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Individuals with Disabilities and the Law

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Alison Shirley

on 25 June 2013

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Transcript of Individuals with Disabilities and the Law

Individuals with Disabilities and the Law
Before Education for All Handicapped Children Act of 1975
-A million children with disabilities were excluded from public schools.

-More than half of the children with disabilities were not receiving appropriate educational services.
Individuals with Disabilities Education Act (IDEA)
-Eligibility: two-part test
-Fit one of these categories: mental retardation, hearing impairments, speech
or language impairments, visual impairments, serious emotional disturbance,
orthopedic impairments, autism, traumatic brain injury, other health
impairments, or specific learning disabilities.
-The child must need special education and related services.

-Identification and Evaluation of Students
-Parents, school personnel, or other persons that suspects a child needs
IDEA services may refer the child for an evaluation.
-In cases were parents refuse consent, a hearing officer determines the
child's need.
Individualized Education Program (IEP)
-The basic plan for providing special education and related services.
-child's present level of academic achievement & functional performances
-measurable goals
-related services provided
-Developed based on the child's strengths, parent concerns, & the results of
the evaluations.
Court Cases
-Pennsylvania Association for Retarded Children (PARC) v. Pennsylvania, (1972)
-Intellectually disabled students age 6-21 should be provided with access to a free public
education, and that children with disabilities should be placed in regular classrooms when
possible or in special classes when necessary.

-Mills v. Board of Education of the District of Columbia (1972)
-All school-aged children with disabilities must be provided with a free and adequate public
education

-Board of Education of the Hendrick Hudson Central School District v. Rowley (1982)
-The court case questioned the terms "appropriate" education. Amy Rowley was deaf. She
performed very well in school, but her parents felt that she should have a specific service of
a sign-language interpreter. The U.S. Supreme Court ruled that that service was not
needed to give her an "appropriate" education.
IDEA (Continued)
Appropriate Placements:
-Least Restricted Environment: Maximum extent appropriate,
children with disabilities are educated with children who are
not disabled
-Children should be placed in the schools they would attend
if not disabled, or as close as possible to their home.

Procedural Protections:
-IDEA provides significant procedural due process protection
-The school must have a model form available to assist
parents in filing an IDEA complaint.


-
IDEA (Continued)
Discipline:

-When school officials seek to suspend or expel a child
with a disability, the IDEA imposes significant additional
legal protections, which includes a "stay-put" provision to
protect them from unilateral removal from their current
placement.
-If the behavior is not a result of their disability, than the
same disciplinary measures can be applied to them that
would be applied to any child.
-If the discipline is for more than 10 days suspension or
even expulsion, special-education services cannot be
terminated.
-If the behavior is a result of their disability, than the IEP
team must implement a behavioral intervention plan.
Transition Services
1990 IDEA-transition services
Facilitates movement from school to post school activities
Transition Services Continued
1997 IDEA- required that a statement of transition service needs to be included in the IEP beginning at age 14.
Updated annually
Transition services should be based on individual students needs
strengths
preferences
interests
2004 IDEA- defined transition services as " designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child"
Graduation
The student must have completed an appropriate IEP
IDEA provides federal funds for the student through age 21
This may vary due to state laws
May be required to pass competency exams to graduate
Section 504

Cost Issues
school decision regardless of cost
FAPE may be denied because of excessive expenditures on a child
Rehabilitation Act of 1973- protects both handicapped children and adults from discrimination in institutions receiving federal funds
Accommodations
facilities made accessible
modifications made to academic requirements
modifications made to work conditions
Students and Section 504
protects from discrimination against or exclude handicapped students from participation in any school p[program or activity because they are handicapped.
students must be qualified for participation in particular school programs or activities
does not require unreasonable accommodations or preferential treatment
requires fair treatment
testing accommodations may be implemented or tests may be waivered depending the situation
students with disabilities can not be suspended or expelled for conduct related to their disability
Thomas v. Atascadero Unified School District
Grube v. Bethlehem Area School District
ADA- Americans with Disabilities Act
passed to provide for individuals with disabilities in employment, public accommodations, telecommunications along with other areas
similar to Section 504, broader coverage
Based on congress power to enforce 14th amendment
public and private sector protection
barrier free school facilities
Full transcript