Transcript The History of Special Education Law

History of the Law;
FAPE; and IEPs
Leslie Yoder, Shawn Bromeland,
Randy Comfort, Randy Althoff,
Stacey Dahlby
The History of
Special Education Law
Chapter Four
“It is doubtful that any child may succeed in
life if he is denied the opportunity of an
education. Such an opportunity, where the
state has undertaken to provide it, is a
right that must be made available to all on
equal terms.”
Chief Justice Earl Warren
Brown v. Board of Education (1954, p.493)
Role of the school
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In the United States, education is viewed
as:
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a birthright
fundamental to the creation of citizens
crucial to the democratic process
Case History Scenarios
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Watson v. City of Cambridge (1893)
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Beattie v. Board of Education (1919)
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Disabled students may be expelled
Disabled students may be excluded
Department of Public Welfare v. Haas
(1958)
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State not required to provide free public
education for the “feeble minded” or “mentally
deficient.”
Change Begins
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Parental Advocacy
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Turn of the 20th century
1910- 1st White House Conference on Children
Intended to establish remedial programs for children
with disabilities ot special needs.
 Inspired trend of education rather than
institutionalization.
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1910-1930 significant increase in segregated
classes and support services in public schools
Social & Economic Factors
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The Great Depression (1929-32)
Increasingly heterogeneous student
populations increase social tension
Growth of Advocacy Group
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1933 Cuyahoga County Ohio Society for the Retarded
Child
1922 Council for Exceptional Children
1950 National Association for Retarded Citizens
1974 Association for Persons with Severe Handicaps
Impact of the
Civil Rights Movement
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Under it’s Constitution, the US provides
citizens with individual rights
These rights were not provided to all
citizens on an equal basis
Brown v. Board of Education (1954)
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The high court reasoned that because of the importance of
education in our society, the effects and consequences of racial
segregation essentially denied the students affected of equal
educational opportunities.
Subsequent Equal Opportunity
Cases
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Pennsylvania Association for Retarded
Citizens (PARC) v. Commonwealth of
Pennsylvania (1972)
Mills v. Board of Education of the District
of Columbia (1972)
Federal Legislation
Education of Mentally Retarded Children
Act of 1958
 Training of Professional Personnel Act of 1959
 1965- Elementary and Secondary Education
Act
 Education of the Handicapped Act of 1970
 Rehabilitation Act of 1973 (Section 504)
 Education Amendments of 1974
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Federal Legislation cont.
Education for All Handicapped Children
Act of 1975
 Handicapped Children’s Protection Act of 1986
 Infants and Toddlers with Disabilities Act of
1986
 Individuals with Disabilities Education Act of
1990
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Recent Federal Involvement
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IDEA Amendments of 1997
No Child Left Behind Act (2002)
President’s Commission on Excellence in
Special Education
Individuals With Disabilities Act of 2004
Free Appropriate
Public Education
FAPE
Chapter 9
The Flow of IDEA
National Level
IDEA
Federal Laws
US Supreme Court Cases
State Level
FAPE
State Standards
State Laws/ Courts
Local Level
IEP
Hearing Officer
Mediation Decisions
(E)ducaiton for (A)ll (H)andicapped
(C)hildren (A)ct (now IDEA) 1975
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Pre 1975: Exclusion and Needs not met
EAHCA provided Federal Financial Aid to states for
Special Education
EAHCA defined that all students have a right to Free
Appropriate Public Education (FAPE)
States had to submit plans for to provide that all students
with disabilities had a FAPE right.
Goal was/is Equal Opportunity not Outcome (does not
guarantee success of student)
FAPE Mandate of IDEA
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4 parts define FAPE
 1. Provided at Public expense
 2. Must Meet State Standards
 3. State must provide an appropriate
preschool through secondary education
 4. Provided in conformity with an
Individualized Educational Plan (IEP)
The Free and Appropriate
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Free
 Must provide services related to education free of
cost.
 You are not allowed to NOT provide services because
of cost.
 However you can consider cost in determing services
 Free only applies to parents, not to other providers
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Challenges to FAPE are primarily on the “appropriate”
component
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Scenario 2
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If its not the best, is it still reasonable?
School Personnel Procedural
Requirements
School Personnel must follow procedural
mechanisms:
a) Notice to parents when plan discussed
b) Invitation to parents to participate
c) Parental consent prior to evaluation
d) Parental examination of records
e) Allow for independent evaluation at public
expense (+ mediation) if parents disagree
with school evaluation.
Components of an IEP
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The IEP meeting needs to have:
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Representative of the public agency (school district);
Student’s teacher; Student’s parents
Required to have six components:
1. Statement of student’s present educational level
2. Measurable annual goals
3. Statement of special education and related services
4. Statement of transition services
5. Date special education services begin and anticipated
duration of the services
6. Appropriate objective criteria and evaluation procedures.
Scenario 3
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Complex health issues requiring physician’s care do not
qualify
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Who has to pay? Are schools required to provide for
medical issues?
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Irving ISD v. Tatro (1984)
“Bright Line” Test + FAPE
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3 part test for related services (Irving ISD v. Tatro 1984)
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1. Must be IDEA eligible,
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2. Service must be necessary to assist the child in
Special Education,
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3. Must be performed by a nurse or other qualified
person.
Some challenges to this, but medical things “mostly”
qualify as related service requirement.
FAPE
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“Rowley” two part test:
 1. Has the school complied with the procedures of
the Act? (Procedural)
 2. Is the IEP reasonably calculated for student
success? (Substantive)
Students do not have a right to the “best possible”
education,
Technical/procedural errors do not equate to FAPE
violation
Measurable harm must be done to as a result of
mistakes
Scenario
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Is this substantive or procedural in nature?
On the 25th Anniversary of the
IDEA
“…we know that education is the key to
our children’s future…. IDEA…insures
that all children with disabilities have
access to a free appropriate public
education.”
President Bill Clinton
November 29, 2000
The Individualized
Education Program
Purposes, IEP Mandate, IEP
Development, Substantive
Requirements, Litigation
The Individualized Education
Program (IEP)
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“The importance of the IEP [should not] be understated…[it is] the
fundamental prerequisite of any FAPE.”
Justice Huntley, Thorndock v. Boise I.S.D.
(1988, p. 1246)
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The IEP: keystone of IDEA (Honig v. Doe, 1988)
All aspects of special education program directed &
monitored throughout IEP process
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Goals, placement, services, evaluation & measurement
The IEP process develops & formalizes the FAPE for a
student with disabilities
Both procedural & substantive requirements
Procedural Requirements
1.
2.
3.
4.
5.
6.
7.
Provide notice to parents
Adhere to state mandated timelines
Involve parents in education. decision making
Conduct complete & individual. Evaluations
Ensure necessary members attend
Include all appropriate content
Ensure IEP implemented as written
Substantive Requirements
“Meaningful educational benefit”
1.
2.
3.
4.
5.
Thoroughly assess academic &
functional needs
Base goals on those needs
Write goals: complete, appropriate,
measurable
Provide services: effective, researchbased
Monitor progress & update as needed
Purposes
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Communication
Management
Accountability
Compliance and Monitoring
Evaluation
The IEP Mandate
School personnel & parents work together to develop a
program that will result in meaningful educational benefit.
It must be individualized & in effect before provision of
services. Both a process and a written document.
IEP Development
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The IEP Planning Process
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Referral, consent, assessment, IEP team
appointed, IEP developed, placement
The IEP Team-Required Participants
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Student’s parents, special education teacher,
general education teacher, one who can interpret
evaluation results, child when appropriate,
representative of educational agency
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A. supervise provision of special education
B. knowledgeable about general curriculum
C. knowledgeable about availability of resources
IEP Development
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The IEP Team-Discretionary
Participants
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Related service providers, one with
expertise in assistive technology,
representative of agency of transition
services, others who have knowledge of a
student or disability, Part C provider if
eligible for Part C
Eight Components Required
in the IEP
1.
Present Level of Performance
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2.
Describes learner’s functioning
Measurable Goals and Benchmarks/Short-Term Objectives
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Goals address skill/behavior to change, direction, & outcome
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Example: Tommy will improve his understanding of problem-solving
strategies from emerging to an adult prompted level.
Objectives are the steps leading to attainment of the goal
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Example: When given a probe sheet with 50 two-digit addition facts,
Tommy will write the answers with 95% accuracy in 2 of 3 trials.
Components Continued
3. Special Education and Related Services and
Supplementary Aids and Services
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Special education & related services records the type of services
delivered including location, amount, and frequency
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Supplemental aids & services are defined as supports provided
in reg education classes
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Ex; specialized equipment, assistive technology devices, specialized
transportation, modifications to discipline policies, extended time, etc.
Components Continued
4. Extent to Which Students Will Not Participate in the General
Education Classroom
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Describes student’s ability or inability to participate in general education
program and justifies teams decision
5. Student’s Participation in State- or District-Wide Assessment
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Why assessment is not appropriate along with alternative assessment
6. Projected Date of Initiation and Anticipated Duration
Components Continued
7. Transition Services Needed
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In MN must address by age 14 or grade 9
Focus on Post-Secondary Activities
Address employment, post-secondary education & training, community
participation, recreation leisure, home living/daily living
8. How Student’s Progress Toward Goals Will Be Measured
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Parents must be informed about student’s progress as often as parents of
children without disabilities.
Progress Reports
IEP Special Considerations
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Positive Behavior Support Plans
Student with Limited English Proficiency
Blind or Visual Impairment Needs
Student with Deaf and Hard of Hearing
Needs
Assistive Technology Needs
Placement Decision
Parental Participation
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1997 Amendments of IDEA strengthened role
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School must provide adequate notice
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If parents are unwilling to respond or participate school
should collect documentation
Reviewing & Communicating the
Requirements of an IEP
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Reviews Must Be Conducted if:
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Lack of progress
Re-evaluation need to be considered
Parents provide additional information
Needs are anticipated to change
Requirements must be communicated with
teachers working with a student on a IEP