Special Education and Processing Midterm

The IDEA reauthorizations in 1997 and 2004 were different from the original EAHCA because increased emphasis was put on the statement of goals in the IEP that required that the IEP must

d. both b and c accurately measure and report student progress and clearly describe how the goals will be met

The ADA is similar to Section 504 of the Rehabilitation Act of 1973, but

extends the scope of 504

The IDEA does not require that states provide special education services to students labeled

gifted and talented

Major life activities as defined by 504

include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

Plessy

was a landmark decision of the U.S. Supreme Court that upheld the constitutionality of racial segregation laws for public facilities as long as the segregated facilities were equal in quality - a doctrine that came to be known as "separate but equal".

In the citation 300 F.2d 95 (4th Cir. 1986) the volume number is

300

Which of the following persons are protected under Section 504? (May be more than one answer)

A (Children with ADHD), B (School employees with disabilities), C (Parents with disabilities), D (Aged persons with disabilities), F (Students in special education) EVERYONE EXCEPT STUDENTS ENROLLED IN PRIVATE SCHOOL

Which of the following are not subject to the ADA?

ALL of the above are subject to the ADA: preschools, public schools, private schools, private universities

ADHD

Attention Deficit Hyperactivity Disorder- A common behavior disorder. IDEA makes it clear that ADHD is included in the list of conditions that could render a child eligible for special education services

A primary purpose of Part B of the IDEA is to B

Delineate the educational requirements of the law.

Section 504 and the ADA are similar in that they both primarily address

Discrimination

Until 1990 the IDEA was known as the

Education of All Handicapped Children Act

LRE

Least Restrictive Environment- Part of the Individuals with Disabilities Education Act (IDEA). IDEA says that children who receive special education should learn in the least restrictive environment. This means they should spend as much time as possible with peers who do not receive special education.

Which of the following conditions are excluded from coverage under the ADA? (May be more than one answer)

Pregnancy and compulsive gambling

What is the purpose of the ADA?

The purpose of the ADA is to prohibit discrimination on the basis of disability

Which of the following is a secondary legal source? a.United States Code Annotated. b.West's Education Law Reporter. c.Federal Supplement. d.Federal Reporter, 2nd edition.

West's Educational Law Reporter

Administrative responsibilities under 504

1. Appoint a 504 coordinator 2. Notify the public of district responsibilities under section 504 3. Conduct a self-evaluation to ensure compliance 4. Establish grievance procedures

There are four major sources of law in the United States. Explain these sources

1. Constitutional law- laws defined or interpreted as being defined in the Constitution 2. Statutory law or statutes passed by congress 3. Regulatory law or laws created by administrative agencies to enforce Congressional statutes 4. Case law, or published opinions of judges that arise from court cases and offer interpretations of statutes, regulations, and/or constitutional provisions

Educational obligations under 504

1. Identify students who might be eligible for aid 2. Evaluate students to determine eligibility 3. Ensure that FAPE is provided to all students 4. Ensure that students are placed in their least restrictive environment

List and describe the three categories of primary source material.

1. Statutes- Laws enacted by the legislative branch. There are federal statutes and state statutes. Both forms can be amended and replaced. 2. Regulations- Federal administrative agencies often create regulations to execute and enforce federal statutes. States can also write regulations. 3. Case law- Court opinions that interpret statutes and regulations. Rulings of the court must be implemented.

On what page of the appropriate court reporter does Daniel R.R. v. State Board of Education, 854 F.2d 1036 (5th Cir. 1989) begin?

1036

The _____________ Amendment to the Constitution has become the legal basis for decisions in special education.

14th

8. Label the components (underlined) of the following citations. a. 34 C.F.R. 303.404 b. 29 U.S.C. 794 (b) c. 347 U.S. 483

34 is the title number. The C.F.R. stands for the code of federal regulations. 303. 404 is the section number. 29 is the title number. The U.S.C. stands for the United States Code. 794 refers to the section this source came from and (b) reveals the subsection. 347 is the volume number. U.S stands for United States Reporter (Supreme Court), and the 483 is the page number

PL 94-142

AKA Education for ALL Handicapped Children Act (EAHCA) first passed by congress in 1975 , has been amended over the years into today's individuals with Disabilities Education Act (IDEA)

Which of the following problems should trigger a referral under Section 504? (May be more than one answer) a.A student was referred to special education but a decision was made not to evaluate him or her. b.A student is referred by his or her parents for evaluation under Section 504. c.A student is referred by his or her teacher for evaluation under Section 504. d.A student exhibits a chronic health condition. e.A student may be abusing drugs. f.A student returns to school after a serious illness or injury. g.A student was referred to special education but was determined not to be eligible for services under the IDEA.

All are correct

The Council for Exceptional Children (CEC) is an organization that is a major force in:

All of the above: Developing innovate educational programming, pre- and in-service teacher education, policy making and lobbying efforts

Which of the following has been determined not to be a disability under Section 504?

All of the above: emotional disturbances, specific learning disabilities, orthopedic impairments, communicable diseases

ADA

Americans with Disabilities Act- A civil rights law to prohibit discrimination solely on the basis of disability in employment, public services, and accommodations.

In 1990 what two disability categories did IDEA add?

Autism and traumatic brain injury

Prior to 1975, students with disabilities access to educational opportunities were mainly limited because:

Both A and B: Often students with disabilities were completely excluded form public schools and teachers were inefficiently prepared to teach disabled students

Briefly explain the decision in Brown v. Board of Education (1954). How did this decision affect the education of students with disabilities?

Brown v. Board of Education ruled that everyone living in America deserves equal educational opportunities, that separate is not equal. In the 1950s, this decision led to the desegregation of public schools. Since then, the precedent set by Brown v. Board of Education has been used to provide equal educational opportunities to children with disabilities. Thanks to Brown v. Board, students cannot be denied education because of their disability.

Daniel RR vs. State board of education

Daniel RR was a 6 year old boy who was identified for special ed with moderate retardation. He was developmentally like a 2 or 3 year old. He spent half his day in a Pre-K classroom and the other half in a special education classroom. The Pre-K teacher said he needed constant attention, so the school moved him to special ed all day. His parents requested a hearing because they wanted him in the regular education classroom as much as possible. Because it was found that Daniel was receiving little to no educational benefit in the classroom, the court agreed with the school. The case was then taken to the District Court and they also agreed with the school.

ERIC

Education Resource Information Center- an online database that contains more than 1.6 million records and links to more than 631,000 full-text documents, records for a variety of source types, including journal articles, books, conference papers, curriculum guides, policy papers and more

EAHCA

Education for All Handicapped Children Act of 1975- This act required all public schools accepting federal funds to provide equal access to education for children with physical and mental disabilities. Became IDEA in 1990

1. According to Zirkel, the matter of ______________ has been the subject of more Office of Civil Rights investigations than any other requirement of Section 504.

Evaluation

According to Zirkel, the matter of ______________ has been the subject of more Office of Civil Rights investigations than any other requirement of Section 504.

Evaluation

What publication contains Federal Regulations? a.USCA b.USC c.FR d.S. Ct.

FR

FAPE

Free Appropriate Public Education- an educational right of all children in the United States that is guaranteed by the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act

The Section 504 requirement that educational services designed to meet the needs of students with disabilities must do so as adequately as services designed to meet the needs of students without disabilities is referred to as

Free appropriate public education

A primary purpose of Part D of the IDEA is to D

Fund activities that support the education of students with disabilities

IDEA vs. Section 504

IDEA is more specific about the definition of disability, as section 504 offers a much broader definition of what qualifies as a disability

IDEA

Individuals with Disabilities Education Act- An education act to provide federal financial assistance to State and local education agencies to guarantee special education and related services to eligible children with disabilities. Uses a categorical approach to delineate students covered by the law by setting 13 categories of disabilities covered by the act .

IDEIA

Individuals with Disabilities Education Improvement Act- a federal law that provides partial funding to states to educate the nation's more than six million students receiving special education

ID or IDD

Intellectual disability, formerly labeled "mental retardation," is defined by the Individuals with Disabilities Education Act (IDEA). There are also developmental and cognitive disabilities

Describe the National Research Center in Special Education. Where is it housed? What are its major purposes?

It is one of four centers within the institute of education science. IT supports rigorous research on infants, toddlers, children, and youth with and at risk for disabilities through advancing the understanding of and practices for teaching, learning, and organizing education systems.

OHI

Other health impairment- Under IDEA, a child who has an "other health impairment" is very likely to be eligible for special services to help the child address his or her educational, developmental, and functional needs resulting from the disability.

The Education of All Handicapped Children Act of 1975 was popularly known as

P.L. 94-142

Briefly explain the decisions in Pennsylvania Association for Retarded Citizens v. Pennsylvania and Mills v. Board of Education and their importance to students with disabilities.

PARC v. Pennsylvania ruled that all children with mental retardation between ages six and twenty one must have access to free public education and that it is ideal to educate disabled students in a program most like the programs provided for their non-disabled peers. PARC v. PA was important for special education because it meant that students with disabilities would receive education as similar to their peers as possible. This increases their likelihood of success. Mills v. Board of Education ruled that public school must provide all children with disabilities a publicly supported education and that the district must provide due process safeguards. Mills v. Board of Education also outlined due process procedure for labeling, placement, and exclusion of students with disabilities. Mills v. Board of Education was an important case because it created specific parameters for dealing with disabled students. Because of Mills v. Board schools cannot get away with giving disabled students unfair treatment.

Which of the following cases was resolved by a consent agreement specifying that all children with mental retardation must be provided a free public education?

PARC vs. Pennsylvania

Describe the four major parts of the IDEA and their purposes.

Part A General Provisions: Part A outlines the IDEA's general provisions and gives definitions used throughout the statute. Part B Assistance for All Children with Disabilities: Part B contains information regarding the state grants. The state grants assist states in providing a free appropriate public education to all qualified children who live in the state Part C Infants and Toddlers with Disabilities: Includes provisions related to formula grants that assist states in providing early intervention services for infants and toddlers with disabilities and their families. Part D National Activities to Improve Education of Children with Disabilities: Contains support or discretionary programs that support the implementation of the IDEA and help states improve the education of students with disabilities.

The resources used to facilitate the legal research process are:

Primary sources, finding tools and secondary materials

Give 4 examples of public accommodations operated by a private entity that are covered by the ADA.

Privately-owned entities covered by ADA - 1. Places of lodging 2. Bars and restaurants 3. Stores and shopping centers 4. Places of recreation

In the ADA, modifications to the job or work environment that will remove barriers and enable individuals to perform a job are called:

Reasonable accommodations

Explain the three generic levels of courts in the United States. How are these level reflected in the federal judiciary? What are the functions of these courts? What is their hierarchy from least to most powerful? What are their primary responsibilities?

Supreme Court - highest court in the country, rulings apply to all lower courts, primary function is to determine if the law was applied correctly by the lower cour Courts of Appeals - primary function is similar to the Supreme Court in that the appeals courts are concerned with whether or not the law was applied correctly. Decisions in these courts apply to all lower courts in their jurisdiction, but not to courts outside their jurisdiction District Courts - lowest level of the federal court system, primary function is to determine the facts of the case and make rulings based on these facts.

The ____________ is the largest international professional organization dedicated to the education of students with disabilities.

The Council for Exceptional Children

CEC

The Council for Exceptional Children- a national, non-profit, professional organization dedicated to improving educational outcomes for spe individuals. It provides support, continuing education and resources for teachers and families of students in special and gifted education

In 1990 the name of the Education of All Handicapped Children Act was changed in the

The Individuals with Disabilities Education Act

OCR

The Office for Civil Rights- Part of the U.S Department of Education. An important responsibility of the Office for Civil Rights (OCR) is to eliminate discrimination on the basis of disability

Which of the following administrative agencies monitors LEA and SEA compliance with the IDEA?

The Office of Special Education Programs (OSEP) in the U.S. Department of Education.

Which of the following levels of courts has the power to deny appeals?

The Supreme Court aka the Court of Last Resort

PARC vs. PA Department of Education

The court decision was in favor of P.A.R.C, ruling that all children with mental retardation between ages six and twenty-one must have access to free public education and that it is ideal to educate disabled students in a program as similar as possible to the programs provided for their non-disabled peers.

Mills vs. Board of Education

The court ruled in favor of Mills and ordered schools to provide due process safeguards. Thanks to Mills vs. Board, parents can challenge the education system

What is the basic or primary source of law in the United States?

The primary source of law in the United States is the Constitution. The Constitution defines the fundamental rules of the American system, sets the parameters for governmental action, and allocates power and responsibility among the three branches.

Describe the two sources of judicial power.

The two sources of judicial power are known as horizontal power and vertical power. Horizontal power has two types: supreme power and limited power. Supreme power is used when the courts act as the ultimate interpreter of the Constitution. Limited power is used when the courts interpret laws created by the legislative branch. The legislative branch has the final say. Vertical power refers to the hierarchical nature of the judicial system. The order of courts from least powerful to most powerful is the trial court, the appellate of intermediate court, and finally the court of last resort or the Supreme Court.

List the five titles of the ADA?

Title I - Employment Title 2 - Public Services Title 3 - Public Accommodations Operated by a Private Entity Title 4 - Telecommunications Title 5 - Miscellaneous Provisions

TBI

Traumatic brain injury-IDEA outlines the conditions that fall within this classification, formally defining TBI as "an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects learning"

Explain the major principles of Part B of the IDEA.

Zero reject Identification and evaluation- IDEA includes protection in evaluation procedures Free and appropriate public education Least restrictive environment Procedural safeguards- protects the interest of disabled students, ensures parents are equal participants Technology-related assisstance- the purpose was to establish a program of federal grants to states to promote technology related assistance Personnel development Parent participation w

Elementary and secondary education act of 1965

an extensive statute that funds primary and secondary education, emphasizing high standards and accountability. As mandated in the act, funds are authorized for professional development, instructional materials, resources to support educational programs, and the promotion of parental involvement.