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Published byBritton Morrison Modified over 9 years ago
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Legislation and Litigation Adapted from presentation created by Bob Esposito
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A Brief Timeline Early 1900s Segregated services for individuals with severe disabilities No services for individuals with mild-moderate disabilities 1960s President Kennedy passed bill to provide $ for research- specifically MR and deafness Civil Rights Movement Creation of CEC and ARC Development of parent advisory groups drove changes Idea for LRE emerged Funding to support leadership training in universities
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1970s Movement of “normalization” Push for individuals with severe MR to be seen as normal – idea emerged on west coast Deinstitutionalization Movement to close all institutions specifically for those with mental illness and MR However, institutions still remained into the 80s
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Key Litigation Brown vs. Board of Education (Topeka, Kansas) (1954) rules against “separate but equal” schools Overturned previous legislation for segregation P.A.R.C.( Penn. Assoc.for Retarded Citizens ) vs. Commonwealth of PA (1971) Class action suit FAPE must be made available to individuals demonstrating need Mills vs. D.C. (1972) Case determined that lack of funding was not a good enough reason to send special education students to MD and VA D.C. ruled to provide services
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1975 P.L. 94-142 Education for All Handicapped Children Act (EHA) extends Civil Rights to the Handicapped Included a matching funds provision (feds to match all state monies) States to provide FAPE by Sept. 1978 Upon signing, President Ford said, “…one piece of legislation we will never be able to comply with.” Early 1980s Beginnings of Integration; Resource Rooms; Pull-Out Programs 1990s Inclusion Push-In Programs Individuals with Disabilities Education Act (IDEA) EHA became IDEA Americans with Disabilities Act (ADA)
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Least Restrictive Environment Most Normal Environment Requires school districts to offer a continuum of placement options Must not assign a child to a more restrictive placement unless it can be demonstrated that it will result in greater gains than a less restrictive setting.
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Due Process Students and parents rights must be protected at all stages of Sp. Ed. Parents must be notified in advance of a change in placement or evaluation Parents have the right to review school records and request information be changed Parents have right to present complaints Parents have the right to an Impartial Hearing Mediation is 1 st step followed by a due process hearing with an disinterested hearing officer. Ruling can be appealed to a higher court
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P.L. 99-457 Passed in 1986 as an amendment to P.L. 94-142 Established a further priority for children with handicaps ages 3 to 5 to be served
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Individuals with Disabilities Education Act (1990) Replaced P.L. 94-142 Changed handicap to disability Added Autism & Traumatic Brain Injury “Person first” terminology Emphasis on “Transition” to promote movement from school to work Emphasis on Assistive Technology
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I.D.E.A. 1997 Free appropriate public education Nondiscriminatory Evaluation must be fairly and accurately evaluated Tests must be free of bias Tests administered by trained professionals in a proven and appropriate manner Tests with parental consent Zero reject & child find required PLUS….
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A Few More Key ‘97 Changes IEP Goals & Objectives must relate to the K-12 curriculum Progress Reporting must be ongoing and on the same frequency as for non- disabled children A Regular Education Teacher must be a member of the IEP Team
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I.D.E.A. 2004 Improvements in regulations implementing & strengthening services for infants, toddlers and their families Ensure that every child with a disability has available a free appropriate public education Of high quality Designed to meet the high standards reflected in No Child Left Behind Act of 2001 More detailed presentation to follow
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