Disabilities and the Law
Entitlement Laws
* Individuals With Disabilities In Education Act (IDEA)-Only one specific to education -IEP: Individualized education plan
Civil Rights Laws
* Rehabilitation Act: Section 504 (part that talks about education) *Americans With Disabilities Act (ADA)
Disabilities Laws
1973, 1975, 1990, 1997, 2001
1990 Law
Americans With Disabilities Act (ADA) is passed protecting individuals from unlawful discrimination based on disability within the workplace. *ADA amended 2008
Americans With Disabilities Act (ADA)
Guarantees equal opportunity for individuals with disabilities in employment, public accommodations, transportation, and telecommunications.
1997 Law
Individuals With Disabilities In Education Act (IDEA) provides free and appropriate education in the least restrictive environment up to receiving a H.S. diploma or the age of 21. *IDEA amended 2004
2001 Law
Public Law 107 No Child Left Behind was instituted as an educational reform to close the "educational gap" in America.
Section 504 Support E
*"Post secondary institutions must provide academic adjustments that do not compromise the essential requirements of a course or program." (section 104.44) *Student is responsible for self reporting their disability *Institution is responsible for accepting or rejecting request with rationale for denial
Guiding Principles For IEP Development
*Child Centered *Shared Responsibility *Special Ed as service *LRE *General education curriculum, standards, and assessments *Based on individual strengths and needs *Planning for adult outcomes *Includes positive behavior supports *Tool to guide instruction and measure progress
Equal Rights
*Equal quality of life *Equal employment *Equal education
Responsibilities No Matter Your Profile Or Learning Needs
*Know and understand your cognitive profile (strengths, weaknesses, metacognition) *Choose a field for which your strengths are well suited *Know and able to execute strategies that will support your areas of weakness *Keep updated documentation (5 yrs. Lang. Dis./3 yrs. ADD/6 months psych) *Initiate communication about accommodations after acceptance/hiring *Keep track of communication regarding accommodations
ADA Basic Provisions
*Prohibits discrimination against anyone because of a disability by any organization employing 15 or more people. *An extension of Civil Rights Act of 1964. *Extends protections of 504 to schools not receiving federal aid. *More general than IDEA and Section 504 which offer specific safeguards.
Public Law 94-142(1975) to IDEA (1997)
*Provides services that are remedial (IEP) in nature. *Provides free and appropriate education (FAPE) in least restrictive environment (LRE) until H.S. graduation or age 21.
Section 504 Applied
*Students must disclose their disability and provide documentation (although this has been loosened). *"Reasonable accommodation" depends on the individuals disabilities and requirements of the program. *Students may not be denied access due to lack of aids such as electronic texts and interpreters.
IDEA: Entitlement Program
*Success for student *Pre-K through 12th grade *IEP for remediation *Eligibility discrepancy between aptitude and achievement (relative to self)
Section 504 of the Rehabilitation Act of 1973
Prohibits discrimination against disabled (handicapped) in any program that receives federal financial assistance. *Protects students and government employees *Applies to institutions receiving federal financial assistance *Eligibility: otherwise qualified for program, but there exists disparity in some abilities when compared with the abilities of the average person *Civil Rights Act-purpose is to level the playing field *Provides reasonable accommodations and modifications to programs and activities.
1975 Law
Public Law 94-142, the education for all handicapped children is passed (IDEA).
1973 Law
Rehabilitation Act: Section 504 provides access to reasonable accommodations.
