significantly below average general intellectual functioning. mild, moderate, severe.
concomitant impairments, the combination results in severe educational needs.
cerebral palsy, amputations, fractures or burns.
eligibility will not be determined by a single psychometric test, test must be administered in the child’s native language. right to independent eval. given to child’s parents.
Larry P. Riles 1979
A case filed against the State of California by parents who claimed that the state’s current method of classifying students with learning disabilities was culturally biased against students of color. At that time, children in public schools with learning disabilities were classified as having educable mental retardation, or EMR.
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These children were consideredincapable of being educated through the regular educational program. These children were placed in special classrooms with other children of disability, based on the sole factor of how they scored on an IQ test.
Diana v Board of Ed
A case in which the use of tests to place students was again challenged. A Spanish-speaking student in Monterey County, California, had been placed in a class for mildly mentally retarded students because she had scored low on an IQ test given to her in English. The court ruled that Spanish-speaking children should be retested in their native language to avoid errors in placement.
PASE v Hannon
In this case, IQ tests were being used for placement of students in EMR classes in the Chicago schools. The plaintiffs argued that the tests were culturally biased.
Since other criteria were also used for placement and many of the school psychologists were black, Grady found for the defendants.
must include:1. measurable objectives2.
related services3. program schedule4. criteria used to determine program effectiveness5. who will provide services and when
Amy Rowley (appropriate program)
Case in which a school who had originally provided services for a deaf student decided to revoke services.
lost in the supreme court but set precedent for free app. education.
the student had cerebral palsy and needed to be catheterized every few hours. While the District agreed to provide special education they refused to do the cleaning necessary for the student to attend school. This landmark case defined the scope of related services and created the medical exception rule.
The District must provide all supportive services necessary unless a physician is needed to provide the service. Since, a nurse can provide the service needed for a student they must provide it.
case in which a students spinal column was injured in a motor cycle accident. the parents wanted the school to provide nurse related services throughout the school day.
regular educationresource roomself-contained roomalternative schoolhome schoolresidential care
The case removed a school’s unilateral authority to suspend or expel a student with an IEP for more than 10 days unless there is evidence of weapons, drugs, or serious bodily injury.
The school must get a ruling from a hearing officer or court.
the ruling gave the parent a right to reimbursement of private school tuition in certain situations. If the School District’s offer didn’t meet the definition of FAPE and the parent’s private school placement did give FAPE then they could get reimbursed. The parent’s who privately place their children and seek reimbursement do it at their own financial risk.
2 prong test. the student was not making progress in the general education classroom.
Can education in the regular classroom with the use of supplemental aids and services be achieved satisfactorily?If it cannot, has the school mainstreamed the child to the maximum extent appropriate?
The court refined the first “prong” of the Daniel R.R. test to include four factors that schools must consider before removing a student to a more segregated setting: academic benefit-To what degree is the child benefiting academically from placement in a regular classroom setting? nonacademic benefit-To what degree is the child benefiting in nonacademic ways from placement in a mainstream setting (e.g., language development, appropriate behavior models, social development)? classroom management-To what degree is the child disruptive to other students or to what degree is the teacher’s time being occupied with the student with a disability to the detriment to other students? [The issue of employing supplemental aids and services (equipment, technological, and human) must be taken into consideration.] cost-What is the financial burden placed on the school district relative to the mainstreamed child versus a more segregated placement?
right to due process
parents are guaranteed access to school records and the right to impartial due process hearings when disputes rise in the following areas:eligibilityevaluationprogramplacementcost
60 day rule testing
Special education law (IDEA) states that the assessment of your child must involve various tests and measures to determine whether your child has a disability.
A school district must conduct an initial evaluation to determine if the student qualifies for special education within 60 days of receiving consent. Parents may request only one evaluation per year unless the school is in agreement. HOWEVER, if you disagree with the evaluation, you may request a Independent Education Evaluation at no cost to you.
10 day rule
STAY PUT protection under special education law only apply if your child is facing more than 10 consecutive days out of school. This is referred to as the 10 day rule. A special education student who is suspended from school for LESS than 10 consecutive days is NOT entitled to IDEA protection.
Usually, school suspensions are less than 10 days. If a district intends to suspend or expel a special education student for more than 10 consecutive days it can be considered a change of placement. If this occurs, the district must hold a manifestation IEP to determine if the student’s actions were caused by their disability. If the IEP team determines that they were, then the student’s placement cannot be changed and the STAY PUT rights are activated. If the IEP team determines the student’s behavior was not a result of the disability, the child has no STAY PUT rights and CAN be expelled.
45 day rule
IDEA also makes exception to the 10 day rule if the discipline involves drugs or weapons. A special education student who brings a weapon to school or possesses, uses, sells or solicits the sale of drugs at school or during a school function can be removed for up to 45 days without parental agreement.The student is entitled to an alternative placement during the 45 days.
IDEA requires the IEP team to develop a behavior plan for students whose behavior impedes his or her learning or the learning of others. If a student is removed for more than 10 days, IDEA also requires the IEP team to do a functional behavioral assessment and implement a behavior plan.
A reevaluation to determine the status of the student is conducted at least every three years and sooner if needed. At this time the student will be assessed once again to determine if his/her needs, abilities and/or learning difficulties have changed
unilateral testing and reimbursement
Parents may decide to have an evaluation done without school consent. In this instance, the school is required to give consideration to the evaluation during the case conference. If the school uses the info from this test to determine eligibility, program, or placement issues, the school is obligated to pay the parents for the cost of the test.
An issue relating to the initiation, the change, or the denial of identification, evaluation, or educational placement of a child.
The action taken to notify the state education agency that there is a suspected violation of special education regulations. A complaint triggers an investigation of the suspected problem.
section 504 of the rehabilitation act
According to this law, Individuals with Disabilities are: “persons with a physical or mental impairment which substantially limits one or more major life activities.”where “Major life activities include caring for one’s self, walking, seeing, hearing, speaking, breathing, working, performing manual tasks, and learning.”
The people who gather information through the assessment and evaluation process who are trained in a variety of disciplines. Parents are a part of this team.
americans with disabilities act
The ADA is a wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal.
Disability is defined by the ADA as “…a physical or mental impairment that substantially limits a major life activity.” The determination of whether any particular condition is considered a disability is made on a case by case basis. Certain specific conditions are excluded as disabilities, such as current substance abuse and visual impairment that is correctable by prescription lenses.
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in federally funded programs. This section was modeled on Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972. Title VI prohibits programs receiving federal funds from discriminating against students on the basis of race or national origin; Title IX does so on the basis of gender. Section 504, Title VI, and Title IX all apply to school-to-work systems and programs.
Students who are limited-English proficient are also protected by the Equal Educational Opportunities Act of 1974, which requires educational agencies to take action to overcome language barriers that impede equal participation by students in instructional programs.
mental or physical impairment
substantially limits one or more of the major life activities of an individual
major life activity
include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
record of disability
the individual has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
regarded as being disabled
(A) An individual meets the requirement of ‘being regarded as having such an impairment’ if the individual establishes that he or she has been subjected to an action prohibited under this Act because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.
504 plan can cover obesity in cases where the student is so obese that a major life activity is affected.
not generally covered under 504. in some cases/districts could be viewed as a temporary disability.
drugs and alcohol
A student who is drug addicted but is in recovery and is not currently engaging in the illegal use of drugs, may qualify as a disabled student under Section 504 if the student’s drug addiction substantially limits the student’s ability to perform a major life activity (e.g., to learn or attend school). Such a student may need a modified schedule, school counseling, or another type of special education or related aid or service to participate in or benefit from the district’s education program. A student who is drug addicted and is currently engaging in the illegal use of drugs, however, is excluded from the definition of a disabled student under Section 504. A district is under no obligation to evaluate such a student under Section 504 regardless of the educational impact the drug addiction is having on the student.
A district may treat such a student in the same manner as it treats non-disabled students.
disease specifically named under 504
alternative learning plan
There are four primary cases when a Section 504 Rehabilitation Plan should be considered.
When an IEP team determines that a child no longer requires an IEP and a 504 Plan is needed to document the necessary general education accommodations or modifications to assure ongoing student success. When an IEP team has conducted a case study and a student is found ineligible for special education under IDEA, the team will consider whether a disability under 504 is indicated.
When there is an identified disability not covered by special education (remember, while there are literally hundreds of different types of disabilities, special education law only covers thirteen specific types of disabilities). When a parent approaches a teacher with concerns that his/her child may have a disability that requires special instructional accommodations or program modifications.
regular review/periodic evaluations
review and new evals can be done every three years or once a year.
students with disabilities may be suspended. once the student approaches ten days it is advisable to reconvene the section 504 conference committee to determine causal relationship. is the alt learning plan appropriate?is it being implemented as written?did the disability prevent the student from understanding the impact of the behavior?did the disability prevent the student from controlling the behavior?
considered to be a change of placement precluding a manifestation determination conference
due process hearing (504)
504 plans require impartial due process hearings
section 504 requires that the student’s teacher must be trained in instruction of the student with the particular disability and that appropriate materials and equipment must be available.
the school must inform the parent of any actions proposed by the school district.
this regulations requires that written notice must be provided to the parent prior to changing eligibility evaluation program and placement.
statement of parental rights
this should be included in the notification of a case conference along with a description of what the meeting is about, and identification of all evaluation/results to be discussed.
identification of assessments
included in case conference notice. all evals and results must be discussed.
primary language of parent
the notification will be written in the native language or language understandable to the general public, printed format of notice must be readable.
calling on the phone the day before and telling the parents the meeting is the next morning is not appropriate.
multidisciplinary case conference (does what?)
determines the student’s eligibility for special education
annual case review (who attends?)
The IEP team (listed below) shall participate in the annual review meeting. A. Parent (adult student) B. Student (if appropriate) C.
Case manager D. One CST member (minimum may be the case manager) E. Representative of district (may be CST member or case manager) F. Special education teacher G. Regular education teacher H. Transition service provider (if appropriate)
manifestation determination case conference 4 questions
is the IEP appropriate?is the IEP being implemented as written?did the disability prevent the student from understanding the impact and consequences of the behavior?did the disability prevent the student from controlling the behavior?
right from wrong
did the student try to avoid getting caught? does the student adjust behavior when consequences are negative? if so the behavior may not be related to the disability.
disability prevents control of the behavior
was the act impulsive? did it require planning?
rodiriecus L. v waukegan
the circuit court held that a general education student could not avoid expulsion by claiming protections under IDEA unless school district officials knew or reasonably should have known that the student had a disability
federal torts claims act
the legislation that determines the circumstances under which a government agency waives its sovereign immunity and agrees to be sued for money damages.
waechter v school district 14
a student with a congenital heart condition was forced to perform a gut run (350 yd sprint) despite the fact that the school knew the student was not to engage in strenuous exercise. the boy died of a heart attack. the school tried to cover it up.
abuse by government agencies can only occur when there is a relationship between the individual harmed and the person who inflicted the harm.
when discipline far exceeds the nature of misbehavior
government officials were aware of established and known principles and chose to show deliberate indifference