Welcome back!

The Current Structure of Special Education in Our Schools Subtitle: A brief history of legislation and litigation in the United State. Litigation = Structure

We’re going to work backwards in time Today’s lecture is about what currently is mandated for special education Monday’s lecture is about how –special education has changed since 1975 –Education in general has changed since 1954 –Education may change in the future

Two Laws that affect Special Educational Needs IDEA –Individuals with Disabilities in Education Act –1990 –1997 –2002 –2004 –2008 ADA –Americans with Disabilities Act –1990 –2008 ADAA (Americans with Disabilities Act Amendments)

ADAA: Americans with Disabilities Act Amendments 1990 Civil Rights law National Law to prevent discrimination of persons due to disability in every aspect of public life –Structural discrimination –Procedural discrimination

ADAA:continues Employment Transportation Public accommodations State/Local government Telecommunication situations

Look around you for the legacy of ADAA at IUP State University = public entity –Every aspect of everything done/repaired/built at IUP must conform to ADAA –Find at least 3 things in the Olive Mae that are a result of ADAA compliance. –Notice the ADAA accommodations in the public spaces of IUP.

Section 504 of ADAA Section 504 states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service.

504 plans Students who have a disability may not qualify for special educational services… …but may receive protections due to their disability. Let’s take a look at a 504 form, shall we? –What kinds of ‘protections’ might be needed?

When special educational services are needed IDEA laws come into effect. –Individual Education Plan/Program –IEP

IDEA: Individuals with Disabilities in Education Act 6 Principles –Zero Reject –Nondiscriminatory Evaluation –FAPE –LRE –Due Process –Parental Involvement

Zero Reject No child can be denied a K-12 education. –Matriculation –Expulsion

$20,000 question So what does a school district do with a child who – is violent? –Is severely/profoundly cognitively impaired? Physically impaired?

Nondiscriminatory Evaluation Child Study Performed by various professionals in the school system –School psychologist –Counselor –Therapists –Etc. These professionals, along with key teachers, parents and sometimes student, create the IEP ‘team’

FAPE Free and Appropriate Public Education What is the definition of ‘appropriate’? –An education where the student is receiving ‘benefit’ FAPE is provided individually through the IEP –Educational goals will be stated and measured in the IEP –All teachers are required to provide the adaptations stated in IEP documents

LRE Least Restrictive Environment –To the maximum extent possible, students with disabilities will be educated with students who are not disabled. –The environment where a student learns the best.

Procedural Due Process & Parental Involvement Parents (or student) may challenge the IEP recommendations –‘challenge’ can become ‘litigation’ Parents are automatically assumed to be part of the IEP team.

In review Zero Reject Nondiscriminatory evaluation FAPE LRE Due Process Parental Involvement

NCLB in 2001 Annual Yearly Progress (AYP) in math and reading – school year –Federal Funding is tied to AYP –Wanna have some rhetorical fun? Google ‘educational funding’ and see what comes up Education%20Funding%20System%20Explained% pdfhttp:// Education%20Funding%20System%20Explained% pdf lhttp://www2.ed.gov/about/overview/fed/10facts/index.htm l

RTTT in 2009

RTI Responsiveness to Intervention –Silver bullet? Or –A way to circumvent IEPs?

Just for you! college.html