LEGAL ISSUES IN ASSESSMENT CHAPTER TWO

CHAPTER OBJECTIVES The basic problems with respect to discrimination in special education The basic problems with respect to discrimination in special education The landmark court cases in special education The landmark court cases in special education Section 504 of the Vocational Rehabilitation Act Section 504 of the Vocational Rehabilitation Act P.L : The Family Education Rights and Privacy Act P.L : The Family Education Rights and Privacy Act P.L : The Education of All Handicapped Children’s Act P.L : The Education of All Handicapped Children’s Act The procedural safeguards under P.L The procedural safeguards under P.L

CHAPTER OBJECTIVES P.L : The Vocational Education Act of the Perkins Act P.L : The Vocational Education Act of the Perkins Act P.L : Education of the Handicapped Act Amendments of 1986 P.L : Education of the Handicapped Act Amendments of 1986 P.L : The Individuals with Disabilities Education Act of 1997 (IDEA ’97) P.L : The Individuals with Disabilities Education Act of 1997 (IDEA ’97) P.L : The Americans with Disabilities Act P.L : The Americans with Disabilities Act No Child Left Behind No Child Left Behind The role of state and federal government in establishing and implementing laws pertaining to special education. The role of state and federal government in establishing and implementing laws pertaining to special education.

Prior to 1975 The two types of discrimination most evident were: 1. The exclusion of students with disabilities altogether from school. 2. The classification of students with disabilities when, in actuality, no disability was present.

LANDMARK COURT CASES IN SPECIAL EDUCATION

BROWN v. BOARD OF EDUCATION of TOPEKA, KANSAS The court ruled that it was illegal practice under the Fourteenth Amendment to arbitrarily discriminate against any group of people. It then applied this principle to the schooling of children.

HOBSON v. HANSEN Court declared D.C. school system’s tracking system invalid, but allowed for special classes providing testing procedures were rigorous and that testing was frequent.

DIANA v. STATE BOARD OF EDUCATION California was mandated to correct bias in assessment procedures. 1. If a student’s primary language was not English… 2. Culturally unfair items… 3. Intelligence tests had to be developed…

PARC v. COMMONWEALTH OF PENNSYLVANIA Court ratified a consent agreement assuring that schools may not exclude students who have been classified with MR. The court mandated that all students must be provided with a free public education.

WYATT v. STICKNEY Court ruled that MR students in state institutions had a constitutional right to treatment.

GUADALUPE v. TEMPE ELEMENTARY SCHOOL Court agreement stipulated that children could not be placed in educable mentally retarded classes unless they scored lower that two standard deviations below the population mean on approved IQ test. Also stipulated that other assessment procedures must be used and parental permission must be obtained.

MILLS v. BOARD OF EDUCATION OF DISTRICT OF COLUMBIA Set further guidelines for federal legislation, including the rights of students with disabilities to have free public education, due process protection, and required services regardless of the school district’s financial capability.

PASE (Parents in Action on Special Education) v. JOSEPH P. HANNON Only 9 of 488 test questions found on an IQ test in question were found to be racially biased. IQ tests were found not to be discriminatory. As a result, the use of intelligence tests were deemed acceptable in psychoeducational assessment as long as they follow other federal laws.

LUKE S. and HANS S. v. NIX et al. – 1982 Court deemed limited 60 day evaluation period in Louisiana was not appropriate, and a greater prereferral assessment should be done before a referral is made.

BOARD of EDUCATION OF HENDRICK HUDSON SCHOOL DISTRICT v. ROWLEY Court determined that Amy Rowley was receiving an “appropriate” education. Schools do not have to provide the “best” education or even one to “maximize” a student’s potential. Programs need to be designed to enable the unique needs of the individual student, and the student needs to be making progress.

JOSE P. v. AMBACH Court informed New York City defendants that all evaluations must be “timely evaluations.” From the time of referral to evaluation there can be a maximum of 30 days elapse.

LARRY P. v. RILES IQ tests used for placing African American students in special education as MR were found to be discriminatory in 3 ways: 1. IQ tests measure achievement rather than ability. 2. IQ tests distribute the population in accordance to bell curve. 3. IQ tests lead to classification of more African American students than white students.

GEORGIA STATE CONFERENCE OF BRANCHES OF NAACP v. STATE OF GEORGIA Court did not find evidence of differential treatment of black and white students. Overrepresentation of black children in classes for the mentally retarded by itself was not sufficient to prove discrimination.

DANIEL R. R. v. STATE BOARD OF EDUCATION One of the leading cases opening the door to increased inclusion of children with disabilities in regular education classes One of the leading cases opening the door to increased inclusion of children with disabilities in regular education classes Noted that schools need not modify the program “beyond recognition” Noted that schools need not modify the program “beyond recognition” Also looks at whether it is appropriate for the child to be in regular education Also looks at whether it is appropriate for the child to be in regular education

GERSTMEYER v. HOWARD COUNTY PUBLIC SCHOOLS Howard School District was sued (and lost) for the costs of private education and tutoring caused by their delay in evaluating a student in a timely manner.

THE HISTORY OF FEDERAL LAGISLATION FOR INDIVIDUALS WITH DISABILITIES

Section 504 of the Vocational Rehabilitation Act Civil rights law enacted in 1973 Created to prevent discrimination against all individuals with disabilities in programs that receive federal funds. 504 ensures students of equal opportunity to all school activities. Plays a special role in assessment.

P.L : The Family Education Rights and Privacy Act (FERPA) Often referred to as the “Buckley Amendment” Often referred to as the “Buckley Amendment” Gives parents of students under 18, and students over 18, the right to examine records kept in the student’s personal file. Gives parents of students under 18, and students over 18, the right to examine records kept in the student’s personal file. Passed in 1974 to cover students, including those in postsecondary education Passed in 1974 to cover students, including those in postsecondary education

P.L : The Education of All Handicapped Children’s Act (EHA) Before any evaluations, testing, and placement can be done, there must be parental informed consent. Before any evaluations, testing, and placement can be done, there must be parental informed consent. All students in special education must be placed in the least restrictive environment. All students in special education must be placed in the least restrictive environment. All students in special education must have an individualized education program (IEP). All students in special education must have an individualized education program (IEP). The evaluation for placement in special education must be nondiscriminatory. The evaluation for placement in special education must be nondiscriminatory.

P.L : The Education of All Handicapped Children’s Act (EHA) The individual is assessed in all areas related to the suspected disability. The individual is assessed in all areas related to the suspected disability. Tests must be given and reports must be written in the native language. Tests must be given and reports must be written in the native language. Parents are entitled to due process. Parents are entitled to due process. Zero rejects for all students. Zero rejects for all students.

P.L : The Vocational Education Act of The Perkins Act States that individuals who are members of special populations must be provided with equal access to recruitment, enrollment, and placement activities in vocational education.

P.L : Education of the Handicapped Act Amendments of 1986 Congress amends the Education of All Handicapped Children’s Act to expand incentives for preschool education programs, early intervention, and transition programs.

Individuals with Disabilities Education Act- P.L “IDEA of 1990” The IDEA amendment to P.L requires a timely, comprehensive, multidisciplinary evaluation, including assessment activities related to the child and the child’s play. The IDEA amendment to P.L requires a timely, comprehensive, multidisciplinary evaluation, including assessment activities related to the child and the child’s play. A new program was established to help states develop and implement programs for early intervention services. A new program was established to help states develop and implement programs for early intervention services.

The Individuals with Disabilities Act of 1997 (IDEA ’97) Adding significantly to the provisions for very young children with disabilities and for students preparing to leave secondary school. Adding significantly to the provisions for very young children with disabilities and for students preparing to leave secondary school. Adding two new categories in special education- autism and traumatic brain injury Adding two new categories in special education- autism and traumatic brain injury Removing the term “handicapped” from the law and substituting the preferred term “disability” Removing the term “handicapped” from the law and substituting the preferred term “disability” Mandating transition services no later than the age of 16 years of age Mandating transition services no later than the age of 16 years of age

The Individuals with Disabilities Act of 1997 (IDEA ’97) Requiring further public commenting on defining attention deficit disorder in the law. Requiring further public commenting on defining attention deficit disorder in the law. Stating that states can be sued in federal courts for violating the laws. Stating that states can be sued in federal courts for violating the laws. Strengthened the least restrictive environment mandate Strengthened the least restrictive environment mandate Strengthened parents’ roles further Strengthened parents’ roles further

The Individuals with Disabilities Act of 1997 (IDEA ’97) Added related services to the types of services to be provided for transition services. Added related services to the types of services to be provided for transition services. Strengthened the obligations of other agencies to provide services to students while they are still in school. Strengthened the obligations of other agencies to provide services to students while they are still in school. Emphasized assistive technology Emphasized assistive technology Expands the number of members of the IEP team. Expands the number of members of the IEP team.

The Individuals with Disabilities Act of 1997 (IDEA ’97) Gives school authorities several options in disciplining a student with a disability. Gives school authorities several options in disciplining a student with a disability. Changed Part H, serving young children, to Part C Changed Part H, serving young children, to Part C Children and youth receiving special education have the right to receive the related services necessary to benefit from special education instruction. Children and youth receiving special education have the right to receive the related services necessary to benefit from special education instruction.

P.L IDEA 2004 We’ll look at some of the provisions included in Ch. 20 on another day We’ll look at some of the provisions included in Ch. 20 on another day

P.L The Americans with Disabilities Act Protects all individuals with disabilities from discrimination and requires most employers to make reasonable accommodations for them. Protects all individuals with disabilities from discrimination and requires most employers to make reasonable accommodations for them. Plays a very important role in transitional services for students with disabilities. Plays a very important role in transitional services for students with disabilities. Significant in making sure that all school buildings are accessible to people with disabilities. Significant in making sure that all school buildings are accessible to people with disabilities.

P.L NCLB Emphasizes early literacy Emphasizes early literacy School report cards School report cards Regular measurement of achievement grades 4-8 & a graduation test Regular measurement of achievement grades 4-8 & a graduation test Right to transfer from poorly performing schools Right to transfer from poorly performing schools More assessment information for school personnel More assessment information for school personnel

NCLB HQT HQT Title I grants for disadvantaged students Title I grants for disadvantaged students Greater flexibility in spending federal dollars at the state & local levels Greater flexibility in spending federal dollars at the state & local levels Supports demonstrably effective programs Supports demonstrably effective programs

State Laws Relating to Students with Disabilities State constitutions and laws may go beyond what is provided in the federal law, as long as there is no conflict between them. State constitutions and laws may go beyond what is provided in the federal law, as long as there is no conflict between them. Most laws providing for public education are generally state and local rather than federal. Most laws providing for public education are generally state and local rather than federal.

CHAPTER OBJECTIVES The basic problems with respect to discrimination in special education The basic problems with respect to discrimination in special education The landmark court cases in special education The landmark court cases in special education Section 504 of the Vocational Rehabilitation Act Section 504 of the Vocational Rehabilitation Act P.L : The Family Education Rights and Privacy Act P.L : The Family Education Rights and Privacy Act P.L : The Education of All Handicapped Children’s Act P.L : The Education of All Handicapped Children’s Act The procedural safeguards under P.L The procedural safeguards under P.L

CHAPTER OBJECTIVES P.L : The Vocational Education Act of the Perkins Act P.L : The Vocational Education Act of the Perkins Act P.L : Education of the Handicapped Act Amendments of 1986 P.L : Education of the Handicapped Act Amendments of 1986 P.L : The Individuals with Disabilities Education Act of 1997 (IDEA ’97) P.L : The Individuals with Disabilities Education Act of 1997 (IDEA ’97) P.L : The Americans with Disabilities Act P.L : The Americans with Disabilities Act The role of state and federal government in establishing and implementing laws pertaining to special education. The role of state and federal government in establishing and implementing laws pertaining to special education.

THE END