Transcript DISABILITY LITIGATION AND LEGISLATION

DISABILITY
LITIGATION AND
LEGISLATION
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Standards and principles in this
session
 Identify and describe how laws play a
major role in the history of sped. (CEC
standards 1)
 Focus on recent legislation that
represents a culmination of decades of
legislative history.
 Recognize that individualized decision
making and instruction are the center of
special education
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 Laws have played a major role in the history of
special education.
 In fact, much of the progress in meeting the
educational needs of children and youths with
disabilities is attributable to laws requiring
states and localities to include students with
special needs in the public education system.
 In today session we focus on recent
legislation that represents a culmination of
decades of legislative history.
 However, litigation (lawsuits or court
decisions) has also played a major role in
sped.
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Itard Jean- Marc-Gaspard

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(1775-1838)
French
physician who was an
authority on diseases of the
ear and in the education of
students who were deaf is
the person to whom most
historians trace the
beginning of the special
education as we know it
today.
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How has federal legislation on disabilities
affected the field of special education?
 In the past students with disabilities were
removed from mainstream classrooms rather
than being included in publicly supported
education programs.
 Some states had laws that permitted public
schools to deny admission to these children.
 Gradually, in the seventies, public schools
began educating children with disabilities, but
usually in a separate class or facility.
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 In 1972 the Pennsylvania Association for Retarded
Children (PARC) challenged a law in the Commonwealth of
Pennsylvania denying a public school education to
children with mental retardation and other disabilities.
 The court ruled that children with mental retardation were
entitled to a free, appropriate public education (FAPE),
preferably in the regular classroom.
 This case and other cases led to Public Law 94-142, the
Education for All Handicapped Children Act, in 1975. P.L.
94-142 was the predecessor to the Individuals with
Disabilities Education Act (IDEA).
 IDEA and its amendments, especially those enacted in
1997,
impact
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Batoul Khalifa SPED
MASTER on
2008 special education 6in
the United States.
DISABILITY LITIGATION
AND LEGISLATION
 An exclusionary past -- The mainstream
movement (providing quality education
to students with disabilities in the regular
classroom to the greatest extent possible
(i.e., least restrictive environment) began
during the 1950s as an extension of the
civil rights movement, which pursued
equal opportunities across racial
boundaries.
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Movement to have a law
 This movement slowly entered the arena of
public schools and gave way to numerous court
decisions and legislation supporting people with
disabilities.
 Prior to the 1970s, many states had laws
permitting public schools to deny enrollment to
students with disabilities.
 When local public schools began to accept a
measure of responsibility for education certain
exceptional students, a philosophy of
segregation prevailed.
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 The other two major reasons for laws
governing the education of exceptional
students came about because of the
concepts of
 (a)
separate is not equal
 and
all students have equal
protection under the laws.
 (b)
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Historical Background
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Brown v. Board of Education
of Topeka (1954)
 A landmark United States Supreme Court ruling against
segregation, set a precedent for equality in education, which
was extended to children with disabilities.

Brown established the right to an equal educational
opportunity based upon Fourteenth Amendment grounds.
 The Fourteenth Amendment provides that no state may
deny to any person within its jurisdiction equal protection
of the laws.
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Earl Warren
 Earl Warren was the Supreme Court justice who said,
"Separate is inherently unequal." A doctrine of equality
was established
 The basic argument of Brown was that the equal
protection doctrine protected
a "class" of
persons (in this instance, a racial
minority).
 This equal protection doctrine was interpreted as
requiring that black students be given equal access to the
same resources as whites.
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PARC (Pennsylvania Association for
Retarded Children )
 Representatives of disabled students, relying
on Brown, claimed that disabled children have
the same rights to education as nondisabled
children.
 This claim was held up by rulings with the
PARC v. Commonwealth of Pennsylvania and
Mills v. D.C. Board of Education
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Other Major court decisions
 Penn Assoc for Retarded Citizens v.
Commonwealth of Penn (1972)
 A federal decision ruled that children with
mental retardation have the right to a free and
appropriate public education and that parents
who are dissatisfied with their children's
placement have the right to a hearing (due
process under the law).
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 All children can benefit from education
 Education is essential to function within
society
 Parents have a right to be notified before
any changes in their child’s educational
program is made
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Mills v. Board of Education
(1972)
 Seven students were excluded from the public schools in
Washington, DC because of learning and behavioral problems.
 The school district claimed it did not have the resources to
provide special education programs for them.
 Federal courts ruled that students with disabilities have
the
same right to an education as
nondisabled students.

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Financial problems cannot be allowed to have a greater impact
on children with disabilities than on students without disabilities.
The court ordered the schools to readmit the students.
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Hobson v. Hanson (1967)  The court ruled that the use of a tracking
system to place children in educational
programs based on the results of IQ
tests was discriminatory.
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Diana v. State Board of
Education (1970)
 Parents of a Spanish-speaking student filed litigation
challenging the placement of their children in classes for
children with mental retardation on the basis of scores
obtained from IQ tests given in English.
 The court ruled that students cannot be placed in special
education on the basis of culturally biased tests or tests
given in other than the child’s native language.
 This ruling resulted in requirements to implement
nondiscriminatory assessment methods, including
testing students in their native language.
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Larry P. v. Riles (1972)
 Parents of African-American children filed suit challenging
inappropriate placement of their children in classes for
children with mental retardation on the basis of IQ test
results.
 The court required schools to stop using standardized IQ
tests to stop placing children in special classes on the
sole basis of IQ test results.
 The court also required schools to retest
every African-American student that was
placed in special classes for individuals with
mental retardation.
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Armstrong v. Kline (1979)
 Parents challenged the state of Pennsylvania’s
rule against supporting students beyond the
traditional 180-day school year.
 The court ruling found that some students with
disabilities might need extended school year to
prevent significant regression.
 For these children, schools are responsible to
provide such summer programming.
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Honig v. Doe (1988)
 The issue in this case dealt with school expulsion.

Parents contended that children with disabilities should
not be expelled without due process.
 Court ruled that students couldn’t be removed from
school if the inappropriate behavior is related to the
disability.
 Schools could suspend a student for up to 10 days, but
not more than 10 days without due process.
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IDEA 97 amendments
 Now, with the recent passage of the IDEA 97
amendments,
 schools can remove a student for up to 10 days
for minor disciplinary infractions and for up to
45 days for dangerous behavior involving
weapons or drugs.
 The school can also ask a hearing officer to
remove students who are serious threats to
themselves or others.
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"Expulsion"
 is considered a change in placement and schools cannot
unilaterally decide to change a student’s placement.

However, a student with a disability can be expelled for conduct
not attributed to his or her disability.
 Emergency removals are also permissible. If the school seeks a
change of placement, suspension, or expulsion in excess of 10
days,

the IEP team must review the relationship between the student’s
misconduct & his/her disability.

This is called a "manifestation determination." If the
misconduct is not related to the disability, the same disciplinary
procedures used with other students may be imposed.
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Major federal legislation
I. Public Law 94 -142:
The Education for All Handicapped Children Act of 1975 now
called, the Individuals with Disabilities Education Act
(IDEA),
reflects society’s concern about treating people with disabilities
as full citizens with the same rights and privileges that all
other citizens enjoy.
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The purpose of IDEA is:
 to assure that all students with disabilities have
available to them a free appropriate public
education (FAPE) and related services
designed to meet their unique needs.
 to assure that the rights of children with
disabilities and their parents or guardians are
protected,
 to assist states and localities to provide for the
education of all children with disabilities,
 and to assess and assure the effectiveness of
efforts to educate children with disabilities.
(IDEA 20 U.S.C. 1400[c])
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Six major principles in Public
Law 94-142 that still remain in
IDEA:
Zero Reject and child find
2) Nondiscriminatory Identification and Evaluation
or testing
1)
Free, Appropriate Public Education (FAPE )
4) Least Restrictive Environment
5) Procedural due process
6) Parent and Student Participation and Shared
Decision Making
3)
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Zero Reject and child find:
 The law requires the public schools to serve all
students with disabilities regardless of the type
and severity of the disability.
 No child with disabilities may be excluded from
a public education.
 Child find means that children who are disabled
or suspected of having disabilities and in need
of special education and related services must
be identified, located, and evaluated.
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Nondiscriminatory Identification
and Evaluation or testing
 Schools must use nonbiased,
multifactor methods of evaluation to
determine whether a child has a
disability and,
 if so, whether special education
services are needed.
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A nondiscriminatory
evaluation:
A. tests specific areas of educational need rather
than only general intelligence;
B. places students in an appropriate educational
setting on the basis of 2 or more tests;
C. considers other information, (i.e., physical
development, race, culture, language, and
adaptive behavior) in conjunction with test
scores;
D. And sets up a team to evaluate and
appropriately place a student.
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Free, Appropriate Public Education
(FAPE)
 All children with disabilities, regardless of the type or severity of
their disability, shall receive a free appropriate public education.
The term free, appropriate public education' means special
education and related services that:
 have been provided at public expense, under public supervision
and direction, and without charge;
 meet the standards of the State educational agency; include an
appropriate preschool, elementary,
 or secondary school education in the State involved;

and are provided in conformity with the individualized education
program required under section 614(d)." [Section 602(8)]
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 When public agencies provide children with
disabilities with FAPE, it means that they
provide them with an education that is
appropriate,
 including appropriate supplementary aids
and services, at no cost to their parents.
 "Appropriate" is a critical term in FAPE.
 The education that a child with disabilities
receives needs to address (i.e., be
appropriate for) his or her special
educational needs.
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The IEP
 Schools must develop and implement and
individualized education program (IEP) for each
student with a disability.
 The IEP must be individually designed to meet
the child’s unique needs.
 The Individualized Education Program (IEP)
must have the following six components:
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IEP
 A statement of the student's present
level of educational performance;
 [How the child’s disability affects the
child’s involvement and progress in the
general curriculum]
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IEP
 A statement of measurable annual goals,
including benchmarks or short-term
instructional objectives;
 [Meeting the Child’s needs that result
because of the disability to enable the
child to be involved in and progress in
the general curriculum.]
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IEP
 A statement of the specific special education
and related services and supplemental aids and
services to be provided to the student,
 and the extent to which the child will be able to
participate in regular educational programs;
 The projected dates for initiation of services and
anticipated duration of the services;
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 Appropriate objective criteria and evaluation
procedures and schedules for determining,
 on at least an annual basis, whether the short-
term instructional objectives are being
achieved; and,
 Beginning at age 14, and updated annually,
a transition plan, which addresses transition
services from school to post school activities for
all students no later than age 16 and annually
thereafter
 (e.g., employment, independent living,
community participation).
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Least Restrictive Environment
 Schools must educate students with disabilities with children
without disabilities to the maximum extent possible
 and students with disabilities are to be removed to separate
classes or schools only when the nature or severity of their
disabilities is such that they cannot receive an appropriate
education in a general education classroom with
supplementary aides and services.
 The concept of LRE is based on the premise that many
creative alternatives exist to help the regular educator serve
children with learning or adjustment problems within the
context of a regular class setting.
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Procedural due process
 Due process entitles both parents and professionals to fair
procedures in identifying, evaluating, and placing
individuals with disabilities.

Parental participation and rights
include:
(a) confidentiality of all records and the availability of their
child’s records,
(b) when parents disagree with the results of an evaluation
performed by the school, they can seek an independent
evaluation of the child at public expense,
(c) parental consent must be obtained for initial and all
subsequent evaluations and placement decisions
regarding special education,
and (d) to have a hearing if so desired.
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Parent and Student Participation and
Shared Decision Making
 Schools must collaborate with the
parents of students with disabilities in
the design and implementation of
special education services.
 Parent & student input, their interest,
preferences, wishes must be
considered in placement decisions,
IEP goals and objectives, and related
services.
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II. The Individuals with Disabilities
Education Act of 1990 (IDEA)
 II. The Individuals with Disabilities Education Act of 1990 (IDEA) was enacted
in 1991 as a result of Public Law 101-476:
 Education of the Handicapped Act Amendments of 1990. IDEA pertains to
public schools only, is a funding act, and involves youth aged 3 to 21.
 A major change brought about by this legislation was renaming the
"Individuals with Disabilities Education Act. “(EHA becomes IDEA)

EHA to
This change in terminology from "handicapped children" to
"individuals with disabilities" shifted the emphasis to the person
rather than to the disability.
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Other changes in IDEA
included:
Addition of two new
categories of disabilities:
(a) Autism -- developmental disability significantly
affecting verbal and nonverbal communication
and social interaction, generally evident before
age 3,
and (b) Traumatic Brain Injury – an acquired
injury to the brain caused by an external
physical force, resulting in total or partial
functional disability or psychological or social
impairment.
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 Addition of transition services as a requirement on
students’ IEPs, beginning no later than age 16 (and in
some cases at age 14 or younger).
 Transition services are defined as a coordinated set of
activities for a student within an outcome-oriented
process,

which promotes movement from school to post school
activities, including post-secondary education, vocational
training, integrated employment, continuing and adult
education, adults services, independent living, or
community participation.
 Addition of definitions of assistive technology device
and assistive technology service.
 Rehabilitation counseling and social work services were
added to the definition of related services.
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III. The IDEA Amendments of 1997, Public
Law 105-17
 IDEA was again amended and
reauthorized in 1997.
 These amendments were meant to
strengthen and improve IDEA to better
educate children with disabilities
 and enable them to achieve a quality
education.
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The Amendments sought to achieve this quality
education by:
1. Strengthening the role of parents in eligibility and
placement decisions;
2. Ensuring access to the general curriculum and reforms
by including in the IEP an increased emphasis upon
participation of children and youth with disabilities in the
general education classroom and in the general
curriculum, with appropriate aides and services;
3. Ensuring the participation of children and youth with
disabilities in State and district wide assessment
(testing) programs;
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4. Giving increased attention to racial, ethnic,
and linguistic diversity to prevent
inappropriate identification and
mislabeling;
5.
Ensuring schools are safe and conducive
to learning; and
6. Encouraging parents and educators to
work out their differences by using nonadversarial means such as mediation. The
addition of transition planning in the IEP
beginning at age 14;
7.
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Discipline of children with disabilities.
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IV. Section 504 of the Vocational
Rehabilitation Act of 1973 (Civil Rights
"stick law")
 This important civil rights legislation provides that
"no otherwise qualified handicapped individual in
the United States... shall, solely by reason of his
or her handicap, be excluded from the
participation in, be denied the benefits of,
 or be subjected to discrimination under any
program or activity receiving Federal financial
assistance."
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Prohibits the discrimination of any individual with a
disability solely on the basis of the disability if
parents receive any federal funds. It designates that:
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1. Students with disabilities must be afforded an equal
opportunity to participate in and benefit from all
postsecondary education programs and activities.
That includes any course, course of study, or activity
offered.
2. Rules, which limit students with disabilities
participation in the program or activity, may not be
imposed upon the students
(For example, prohibiting tape recorders and calculators
in classrooms or guide dogs in campus buildings.)
3. Academic requirements must be modified, on a caseby-case basis, to afford qualified students with
disabilities an equal educational opportunity.
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V. Americans with Disabilities
Act (ADA) of 1990
 General rule:
1. The ADA precludes an employer from discriminating
against a "qualified person with a disability" who can
"perform the essential functions of the job" with or without
a reasonable accommodation.
2. This Act enables individuals with disabilities to function
more independently than ever in the mainstream of
society.
3. Hailed as the "Emancipation Proclamation of the
Disabled"
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Education for All
 Universal Declaration of Human Rights (1948)
 The Convention on the Rights of the Child (1989)
 The World Conference on Education (Jomtien, 1990)
 The World Conference on Special Needs Education
(Salamanca, 1994)
 The World Education Forum (Dakar, 2000)
 Convention on the Rights of Persons with Disabilities
(2007)
 Qatar conference on Educational Challenges08
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SIX DAKAR GOALS
 1) Expand and Improve
Comprehensive Early Childhood Care
and Education for the Most
Vulnerable
 2) Ensure Primary Education for Girls,
Children in Difficult Circumstances,
and Ethnic Minorities
 3) Ensure Equitable Access to
Learning and Life Skills Programs
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SIX DAKAR GOALS
 4) Achieve Improvement in Adult
Literacy and Access to Basic and
Continuing Education
 5) Eliminate Gender Disparities in
Primary and Secondary Education
and Achieving Gender Equality in
Education
 6) Improve All Aspects of the Quality
of Education and Ensuring Excellence
of All
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Inclusion is Evolving
 Understanding the full Inclusion
 PWD are part of Regular Ed. System
 May have Different needs
 May move to Different curricular goals
 Within common combined curriculum
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Inclusion is Rewarding for all
people involved
 When appropriately carried
 Benefit for PWSN as for others
 Friendship & Appreciation from others
 PWSN are more motivated
 All of that is carried home & in Community
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Inclusion is not A passing Fad
 Many legislation confirms inclusion
 Since all benefit including PWSN
 Most bylaws are not well explained
 There should be firm criteria for Inc ED
 Laws should assure quality education
for all
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Inclusion is not Dumping
 PWSN “simply” placed with others
 Appropriate Support is inevitable
 Specialized services are needed
 Burden should not put on teachers
 Peers & teachers should have skills
too
 Planning, Follow up, support to all
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Inclusion is not Easy
 Partnership among Parents / Educators /
administrators
 Working together in Incl. Education
 Ongoing Problem Solving
 Evaluation and Monitoring
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Inclusion is not Mainstreaming
 Mainstreaming is PWSN from Sp Ed visit
Regular Classes
 Inclusive Education where PWSN stay in
Regular Classroom
 PWSN can benefit from other services
 The can visit such services outside the
regular programs
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Successful Inclusion Means
commitment to Inclusion Philosophy
Believe & share equal values by
all
All schools vision should make
that clear in their statements
Ed. Goals of PWSN are of equal
value to those of others
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Successful Inclusion Means
Accountability
 Assure that all related personnel at district,
building, & classroom levels perform
appropriately their tasks and fulfill their
responsibilities.
 Spe. Ed. Department have clear defined
role
 Policies statements are accordingly set
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Successful Inclusion Means
Careful Assessment and planning
 Guarantee that program is appropriate
 Assure adequate support
 Long & Short Goals are met
 Strengths & weaknesses Assessment
 Parents role in IEP
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Successful Inclusion Means
Collaboration
 All participants are equal partners
 Teachers works in & outside classroom
 Peers become allies & friends
 All parent interact with school system
 Inclusion works on collaborative term only
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Successful Inclusion Means
Flexibility
 Guarantee flexibility on every stage/process
 Curriculum adaptation to be made /unique
needs addressed
 All willing to accept compromises
 Trials of new situations
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Successful Inclusion Means
Funding
Funds availability for support
services
Implementation of Inclusive
measures proved to be less
that the expenses of
segregated kind of education
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Successful Inclusion Means
Good Leadership
 Throughout the entire inclusive process
 Principals & superintendents believe in
 Foster supportive environment
 Flexible in challenging situations
 Supervisor’s backing/support to
teachers
 Encouraged personnel work efficiently
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Successful Inclusion Means
Social skills & peer relationship
 Peers are role models in speech &
behavior
 Support in and outside school activities
 Cooperative learning situations
 Peer support groups
 Friendship to be extended out-classrooms
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Successful Inclusion
Means Support
 Everything to meet assigned IEP goals
 Additional personnel may present in class
 Support networks, curricula adaptation
 Program may change, physical accessibility
 Therapies to be available
 Support may be extensive responds to needs
 Teachers support from team work, parents
feedback access to resources & collaboration
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Successful Inclusion Means
Transition planning
 Alleviates potential problems/expectations
 Preparatory training, for teachers & peers
 PWSN introduction to surroundings
 Preadmission Orientation sessions
 Knowledge about Sp. Needs decrease
difficulties for teachers and for peers
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Parents to know
 Become aware of your rights under
laws.
 Communicate with the school system
 Learn about successful practices in
inclusive education programs
 Participate in the design of your child's
IEP
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Questions:
 What is the definition of special education?
 What are the origins of sped?
 What legislation and litigation have effected
sped?
 How is the intent of sped law implemented in in
IEP for students with disabilities?
 What is your perspective on the progress of
special education>
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