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Legal Aspects of Special Education and Social Foundations The Individuals with Disabilities Education Act
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Historical Development State and local control of educating students with disabilities ESEA of ‘65 began federal funding initiatives EHA signed in 1970, amended in ‘75 - EAHCA - 94-142 Amended in 1990 and became IDEA - 101-476 State and local control of educating students with disabilities ESEA of ‘65 began federal funding initiatives EHA signed in 1970, amended in ‘75 - EAHCA - 94-142 Amended in 1990 and became IDEA - 101-476
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Education of the Handicapped Act Consolidation of laws Increased federal funding Funded higher education Funded regional centers Consolidation of laws Increased federal funding Funded higher education Funded regional centers
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Legislation of “72 PARC v. Pennsylvania and Mills v. D.C. Board of Education Access to public education Procedural rights Led to amendments Full opportunities Procedural safeguards LRE PARC v. Pennsylvania and Mills v. D.C. Board of Education Access to public education Procedural rights Led to amendments Full opportunities Procedural safeguards LRE
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Amendments of ‘75 High level of exclusion Inadequate programming Four bills introduced Extension of EHA Research autism Preschool screening Comprehensive education FAPE for all by 1976 High level of exclusion Inadequate programming Four bills introduced Extension of EHA Research autism Preschool screening Comprehensive education FAPE for all by 1976
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Congressional Statement Disability is part of human experience Does not diminish right to participate or contribute National policy assures education Equal opportunity Full participation Independent living Self-sufficiency Disability is part of human experience Does not diminish right to participate or contribute National policy assures education Equal opportunity Full participation Independent living Self-sufficiency
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Limitations Increased exclusion Inadequate services No diagnosis Lack of resources Increased exclusion Inadequate services No diagnosis Lack of resources
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Purpose FAPE - Special education and related services Preparation continued education Employment independent living Ensure rights Assist agencies FAPE - Special education and related services Preparation continued education Employment independent living Ensure rights Assist agencies
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Procedural Rights Individualization Categorical approach Educational impact Individualization Categorical approach Educational impact
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Categories Autism Deaf-blindness Deafness Hearing impairment Mental retardation Multiple disabilities Orthopedic impairments Autism Deaf-blindness Deafness Hearing impairment Mental retardation Multiple disabilities Orthopedic impairments
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Categories Other health impairmentt Emotional disturbance Specific learning disability Speech or language impairment Traumatic brain injury Visual impairment, including blindness Other health impairmentt Emotional disturbance Specific learning disability Speech or language impairment Traumatic brain injury Visual impairment, including blindness
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Age requirements Special education and related services required for ages 3-21 Identification and evaluation for ages 3-5 and 18-21 All states required for ages 6-17, optional if not required for ages 3-5 and 18-21 if education is not required for non-disabled Special education and related services required for ages 3-21 Identification and evaluation for ages 3-5 and 18-21 All states required for ages 6-17, optional if not required for ages 3-5 and 18-21 if education is not required for non-disabled
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Amendments 1986 - 99-457 - ITDA - incentive grants provided for ages B-2 Transitional plan required when child turns 3 Interagency collaboration required Targeted population Developmental delays Diagnosed condition 1986 - 99-457 - ITDA - incentive grants provided for ages B-2 Transitional plan required when child turns 3 Interagency collaboration required Targeted population Developmental delays Diagnosed condition
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Four Subchapters General provisions Plan for assistance Grants to support B-2 Improvement plan General provisions Plan for assistance Grants to support B-2 Improvement plan
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Part A Findings Definitions “Highly qualified teacher” Goals of IDEA Findings Definitions “Highly qualified teacher” Goals of IDEA
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Part B Educational requirements State grant program (plan for FAPE) Procedural safeguards Provisions Educational requirements State grant program (plan for FAPE) Procedural safeguards Provisions
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Provisions Zero reject Identification and Evaluation FAPE LRE Procedural safeguards Technology-related assistance Personnel development Parental participation Zero reject Identification and Evaluation FAPE LRE Procedural safeguards Technology-related assistance Personnel development Parental participation
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Zero reject All qualifying students Child Find Including public and private Not parents responsibility All qualifying students Child Find Including public and private Not parents responsibility
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Identification and Evaluation Ensure appropriate evaluation Protection in Evaluation Procedures (PEP) Protects against inappropriate testing or improper placement Ensures timeline Ensure appropriate evaluation Protection in Evaluation Procedures (PEP) Protects against inappropriate testing or improper placement Ensures timeline
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Free Appropriate Public Education Parents participation Public expense Standards of SEA Appropriate education Meet IEP requirements Parents participation Public expense Standards of SEA Appropriate education Meet IEP requirements
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Least Restrictive Environment Educated with peers to maximum extent Removed to separate classrooms only if appropriate education can be met secondary to disability Inclusive opportunities must be provided when appropriate Educated with peers to maximum extent Removed to separate classrooms only if appropriate education can be met secondary to disability Inclusive opportunities must be provided when appropriate
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Procedural Safeguards Parents are EQUAL participants Four components General safeguards Notice Consent Independent educational evaluation Surrogate parent Dispute resolution - SEA or LEA “Stay-put provision” Parents are EQUAL participants Four components General safeguards Notice Consent Independent educational evaluation Surrogate parent Dispute resolution - SEA or LEA “Stay-put provision”
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Technology-Related Assistanced Devices Services Devices Services
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Personnel Development Development grant Highly qualified standards Development grant Highly qualified standards
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Parent Participation
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