Legal Aspects of Special Education
and Social Foundations
Legal Aspects of Special Education
and Social Foundations
The Individuals with Disabilities Education Act
Historical DevelopmentHistorical 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
Education of the Handicapped ActEducation 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
Legislation of “72Legislation 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
Amendments of ‘75Amendments 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
Congressional StatementCongressional 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
LimitationsLimitations
Increased exclusion Inadequate services No diagnosis Lack of resources
Increased exclusion Inadequate services No diagnosis Lack of resources
PurposePurpose
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
Procedural RightsProcedural Rights
Individualization Categorical approach Educational impact
Individualization Categorical approach Educational impact
CategoriesCategories
Autism Deaf-blindness Deafness Hearing impairment Mental retardation Multiple disabilities Orthopedic impairments
Autism Deaf-blindness Deafness Hearing impairment Mental retardation Multiple disabilities Orthopedic impairments
CategoriesCategories
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
Age requirementsAge 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
AmendmentsAmendments
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
Four SubchaptersFour 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
Part APart A
Findings Definitions “Highly qualified teacher” Goals of IDEA
Findings Definitions “Highly qualified teacher” Goals of IDEA
Part BPart B
Educational requirements State grant program (plan for FAPE) Procedural safeguards Provisions
Educational requirements State grant program (plan for FAPE) Procedural safeguards Provisions
ProvisionsProvisions
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
Zero rejectZero 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
Identification and EvaluationIdentification 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
Free Appropriate Public EducationFree 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
Least Restrictive EnvironmentLeast 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
Procedural SafeguardsProcedural 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”
Technology-Related AssistancedTechnology-Related Assistanced
Devices Services
Devices Services
Personnel DevelopmentPersonnel Development
Development grant Highly qualified standards
Development grant Highly qualified standards
Parent Participation Parent Participation