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Ethical-Legal Issues in the Education of Students with Disabilities Under IDEA

Chapter 4 in "Ethics and Law"

Sharon Deacon

on 19 October 2012

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Transcript of Ethical-Legal Issues in the Education of Students with Disabilities Under IDEA

IDEA IDEA Major Provisions of IDEA Procedural
Safeguard FAPE Individualized Education Program IDEA part B continued A. General Provisions
B. Assistance for Education of All
Children with Disabilities
C. Infants and Toddlers with
D. National Activities to Improve
Education of Children with
Disabilities Parental Consent IEP must be developed and lawful
Must be eligible to have special education services
Schools choose methodology
Extended school year must be offered
Must ensure no harassment is endured prevents exclusion of children with disabilities
yearly review protects against misclassification
encourages parent involvement Ethical-Legal Issues in the Education of Students with Disabilities under IDEA What does IDEA
stand for? Individuals with Disabilities Education Improvement Act 1970 2010 1990 1972:
-PARC vs. Commonwealth
-Mills vs. Board of Education

(Education is protected by the 14th amendment) Did you know?

Prior to 1975 School
Psychologists evaluated
children to relieve them of
school attendence Pennsylvania Association for Retarded Children (PARC) vs Commonwealth of Pennsylvania (1972) - Parents of children with Mental Retardation brought law suits against Pennsylvania because their children denied access to public education. Mills vs. Board of Education of
District of Columbia (1972) - Suit filed in behalf of seven children
with behavioral, emotional, and learning impairments in the District of Columbia.

- 36 right-to-education cases were soon
filed 1975: Most important Federal Statute: Education for All Handicapped Children Act of 1975
(Signed into law by President Gerald Ford) 1990: Individuals with
Disabilities Education
Act (Renamed by President George H. W. Bush 2004: Individuals with Disabilities Education Improvement Act of 2004. (Signed into law by President George W. Bush) State Plans and Single-Agency Responsibility Children Eligible For Services Early Intervention Services 2004 IDEA Amendment Allowed Districts to use up to 15% of federal special education funding to create & implement early intervention services focus on kindergarten to 3rd grade Provided services to those not identified as special education (problem behavior) Used to assist student before problem worsened Evaluation Procedures Due Process 14th Amendment Protects from "arbitrary or unwanted stigmatization" Schools may not assign negative label without sufficient evidence Equal Protection Protects ethnic minority students prejudices in the classification system for special education IDEA requires states to collect data to determine if such prejudices exist in identified/placement of children with disabilities Conduct of Evaluation IDEA Part B requires SEA/LEA to institute procedures for children that may have a disability Student Evaluations and Eligibility Determination LEA must use various assessments related to all areas of a specific disability After testing, a team of certified professionals & the parent determine whether child has disability IEP team reviews child's data and identify information necessary to: Reevaluations Determine whether child still has disability
Evaluate academic achievement & needs
If child still needs services
Changes necessary to achieve IEP goals Placements LEA mandatory to make placement decision by group familiar with child’s needs (professionals, parents)

Keeping in mind evaluation data and placement options must be held within 30 days of child identified as requiring special needs education/related services IEP Meetings •Schools must have IEP meeting for each child with disability at beginning of every year Team must consider:
strengths of child
parent’s concerns
results of evaluations
academic, functional, development needs Development of IEP Content of the IEP present levels of academic achievements if applicable
goals for state/district assessments
progress in meeting goals
special education supplementary aids & services
explanation of gen. ed. activities child will/will not
individual accommodations
dates for beginning and future modifications to plan/services Implementation of IEP •Available to teachers & services providers with responsibilities expected
•Not held responsible if students fails IEP goals
•School accountable for providing special ed. services in IEP as soon as possible
•Reviewed/ revised annually & reevaluated once every three years Presentation by:
Myra Thomas
Sarah Drought
Sharon Deacon Jacob, S., Decker, D. M., & Hartshorne, T. S.
(2011). Ethics and law for school
psychologists. (6th ed., pp. 79-123).
Hoboken, New Jersey: Wiley. (cc) image by jantik on Flickr Least Restrictive Environment

Prior to 1975 children with disabilities were excluded from regular education classrooms Sacramento City Unified School District, Board of Education
versus Rachel H. (1)
the educational benefits available in a general education classroom, supplemented with appropriate aids and services, as compared with the educational benefits of a special education classroom
the nonacademic benefits of interaction with children who are not disabled
the effect of the child’s presence on a teacher and other children in the classroom
the cost of educated the child in a general education classroom can be performed by an average person
minimal level of care
psychological services Medicaid and Private Insurance Medical Services States may set aside 10% of funds for reimbursement purposes of children with needs higher than 3 times the average child’s funds
HHS Policy Clarification
Parent consent must be obtained to bill
Schools may not require parents to enroll in a public insurance policy
School is responsible for copays and/ or deductibles prior written notice
procedural safeguard notice Prior Written Notice obtained before preplacement evaluation and initial placement, and reevaluation

If a parent refuses then a mediation can be used or hearing to override parent’s refusal of consent Procedural Safeguard Notice educational evaluations
access to education records
presenting or resolving complaints
availability of meds
where a child is placed during a pending process complaint
hearings for students who may be placed in an alternative setting
due process complaint Due Process Complaint Parental right for a due process complaint Infants and Toddlers with Disabilities Individual Family Service Plan Resolution meetings Must be held within 15 days of due process complaint
If not resolved must go on to a due process hearing Due Process Hearings A due process hearing is held if the resolution meeting did not solve the problem
School must inform parent of free or low cost legal services
Must be held at a reasonable time and place
Parents have the right to recovery of attorney fees Grants are provided to states for a statewide early intervention program
Enhances development of infants and toddlers with disabilities
Enhance the needs of all children
A lead agency is appointed by the state
Child Find
Children eligible include (a) developmental delays as measured by diagnostic instruments (b) diagnosed with physical, mental condition that may result in developmental delay
This can be from biological or environmental causes
An IFSP includes;
present levels of physical, cognitive, communication, social, emotional, and adaptive development
family’s resources, priorities, and concerns relating to enhancing development of toddler
expected outcomes to be achieved by toddler or infant and the family as well as criteria for procedures, timelines
frequency and intensity of procedures needed to meet needs
medical needs are not provided under part C IDEA
projection date of completion of services
ID of service provider
steps to aid in transition to preschool or other appropriate services Sacramento school district had placed Rachel in a special education classroom full time
Rachel's parents appealed this decision
Four-part test was formulated to ensure LRE was upheld Congress's attempts to address the needs of pupils with disbilities took two routes:
1. The passage of antidiscrimination legislation
2. The amendment of federal education laws. State Plans - To receive funds, IDEA requires each state education
agency (SEA) to have on file with the U.S. Department of Education (DOE) a plan that describes state policies and procedures
- SEA is not required to provide special education and
other services to children if the age group is in conflict with the state law or practice.
- Federal funds provided if the state had an
acceptable state plan on file with the DOE prior to the 2004 amendments Single-Agency Responsibility This aspect of the law has several implications.
1. IDEA-Part B allows the SEA to delegate the
responsibility to provide special education and related services to intermediate school districts and local educational agencies (LEAs)
2. SEA ensures IDEA-Part B rights and
protections to children with disabilities
3. SEA ensures that special education and
other services are available. Unilateral Placement by Parents
- What if LEA makes available a free appropriate public
education fora child but the parents choose to place the child in private school...
- LEA makes the final decision with respect to services to be
provided to eligible children
- Parents have, at times recovered private school tuition
costs from the SEA or LEA through administrative hearings or lawsuits....
- Cost of reimbursement may be reduced or denied if... Zero Reject Principle Child Find It is necessary for the SEA to actively seek to locate all children with disabilities within the state Severity of the Disability - SEA must provide full educational
opportunity to all children with disabilities
- Timothy W. vs. Rochester New
Hampshire School District (1989) Exception to the Zero
Reject Principle - In the past, if parents failed to consent
to the initial special education placement...
- Parents now have "the ultimate choice"
- If parent withholds consent, the school
will not be in violation of the requirement Identification of a pupil in needing of special education is a two point determination:
1. A disability in obtaining an education must
be documented
2. A need for special education must be
established - Refer to pages 88-89 in the text for Definitions
of disability terms
- States may use the term developmental delay
for a 3 - 9 year old who is experiencing delays in one or more areas Mental Retardation - Significantly subaverage
- Under IDEA-Part B, eligibility for special
education is determined by a team of qualified professionals and the parents of the child. Specific Learning Disability - A disorder in one or more of the basic
psychological processes
- Using a Response to Intervention model, the qualifications for a learning disability is....
- Regulations can be found on pages 91-92
in the text
- The regulations require an observation of
the child in many different aspects. This group report of these observations must include a statement covering seven items.
1.Inability to learn unexplained by intellectual, sensory or health issues
2.Inability to create and maintain interpersonal relationships with peers or school staff
3.Inappropriate behavioral responses or feelings to typical situations
4.Overall feelings of unhappiness or depression
5.Developing physical symptoms related to fear of personal/school problems Emotional Disturbance Other Health Impairment 1.Result of chronic/acute health problem
2.Negatively impacts child’s educational performance

It must be a physical condition.
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