOURAGED MORE

MAINSTREAMED MEASURES FOR PLACEMENT PROCEDURAL SAFEGAURDS, DUE PROCESS

SAFEGUARDS INVOLVEMENT OF PARENTS MORE EXTENSIVE DISCIPLINE NOW FOCUSED ON FUNCTIONAL

AND BEHAVIORAL PLANS PERFORMANCE INDICATORS TO TRACK

PROGRESS OF DISABLED STUDENTS MODIFICATIONS FOR DISABLED STUDENTS

FOR STATE AND DISTRICT TESTING

IDEA – 2004

DEFINED HIGHLY QUALIFIED SPECIAL EDUCATORS

COMPLIANCE MONITORING TO FOCUS ON OUTCOMES

SIMPLIFIED DISCIPLINARY PROVISIONS BUT MAINTAINING M-D (MANIFESTATION DETERMINATION) AND F.A.P.E. REQUIREMENTS FOR MISBEHAVING STUDENTS

IDEA ELEMENTS

*PROVIDES ELIGIBLE CHILDREN WITH A RIGHT

TO F.A.P.E. *F.A.P.E. IS GOVERNED BY

AN IEP (INDIVIDUAL EDUCATION PLAN) AND

AN IEP TEAM IS PUT INTO PLACE TO ENSURE

PROPER PLACEMENT*EVALUATIONS ARE BASED

ON CHILD’S SPECIFIC NEDS

*PROCEDURAL SAFEGARDS FOR PARENTS

TO ENSURE MOST APPROPRIATE PLACEMENT

SECTION 504

REHABILITATION ACT AND AMERICANS WITH DISABILITIES ACT

SECTION 504

SECTION 504 IS A CIVIL RIGHTS LAW THAT PROHIBITS THOSE INSTITUTIONS RECEIVING FEDERAL FUNDS FROM DISCRIMINATING AGAINST PEOPLE WITH DISABILITES MORE BROAD BASED THAN IDEA AND

PROTECTS MORE STUDENTS STUDENTS PROTECTED UNDER IDEA ARE ALSO

PROTECTED UNDER SECTION 504 BUT NOT ALL SECTION 504 STUDENTS ARE PROTECTED UNDER IDEA

SECTION 504

TO QUALIFY FOR SECTION 504 STUDENTS MUST HAVE A PHYSICAL OR MENTAL IMPAIRMENT THAT SUBSTANIALLY LIMITS ONE OR MORE LIFE ACTIVITIES SEEING, HEARING, WALKING, TALKING =

MAJOR LIFE ACTIVITY SECTION 504 ARE STUDENTS WHO CAN MEET

ALL EDUCATION REQUIREMENTS WITH REASONABLE ACCOMODATIONS EX.- EXTENDED TIME, NOTE TAKERS, BRAILE,

INTERPRETER, ORALLY GIVING EXAMS

INDIVIDUALIZED EDUCATION PLAN (IEP)

IDENTIFYING STUDENTS WITH DISABILITIES LEA’S HAVE THE DUTY TO IDENTIFY CHILDREN

AGES 0-21 WHO ARE IN NEED OF SERVICES-KNOWN AS “CHILD FIND”

STUDENTS RECEIVING SERVICES UNDER IDEA MUST HAVE AN IEP, WHICH DEFINES HOW THE STUDENT WILL RECEIVE A F.A.P.E.

AN IEP IS DESIGNED TO MEET THE UNIQUE NEEDS OF THE DISABLED INDIVIDUAL, AND AN IEP TEAM IS FORMED TO ENSURE THE LEAST RESTRICTIVE ENVIRONMENT IEP-PARENTS, GEN ED TEACHER, DISTRICT

ADMINISTRATOR, SPECIAL ED TEACHER, OTHERS WITH EXPERTISE RELATIVE TO THE STUDENT’S NEEDS

IEP CONTINUED

SCHOOL OFFICIALS MUST ENSURE THAT PARENTS ARE INVOLVED IN THE IEP PLANNING, ADOPTION, AND IMPLEMENTION WRITTEN CONSENT MUST BE OBTAINED

BEFORE MOVING FORWARD WITH TESTING, IF PARENTS DO NOT RECEIVE PERMISSION OR REFUSE TO BE INVOLVED IN THE IEP MEETINGS, THEN DUE PROCESS ALLOWS THE SCHOOLS TO MOVE FORWARD

PROCEDURAL SAFEGUARDS HELP PROTECT PARENTS AND SCHOOLS UNDER IDEA

HOW MUCH DO YOU KNOW ABOUT SPECIAL EDUCATION

LAWS? CAN SCHOOL OFFICIALS REQUIRE STUDENTS

WITH DISABILITIES TO TAKE HIGH-STAKES TESTS?

WHO IS RESPONSIBLE FOR IMPLEMENTING THE IEP ONCE ADOPTED?

CAN YOU EXPEL A STUDENT WHO IS IN SPECIAL EDUCATION?

CAN PARENTS REQUEST THAT THEIR CHILDREN BE REMOVED FROM SPECIAL EDUCATION PROGRAMS?

QUICK REVIEW

WHAT IS SPECIAL EDUCATION? WHAT ARE THE THIRTEEN CATEGORIES OF

DISABILITIES/IMPAIRMENTS PROTECTED UNDER IDEA?

WHAT ARE THE KEY COMPONENTS TO SPECIAL EDUCATION UNDER IDEA 2004?

WHAT IS SECTION 504 AND HOW IS IT DIFFERENT THAN IDEA?

WHAT IS AN IEP AND WHO NEEDS ONE?