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LAW REVIEW By Monica Soto SERP301A September 11, 2006
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P.L. 94-142 P.L. 99- 457 IDEA SECTION 504
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Education For all Handicapped Children Act : P.L. 94-142 This act was enacted by the United States Congress in 1975. The purpose of this law is that all disabled children should be provided with a free appropriate public education which emphasizes on special education and other related services to meet their needs and also to assure that the rights of disabled children and their parents or guardians are protected. Four Major components A right to a free and appropriate public education: This means that all disabled children have the right to be provided with a free appropriate public education with the “Least Restrictive Environment” that is all public schools should provide the necessary learning aids, testing modifications and other educational accommodations to children with disabilities. Nondiscriminatory Evaluation Procedures: This part of the act focuses on providing disabled children a fair evaluation, regardless of the severity of their disability and to provide a good educational plan to meet their learning needs. Procedural due process: Parents have the right to be notified of any changes in their children’s education, and parents have the right to dispute over the school’s decisions. The EHA has an administrative framework that parents can use to appeal their disputes. Individualized Education Program (IEP): Each child with a disability should be provided with a written statement that describes the present levels of educational performance, a statement with his annual goals, the specific educational services to be provided to such child, and the extent to which such child will be able to participate in regular educational programs. This written statement should be developed in a meeting held by a representative of the local educational agency were the teacher, the parents or guardians of such child should participate to develop a program that meets the learning needs of the child
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Education of the Handicapped Act Amendments: P.L. 99-457 This law extends the rights of P. L. 94-142 to preschool-age children 3-5 years old. The handicapped infants and toddlers section of the legislation creates a discretionary program to help the states to plan, develop, and implement a statewide comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for all eligible infants and toddlers from birth to age 3 years who are disabled and including their families. Extended Rights & Protections of 94-142 to Children ages 3 through 5: The rights and services for 3-5 year old children under P. L. 94-142 and P. L. 99-457 are the same as those for children age 5-21. Most of the states require that services be provided individually or in small groups especially for the 3-5 population. Services May Include Observation and monitoring of the child. Activities develop to conform with the child’s IEP and to enhance the child’s development. Consultation with family, preschool teachers and other service providers. Assistance to parents in coordinating services. Opportunities for the child to develop play and pre-academic skills. Access to developmentally appropriate equipment and specialized materials. New State grand funds for early intervention from birth through age 2: P. L. 99-457 makes grants available to states to extend the protection and services of P. L. 94-142 to all three-five year old children who need special education. Most family focused; multi-disciplinary: The difference of this law is that it extends beyond schools, for example infants from birth through age 2, who are at risk of having to develop mental delays if early intervention are not provided, it is suggested that this services be provided in other agencies, such as hospitals, health clinics, child welfare agencies, and community mental health centers. Were the infants, toddler, and their families can benefit from these services.
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IDEA (Individuals with Disabilities Education Act) This federal law was enacted in 1990 and reauthorized in 1997. It is designed to protect the rights of students with disabilities by ensuring that everyone receives a free appropriate public education (FAPE), regardless of ability. Further more, IDEA strives not only to grand equal access to students with disabilities, but also to provide additional special education services and procedural safeguards. In order to qualify for these services, a student must have a disability that adversely affects her or his educational performance. Children between the ages 3-21 who require special education services because of their disability can qualify for services under IDEA. The categories of disabilities are: Autism, deaf/blind, deafness, hearing impaired, mental retardation, multiple disabilities and other health impairment. Children who qualify under IDEA have to be provided with services and accommodations, individualized to their needs. A child who is suspected of having a disability a comprehensive evaluation should be provided at no cost to parents. If the child is determined to need special education and related services an Individual Education Plan (IEP) should be implemented based on his or her specific needs.
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Rehabilitation Act: Section 504 This section provides rights to students for issues outside of the school day such as extracurricular activities, sports, and after school care. What differentiates Section 504 from the other laws, is that it not only applies to children, it also applies for adults and offer assistance to those not eligible for services through IDEA. If a student is eligible for services under this section an accommodation plan should be provided, and parents, teachers, and school staff should take part in the process. How do you feel these laws will specifically affect you as a general educator? I don’t believe it will affect me as a general educator, I feel it is my responsibility to stay up to date with all laws, regulations, school ethics, or any other rule that may be related to education in general.
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REFERENCES Education for All Handicapped Children. Public Law 94-142 (S. 6); Nov. 29, 1975. Sept. 6, 2006 http://asclepius.com/angel/special.html http://asclepius.com/angel/special.html Education for All Handicapped Children Act. From Wikipedia, the free encyclopedia. Sept. 6, 2006 http://en.wikipedia.org/wiki/Education_for_All_Handicapped_Children_Act http://en.wikipedia.org/wiki/Education_for_All_Handicapped_Children_Act Bishop, Kathleen Kirk1 Rounds, Kathleen2 Weil, Marie3. “P.L. 99-457: PREPARATION FOR SOCIAL WORK PRACTICE WITH INFANTS AND TODDLERS WITH DISABILITIES AND THEIR FAMILIES.” Journal of Social Work Education Winter93: p36-45. Academic Search Premier. EBSCO. Sept. 6, 2006 http://web.ebscohost.com.ezproxy.library.arizona.edu/ehost/detail?vid=32&hid=6&sid=63f34385-3657-4b85-93ad- 9f71dfe6c238%40sessionmgr7 http://web.ebscohost.com.ezproxy.library.arizona.edu/ehost/detail?vid=32&hid=6&sid=63f34385-3657-4b85-93ad- 9f71dfe6c238%40sessionmgr7 THE FEDERAL LAW THAT REQUIRES PRESCHOOL EDUCATION SERVICES. Preschool (3-5) Education Services. Sept. 6, 2006 http://members.tripod.com/~lilly6/3_5.htmlhttp://members.tripod.com/~lilly6/3_5.html IDEA (The Individual with Disabilities Education Act) National Resource Center on AD/HD A Program of Chadd. Sept. 6, 2006 http://www.help4adhd.org/en/education/rights/ideahttp://www.help4adhd.org/en/education/rights/idea Individuals with Disabilities Education Act. From Wikipedia, the free encyclopedia. Sept. 6, 2006 http://en.wikipedia.org/wiki/Individuals_with_Disabilities_Education_Act http://en.wikipedia.org/wiki/Individuals_with_Disabilities_Education_Act 1973 Rehabilitation Act. From Wikipedia, the free encyclopedia (Redirected from Section 504). Sept. 6, 2006 http://en.wikipedia.org/wiki/Section_504Section 504http://en.wikipedia.org/wiki/Section_504
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