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Legal and Ethical Issues
Chapter 2 Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved. Terry Overton Assessing Learners with Special Needs, 5e
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Origins of Law Federal Law Federal Regulations State Law
State Regulations Local Education Agency Policy Interpretation of Law Through Litigation Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved. Terry Overton Assessing Learners with Special Needs, 5e
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Current Federal Laws of
Special and General Education P.L Now IDEA 2004 Amendments of IDEA Section 504 Early Childhood No Child Left Behind Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved. Terry Overton Assessing Learners with Special Needs, 5e
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Disability Litigation Begins
Extended the right to special education to children of all disabilities 1972 Mills v. Board of Education Tests used for eligibility for special education must be non-discriminatory Larry P. v. Riles Guaranteed special education for children with mental retardation PARC Basis for future rulings that children with disabilities cannot be excluded from school 1954 Brown v. Board of Education Importance Date Case
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Prevalence
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Major Components of IDEA
Zero Reject Free Appropriate Public Education Non-Discriminatory Assessment Due Process Least Restrictive Environment Individualized Education Program Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved. Terry Overton Assessing Learners with Special Needs, 5e
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Non-discriminatory Assessment
Parental consent and involvement Prereferral interventions before referral Multiple measures used Using valid instruments in manner for which they were designed Use of culturally and linguistically fair methods Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved. Terry Overton Assessing Learners with Special Needs, 5e
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Changes in the IDEA 2004 Amendments
More emphasis on accountability of achievement of students in special education Reduction in unnecessary paper work for teachers Reduction of non-instructional time spent by teachers Provision of additional means of resolving disagreements between parents and schools Increasing early intervention activities and aligning with No Child Left Behind Requiring highly qualified teachers Improvement of previous discipline policies Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved. Terry Overton Assessing Learners with Special Needs, 5e
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Changes in the IDEA Amendments Continued
Flexibility in spending with up to 15% of IDEA funds to be used on early intervention activities. Transition needs must be addressed in the child’s IEP which is in effect when the child is 16 years of age. Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved. Terry Overton Assessing Learners with Special Needs, 5e
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* Protects persons with disabilities and other
Section 504 * A civil rights law * Protects persons with disabilities and other conditions from discrimination in programs receiving federal assistance * Requires that schools make reasonable accommodations to ensure that discrimination does not occur * Requires periodic evaluations * Has grievance procedures Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved. Terry Overton Assessing Learners with Special Needs, 5e
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PL Early Childhood Set forth the guidelines for services for infants and toddlers. Many of these guidelines were incorporated into the 1997 Amendments of IDEA. Family provides direction for the assessment plan. Individual Family Service Plan must be designed for each infant or toddler. Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved. Terry Overton Assessing Learners with Special Needs, 5e
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No Child Left Behind *Requires accountability for the education of
all children *Set forth the Adequate Yearly Progress Standard *Emphasis on Early Intervention *Requires highly qualified teachers Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved. Terry Overton Assessing Learners with Special Needs, 5e
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IDEA 2004 and Evaluation Procedures
Schools are required to conduct full individual evaluations before a student can receive special education support services. Schools are required to conduct reevaluations as needed to determine when services need adjustment or to determine when a child no longer requires special education support. Initial referrals for evaluation may be made by the parent or by the school. Generally, parents must consent to evaluations. Evaluations must take place within 60 days or within the timeframe established by the state. Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved. Terry Overton Assessing Learners with Special Needs, 5e
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IDEA 2004 and Evaluation Procedure, Continued
A reevaluation must be completed following the referral if the LEA determines that the child’s academic performance, behavior, or functional skills or abilities warrant a reevaluation. The reevaluation is not required when both the parent and the LEA agree it is not needed. *When a parent refuses consent for an initial evaluation,the LEA may use due process procedures to complete the evaluation. Should the child be found eligible, parents must consent to special education services or those services cannot be provided. Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved. Terry Overton Assessing Learners with Special Needs, 5e
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IDEA 2004 and Evaluation Procedures, Cont.
Should parents refuse consent, the child will not receive services and the LEA is not obligated to provide FAPE. When a child is a ward of the state or an unaccompanied homeless child, efforts should be made to locate parents for consent. When the parents cannot be located or the parents’ rights have been terminated, parental consent is not required for evaluation. Multiple measures must be used for the evaluation. All assessment measures must be technically sound. Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved. Terry Overton Assessing Learners with Special Needs, 5e
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IDEA 2004 and Evaluation Procedures, Cont.
All tests and assessments must be provided in the language and mode most likely to yield information about what the child knows and can do academically, developmentally, and functionally unless it is not feasible to do so. Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved. Terry Overton Assessing Learners with Special Needs, 5e
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IDEA 2004: Eligibility and IEPs
Eligibility must be determined by a team of professionals. Eligibility cannot be based on a lack of instruction in reading or math. Eligibility cannot be based on a child’s limited English proficiency. *In determining eligibility for services for learning disabilities, the LEA shall not be required to take into consideration whether a child has a severe discrepancy between cognitive and academic ability. Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved. Terry Overton Assessing Learners with Special Needs, 5e
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IDEA 2004: Eligibility and IEPs
A local education agency may use a process that determines if the child responds to scientific, research-based intervention as a part of the evaluation procedures to determine if a child has a learning disability. IEPs shall include a statement of present level of academic and functional achievement. IEPs shall include a statement of measurable annual academic and functional goals that address how the child will make progress toward general education curriculum. IEPs shall include a statement of the child’s participation with nondisabled students. Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved. Terry Overton Assessing Learners with Special Needs, 5e
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IDEA 2004: Eligibility and IEPs, Continued
IEPs shall include a statement of the special education and related services that will be provided to the student and where possible, these services should be based on peer reviewed research. IEPs are required to address benchmarks and short-term objectives only for students who are the most severely cognitively disabled. IEPs must contained detailed statements regarding any accommodations needed for statewide assessments to assess achievement. When the team determines that a student requires an alternative assessment, the IEP must explain why the alternative assessment is necessary and why a specific alternative assessment is appropriate. Copyright ©2006 by Pearson Education, Inc. Upper Saddle River, New Jersey All rights reserved. Terry Overton Assessing Learners with Special Needs, 5e
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