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Special Education Law Resource Guide
Special Education Law Resource Guide
Week 1 Terms:
IDEA- Individuals with Disabilities Education Act
A federal law (also referred to as EAHCA) permits the right to education for all individuals
with disabilities
Assists individuals with disabilities in giving guardian(s) a voice in all educational
decisions
IDEA safeguards that individuals with disabilities will receive the educational services and
tools appropriate for their unique needs, as well as ensuring each student's needs and
potential will be met to the fullest in the present and future.
Came from constitutional principles of equal protection and due process. IDEA comprises
of the following 4 principles:
1. Provided to all individuals who meet age and eligibility requirements
2. Inclusion: Least restricted environment (LRE) student with disabilities should be
educated to the most extent appropriate for each child's needs
3. IEP
4. Education is FREE
In 1997, IDEA was heightened by including the expectations and outcomes for individuals
with disabilities. The foundation of IDEA never changed, but the outcomes and
expectations sought improvement.
Week 2 Terms:
LRE least restricted environment
All individuals should be included in the general education environment to the most
extent possible.
OHI Other Health Impaired
There are some gaps present in IDEA coverage for individuals with disabilities in terms of
exceptional needs. Even though IDEA does not give coverage, many states do provide
special education programming for the following exceptional needs: gifted and talented,
chronically ill student, student with an illness such as cancer or diabetes, HIV, infectious
disease and ADD/ADHD.
Furthermore, they CAN be covered under law in other health impaired section. That is
if the individual requires special education and related services by reason of their
disability.
In terms of Sarah having ADD, the U.S. Department of Education is listed as a chronic or
acute health problem. ADD or ADHD is not solely eligible for services under IDEA for
Sarah however, she must meet additional requirements and Special Education services.
Accommodations vs Modifications
If an IEP or a 504 plan is developed for Sarah, you will frequently hear the terms
accommodation and modification. An accommodation helps change HOW Sarah
learns, not WHAT she learns. On the flip side, a modification changes WHAT she learns
in the material.
For example, as Sarah possess attention issues, one strategy that may be implemented
into her IEP to break larger tasks into smaller tasks.
Disability
Any individual who may possess a physical or mental impairment that substantially limits one or more
major life activities, have a record of such an impairment, or are regarded as having such an impairment.
Learning Disability
Learning disabilities present unique challenges. There has been a share of disagreements
about which individuals should be included and what services should be provided.
Related Services
Behavior Disorder
Emotionally Disturbed
This group of disorders relate to mental health or severe behavior problems. The National
Dissemination Center for Children with Disabilities (NICHCY) gives 6 types of emotional
disturbances: anxiety disorders, bipolar disorders, conduct, eating, OCD, and psychotic
disorders.
Socially Maladjusted
An individual with this disability does not fall under the emotional disturbance section
unless they acquire an ED.
Zero Reject
No individual can be turned away from an education because they are uneducable. This
is included as one of the six principles of IDEA.
Transition Services
These services are provided for equal access to and from school, events, etc for individuals
with physical disabilities.
This team involves multiple disciplines who are tending to a collective goal. In Sarahs
case, if determined, all members of this team will evaluate her for placement and then
create her IEP.
Parents
Parents take on the invaluable role of consenting to three specific things when
determining the placement for an individual entitled to services, which include the
following: evaluation, placement, and other decisions.
If your child is under the age of 18, they are described to be legally incompetent.
In addition, parents are in charge of the procedural protections, which are designed to
protect your rights as a parent or guardian with a child who has a disability. It also
provides families and school systems alike several ways to problem solve in the process.
Once your child is over the age of 18, procedural safeguards and other rights transfer
unless otherwise noted in the law.
Within the decision-making process itself, a parent can include grandparent, stepparent,
or surrogate parent as appointed by the court or social services agent.
Both guardian(s), whether married or divorced, both have the right under IDEA unless
the divorce clearly states otherwise. They both receive the notices, placement and other
matters in their childs education.
Student
A student must meet the eligibility requirements and fit the definition of a child with a
disability directly under law.
Sarah fits into the other health impairment section of the disability definition and is
covered under IDEA.
Once the individual is over the age of 18, procedural safeguards and other rights transfer
unless otherwise noted in the law.
Administrators: LEA
Administrators are the very heart and fabric of schools. They help to mold and infuse a
school with high-quality staff, teachers and personnel. They most importantly take part in
the development of and implementation of IEPs in the special education process.
Another important role they play is developing data needed for getting funding from the
state education agency.
Teachers:
Teachers retrieve support from all ends of the spectrum. This meaning that they look for
many forms of consultation from school members. Now that inclusion is on the rise,
general education and special education teachers require a cycle of cooperation and
coordination with one another.
Under the No Child Left Behind (NCLB) and 2004 amendments of IDEA, all teachers
must follow the HQT requirements by having a state certification in their area and hold
at least a bachelor degree. This of course can vary from state-to-state.
Special education teachers who teach two or more core subjects must contend to other
requirements.
Counselors, nurses and other staff in the school are important team players in your childs
school experience. They provide remedies and services to your childs heart, mind and
soul. As well as your childs well-being.
Your state upholds the responsibility to hire personnel who are fully trained and well-
versed in their content knowledge, skills and passion with the position. They acquire the
state-approved certification, licensing or any other listed requirement.
Advocates, Attorneys
The Handicapped Childrens Protection Act (HCPA), one of many amendments to IDEA,
was an important milestone in ensuring effective advocacy.
Week 3 Terms:
Evaluation Report (ER)
Child Find
Mandated by IDEA, Child Find is a legal requirement that continuously searches for
and evaluates individuals who may have a disability with the utilization of Child Find
activities.
o For example, a district could hold conferences to train all personnel and staff on
policies or hold playgroups where guardians are asked to engage in a
developmental questionnaire
7 Main Elements:
1. Definition of the Target Population: each state clarifies the criteria that
distinguishes the child who are eligible for assistance.
2. Public Awareness: each state spreads awareness about individuals who require
help and services (parents, guardians, educators, school personnel, etc.)
3. Referral and Intake: a child is referred for services, this varies by state and by the
individual
4. Screening and Identification: look for possible disabilities or developmental
delays
5. Eligibility Determination: screening results contrasted to states eligibility
guidelines
6. Tracking: the state is constantly informed and follows up with children who are
getting services
7. Agency Collaboration: specific states have various agencies that acquire
responsibilities mandated by IDEA. This meaning that resources should be
harmonized to make sure of the service availability
Universal Screenings
Consent
Parent or guardian must be notified, fully informed and agree to all of the information
relevant to what the school is proposing
Must understand and agree in writing
3 Areas of Written Notices (a school provides):
1. Proposed Action
2. Evaluation Procedure
3. Procedural Safeguards available under IDEA
Dispute Resolution Process: If a guardian disagrees, a school must make the reasonable
efforts to obtain consent and may try to override a parents refusal
Homeschool or Private School: public schools cannot reverse a refusal to consent
Procedural Safeguards
These spell out both the LEGAL RIGHTS and PROTECTIONS you have as the parent
of your child, as well as what the school CAN and CANNOT do when evaluating and
providing special education & related services
Protection of rights of both the individual and the parents
These safeguards include the following rights to resolve problems/disagreement:
o To hold a hearing when/if there is a disagreement over a individuals disability
o Placement or program
o To be represented
o Have record of hearing
o To appeal
o To seek review in the court
Eligibility
Eligibility draws upon information from the following sources:
o All evaluations performed
o Parent input
o Teacher recommendations
o Information concerning students physical condition
o Social/Cultural background
o Adaptive behavior
If a student is eligible for special education, the next step is the development of the IEP
Categories of Disabilities
Under IDEA, an individual is eligible for special education if they are unfavorably
affected by 1 (or more) of the following 13 categories & conditions:
1) Specific Learning Disability (SLD)
2) Other Health Impairment (OHI)
3) Autism Spectrum Disorder (ASD)
4) Emotional Disturbance (ED)
5) Speech or Language Impairment
6) Visual Impairment (including blindness)
7) Deafness
8) Hearing Impairment (HI)
9) Deaf-Blindness
10) Orthopedic Impairment (OI)
11) Intellectual Disability (ID)
12) Traumatic Brain Injury (TBI)
13) Multiple Diseases
Burden of Proof
Cost Implications
Week 4 Terms:
Consent, Signatures, Procedural Safeguards
Consent
Through the special education journey, parents have the ability to suggest addition, things to
take away, or other changes the school may propose. They have full control to be a partner in
making decisions.
Signatures
The day of an IEP meeting, each attending individual of this meeting will sign on the signature
page of this document. Each professional will speak on their expertise, and all share their
thoughts and concerns
In all that has been discussed, Isaacs IEP plan is going to give him the tools, confidence, and
support that he needs to be successful inside and outside of school. Isaacs teachers will be
frequently monitoring his progress to his goals, and use the instruction and services that fits his
unique needs. His IEP will be reviewed yearly, or sooner if need be. If his parents have any
concerns, questions, or suggestions throughout the year, they are more than welcome to contact
his teachers.
Related services help a child with a disability to benefit from special education. Some
examples of potential services are the following:
A way of practice to create positive behavior. For instance, a student may receive a warning or
consequence if an action was a sad choice. They want to stop and think; by taking a look at
what they did and why they did it. In kindergarten, all students are part of a How Am I Doing
Today chart. On this chart, they have a green smile face (wow choices), yellow (not so happy
choices), and a red frowny face (sad choices). They start the day with a happy face, but if a
child is still making sad choices not behaving, they lose their smile. If they dont fix their
behavior, they get a yellow face. If it continues to worsen, they will get a red face and a note
sent home. All children can make mistakes, as their emotions, circumstances and other people
& their interactions can make a big impact.
Counseling
Helps an individual figure out an issue, talk things out, and have a person to listen/talk to no
matter the situation
Health Issues
Sometimes individuals are eligible for special education due to a HEALTH ISSUE. This
means it is a condition or some type of disease, physically or mentally, that is causing trouble
with ones body
Assistive Technology
An item, a piece of technology/equipment or a product that helps to either INCREASE or
MAINTAIN the functional potential of individuals with disabilities
Full Inclusion
An individual with or without a disability included in the general education at all times
Continuum of Placement
LRE
Its important to note that no matter any childs disability, they will be placed in the LEAST
RESTRICTIVE ENVIRONMENT (LRE). This does not restrict individuals with disabilities
access to the general education curriculum, unless otherwise noted. This allows individuals to
be with his peers, but receive the help and support he needs along with it.
Resource Room
Some students may receive direct, tailored instruction in a RESOURCE ROOM. It is most
always for individuals for have specific learning disabilities. It is a peaceful and safe space for
individuals to get one-on-one help for their class work or attend to any other needs they may
have.
Week 5 Terms
Placement
Once the IEP team has agreed to WHAT services an individual may need, a decision must be
made WHERE services are provided.
Undue burden
Transition Services
This was where the school staff and personnel helps to compose her strengths,
needs, skills and interests. This is a place where goals were set to prepare her
for life beyond high school.
Graduation Requirements
A test will not be given to test Janes cerebral palsy, but it will help create a
picture of her achievement and abilities. It will be carried out with testing
accommodations. By contacting the institution Jane wishes to attend, you can
provide documentation and the need for the adjustment in testing conditions for
Jane. Some examples of testing conditions include the following:
Braille
Large Print
Tape recorded responses
Extended testing time
Small group setting
Private room
Compensatory Relief
This gives every child FAPE that was once denied it. For postsecondary
individuals, they will be covered, supported and provided with the best tools they
need.
Post-Secondary Services
Evaluate documentation
Works alongside students to determine appropriate services
Assist students in coordinating services/testing modifications
A patient and helpful individual to talk through any problems or issues that
may come about
Post-secondary individuals will meet with them two or three times during the
semester. The student will be the one responsible for her academic
programming and progress in a similar way all students attending the institution
are.
Week 6 Terms
Procedural Safeguards
A parent may request this if they believe their childs IEP is inappropriate
Burden of Proof is one of the slipperiest member(s) of the family of legal
terms
Once hearing arrives, either party may seek review by appealing to state
educational agency or to an IU
o Review based upon the record and any other evidence
Reviewing official must then make a decision and provide written findings
and a final decision
State review process: must be done in 30 days
Dispute Resolution
Mediations
As the first step in due process, it is created to be less-confrontational as
it helps both parents and school district reach an agreement or
compromise
Mediator is a neutral party: they have no affiliation with the district or
institution
Benefits:
o Helps parents to understand the reasoning and POV/ helps school
hear parents POV
o More room for flexibility in settlement as avoids cost of hearing
o Maintain positive relationship with the district
o Both parties must agree to the solution
o Low cost
o COLLABORATION is key ingredient
When proactive classroom management does not work, some can receive
interventions such as small group instruction in specific areas of need
Recordings of the behaviors should be concrete, non-emotional terms,
surrounding environment, material taught, location, etc.
Triggers and patterns are key to behavior intervention
As a teacher continues to observe behavior and record CYCLE OF
DISRUPTION, gather data for Functional Behavioral Analysis (FBA)
Want to encourage new skills to increase appropriate behavior
Why a Behavioral Intervention Plan?
o For individuals in special education with an EMOTIONAL or
BEHAVIORAL ISSUE
To note, not all emotional or behavioral problems are long term
Lowering the Cycle of Disruption
o Stage One: Understand that AGGRESSION leads to aggression
o Stage Two: Acceleration is when an individual engages others in
their outburst or outward behavior
o Stage Three: rage or anger may set in, this is where the behavior
PEAKS
Manifestation Determination
OR
Stay Put
These rights apply when you fight a change the school wants to make in
your childs IEP
By exercising this right, your child can remain in his current placement
until you settle the dispute
Placement includes both LOCATION and SERVICES in IEP
Must use this right within 15 days of being informed of the change to IEP
If you dont take action, by filing a due process or request of mediation,
you may not have a choice
One exception: SCHOOL CAN MOVE YOUR CHILD FOR UP TO 45 days if
they are threatening safety of themselves or others
Discipline
What is Discipline?
A guiding principle for discipline under IDEA states that a school cannot
single-handedly change a placement by taking the student from school for
behavior caused by their disability
Student programming must be changed to address behavior concerns
Students receive FAPE even with removal through suspension or expulsion
Issues in Discipline:
o Whether there has been a change in placement by respect of
disciplinary removal from classroom
o Occurs when temporary removal is needed for emergency reasons
When a BEHAVIOR or CONDUCT is due to disability
o Step One. School conducts FBA and develops a Behavior
Intervention Plan to focus on behavior issues
o If manifestation is due to school not implementing IEP, school
MUST take immediate action to fix issues
When a BEHAVIOR or CONDUCT is not due to a disability
o Disciplined same way/manner as a student without a disability
o If expelled or suspended, school must give services to enable
progress in curriculum & to meet goals and objectives of IEP
Parents must be notified and provide procedural safeguards
If due process is requested, a resolution meeting may occur
with 11 days
Week 7 Terms
ADA
504 Plan
Reasonable Accommodations
Costs