Special Education Law, Policies and Procedures - D754
IDEA
A federal law that helps students with disabilities receive the support they need to succeed in school
Due Process Complaint/ Hearing Request
A formal legal process where parents can challenge decisions regarding their child's special education services. It involves a hearing before an impartial hearing officer who makes a binding decision.
Child Find
A legal mandate under the Individuals with Disabilities Education Act (IDEA) requiring public schools to identify, locate, and evaluate all children with exceptionalities who may need special education and related services.
Resolution Meeting
A meeting will be held within 15 days of a due process complaint filing, where parents and the school district try to resolve the dispute before proceeding to a hearing. Participation is mandatory unless both parties agree to waive it.
Zero Reject
A principle under IDEA that says no child with a disability can be denied access to public education. Schools must provide services to all eligible students, no matter how severe their disabilities are.
resource room
A resource room is a special classroom where students with exceptionalities get extra help. In this room, a teacher or specialist works with them on specific subjects or skills. Students spend part of their day in the resource room and the rest in their general education classroom
Stay Put
A safeguard that keeps students with IEPs in their current educational setting during disputes.
Individual Transition Plan (ITP)
A set of activities designed to help the student smoothly move from high school to life after graduation. This includes transitioning from the protections under IDEA to the civil rights protections under Section 504 and the Americans with Disabilities Act (ADA)
speech-language pathologist/therapist
A specialist who support children with language or speech disorders in schools by collaborating with teachers, parents, and caregivers to develop tailored intervention plans for each child's needs
Written State Complaint
A written complaint filed by parents or others with the state education agency alleging a violation of Special Educational Law. The state investigates and issues a written decision in a specific time frame.
independent educational evaluation (IEE)
An unbiased assessment of a student's educational needs done by a qualified examiner who does not work for the school district. Parents can ask for an IEE if they disagree with the school's evaluation.
By ensuring decisions are based on data, individual student needs, and fair, equitable practices
How should the CEC ethical principles and standards guide a special education teacher's decision-making process?
convergence of data
Refers to combining information from different sources to gain a clearer understanding. In education, it involves using various assessments and feedback from teachers and parents to help identify learning disabilities and make informed decisions about a student's needs.
exclusionary factors
Situations that can affect a child's ability to do well in school but should not be used to decide if a child needs special education. Examples include living in poverty, experiencing trauma, being an English learner, frequently missing school, or being unhoused. These factors may influence a child's performance but do not mean the child has a disability.
annual measurable goals
These are clear targets for what the student should achieve by the end of the year. The goals include both schoolwork and daily life skills, so progress can be tracked easily
Brown v. Board of Education 1954
This case declared that racial segregation in public schools violated due process and equal protection of Constitutional rights
*Pennsylvania Association for Retarded Citizens (PARC) v. Commonwealth of Pennsylvania, 1971
This case extended the rights of equal protection and due process to children with intellectual disabilities, ruling that they could not be denied access to public education and were entitled to a free public education.
Mills v. Board of Education of the District of Columbia 1972
This case ruled that children with emotional disturbance and behavior challenges cannot be excluded from public school enrollment. It also emphasized that a lack of funds was not an acceptable excuse for failing to provide education to students with exceptionalities.
day treatment
This is a program where students with special needs get extra support during the day. It usually takes place in a special school and includes both education and therapy to help students learn and develop social skills.
continuum of alternative placements
This means a range of different schools or classes for students with exceptionalities. It goes from the least restrictive, like regular classrooms, to the most restrictive, like special schools. This helps each student learn in the best place for them.
present levels of academic achievement and functional performance (PLAAFP)
This part of the IEP shows what the student can do right now in school, including both academic skills and other important skills like behavior and social skills. It explains how the student's disability affects their learning and helps set goals for improvement
A child who has been evaluated and identified with one or more IDEA disabilities, which causes lack of progress in the general education curriculum and requires special education and related services.
Under the Individuals with Disabilities Education Act (IDEA), how is a "child with a disability" defined?
Districts may be required to pay for private school tuition. Parents can file a due process complaint. Students may fail to make adequate progress. Schools could face state or federal oversight. Loss of federal funding for special education programs.
Which five of the following are consequences of noncompliance with special education laws, including failure to provide a free appropriate public education (FAPE)?
Parents have the right to be informed and involved in all special education decisions, can withdraw consent at any time, and schools must document efforts to involve parents.
Which of the following best describes the concept of informed consent in the IEP process?
To prepare students with exceptionalities for life after high school, including post-secondary education, employment, and independent living
Which of the following best describes the purpose of transition planning within the individualized education program (IEP) process?
It assesses whether the student's behavior is a manifestation of the school's failure to implement the IEP appropriately.
Which of the following statements accurately describes the purpose of manifestation determination within the individualized education program (IEP) framework?
A change in placement occurs when a student with an exceptionality is suspended from school for more than ten cumulative school days or when there is a pattern of removals.
Which of the following statements best describes a change in placement for discipline under the Individuals with Disabilities Education Act (IDEA)?
IDEA provides an Individualized Education Program (IEP) for eligible students, while Section 504 offers accommodations to ensure access to the general education curriculum for a broader range of exceptionalities.
Which of the following statements correctly distinguishes between the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973?
Providing students with disabilities access to educational settings that best meet their needs while maximizing interaction with peers who do not have disabilities as appropriate
Which principle lies at the heart of the least restrictive environment (LRE) concept in special education, as mandated by the Individuals with Disabilities Education Act (IDEA)?
The "Stay Put" provision ensures that students remain in their current educational setting while disputes are being resolved.
Which procedural safeguard under IDEA ensures that a student remains in their current educational placement during disputes about their IEP or services?
Larry P. v. Riles (1972)
ruled that using standardized IQ tests to place African American students in special education classes in California was discriminatory and culturally biased; the court found that these tests disproportionately identified Black students as intellectually disabled, leading to unfair educational placements
meaningful progress
schools must create educational programs that help students progress based on their circumstances. The Court stressed that students with disabilities deserve more than just small advancements; they need meaningful educational benefits that allow them to achieve significant progress
special circumstances
specific situations involving drugs, weapons, or serious harm, where a student may be placed in an IAES to ensure safety
Council for Exceptional Children's Standards for Professional Practice
standards teachers must adhere to in order to support all students effectively
opportunities for progress
students must have chances to meet these challenging goals
Positive Behavioral Interventions and Supports (PBIS)
systems that focus on improving behavior through positive reinforcement in regular classrooms in order to reduce the need for special education
Tier 2 instruction
targeted interventions provided to students who demonstrate mild to moderate academic or behavioral challenges that universal supports alone do not address adequately
change in placement
when a student with an exceptionality is removed from their educational setting for more than 10 days (about one and a half weeks) in a school year, which requires additional services
Honig v. Doe Case
a Supreme Court case that ruled schools cannot indefinitely remove students with exceptionalities from their educational setting, even for serious behavior issues
Board of Education v. Rowley
a Supreme Court decision that defined how much progress is needed for FAPE under IDEA
accommodation
a change made to the way instruction is delivered or to the way curriculum is accessed by a student
Americans with Disabilities Act (ADA): 1990
a civil rights law designed to remove barriers and promote equal opportunities for individuals with disabilities in various daily activities
disability category
a classification under IDEA that defines specific types of exceptionalities, such as autism or specific learning disability, that can affect a student's educational performance
disability/exceptionality
a condition that affects a person's body or mind, resulting in activity limitation (when certain activities are more challenging) and participation restrictions (limits to their interaction with the world around them)
prior written notice (PWN)
a document from the school district that tells parents about important decisions or actions regarding their child's special education; helps parents understand what is happening and their rights in the process
qualified individual with a disability
a person who has a physical or mental impairment that significantly limits one or more major life activities, has a record of such impairment, or is regarded as having such an impairment
least restrictive environment (LRE)
a principle of IDEA that aims to include students with disabilities in general education classrooms to the maximum extent feasible
Free Appropriate Public Education (FAPE)
a principle of IDEA that guarantees that students with disabilities can access educational services that are tailored to their needs without incurring costs
manifestation determination
a process used to decide if a student's behavior leading to discipline is caused by their exceptionality or by the school's failure to implement the IEP
occupational therapist
a professional who assesses fine motor skills, sensory processing, and daily living activities, helping students develop skills necessary for everyday tasks
social worker/counselor
a professional who provides information on the social, emotional, and environmental factors that may affect a student's behavior and learning
self-contained classroom
a separate classroom designed for students with disabilities; this setting focuses on meeting their specific learning needs and usually has fewer students per teacher
denial of FAPE
a situation where a student does not receive the free public education they are entitled to, resulting in a loss of educational opportunities
physical therapist
a specialist who evaluates a student's gross motor skills and physical functioning, supporting physical development and mobility
interim alternative educational setting (IAES)
a temporary placement for students with exceptionalities involved in serious disciplinary incidents, such as drug use or weapons possession
annual review
a yearly meeting where the IEP team reviews a student's progress, checks if the current goals were met, and sets new goals for the next year; ensures the IEP stays updated and meets the student's needs
compensatory education
additional educational services provided to make up for the time lost due to the denial of FAPE
reasonable accommodations
adjustments made to enable individuals with disabilities to perform their job or access services, such as modifying work schedules or providing assistive devices
IQ-achievement discrepancy model
compares the IQ score to the student's achievement score
specially designed instruction
custom teaching methods and materials made to fit the needs of students with exceptionalities
specific learning disabilities (SLD)
defined under the Individuals with Disabilities Education Act (IDEA) as disorders in one or more of the basic psychological processes involved in understanding or using language, spoken or written, which may manifest in difficulties with listening, thinking, speaking, reading, writing, spelling, or doing mathematical calculations
multi-disciplinary team (MDT)
ensures a fair and thorough evaluation of students
opportunity to learn (OTL)
equitable access to the necessary resources, instructional time, and supportive learning environments to meet academic standards and succeed in school
dispute resolution models
essential models for resolving conflicts between parents and schools regarding the education of students with exceptionalities
major life activities
functions that include caring for oneself, seeing, hearing, walking, learning, and working, which are substantially limited by a disability
IDEA eligibility categories
13
1 Action proposed or denied 2 Explanation 3 Objective data that supports the decision 4 Options considered 5 Other Factors 6 How parents can obtain assistance
6 Key Elements of Prior Written Notice
IEP team
Creates and updates a student's individualized education program (IEP). It includes parents, teachers, an administrator, and a school psychologist. They work together to ensure the student gets the support needed to succeed in school.
disproportionality
Happens when a specific racial or ethnic group is overrepresented or underrepresented in special education compared to their overall number in the school. This shows that there are issues in how students are identified and supported.
Section 504 of the Rehabilitation Act of 1973
Is a federal law that prohibits discrimination based on disability in programs or activities that receive federal financial assistance, ensuring that students with disabilities receive accommodations to access education equally.
mediation
It is a voluntary process where a neutral mediator helps parents and school staff resolve disagreements about a student's IEP. The mediator encourages communication to help both sides find a solution that meets the student's needs.
complaint resolution procedures
Official steps for handling complaints about special education laws. Managed by state education agencies, complaint resolution procedures help solve problems by investigating and resolving issues. This process ensures that everyone follows the rules and helps address concerns about special education services.
timeframe for initial evaluation
Once parents provide their consent, the school has 60 days (about two months) to conduct the initial evaluation and determine eligibility for an IEP.
Provide a written report explaining their decision and include data
What action should the IEP team take if a decision conflicts with a parent's preference according to the Endrew case?
FAPE (Free Appropriate Public Education) Appropriate Evaluation IEP (Individualized Education Plan) LRE (Least Restrictive Environment) Parent Participation Procedural Safeguards
What are the 6 key principles of IDEA?
prohibit discrimination remove barriers provide access
What are the three main pillars of ADA?
Schools must first attempt to educate students with disabilities in the general education classroom with appropriate supports before considering more restrictive environments.
What is the key process schools must follow to determine the least restrictive environment (LRE) for students with exceptionalities under the Individuals with Disabilities Education Act (IDEA)?
nondiscriminatory evaluation
an evaluation process that is free from racial, cultural, or other biases, ensuring fair assessment of students' abilities and eligibility for special education services
appropriately ambitious goals
appropriately ambitious goals
three-year reevaluations
assessments conducted every three years to determine if a student with exceptionalities continues to meet the eligibility criteria for special education services under IDEA
Diana v. State Board of Education (1970)
required that students be tested in their primary language to prevent misidentification of language barriers as intellectual disabilities; this ruling helped ensure that students, particularly non-English speakers, were not unfairly placed in special education due to language differences
Endrew F. v. Douglas County School District
raised the FAPE standard by requiring IEPs to have ambitious goals that allow students to make meaningful progress, rather than just providing minimal benefits
private school tuition reimbursement
payment by the school for a student's private school tuition if FAPE is not provided in a public school
professional responsibilities and ethics
performing as an exemplar of professional service and integrity throughout the profession and community
Tier 3 instruction
personalized, intensive interventions designed for students who have not responded adequately to previous levels of support (Tier 1 and Tier 2)
procedural safeguards
procedural safeguards are designed to protect the rights of parents and their child with a disability and, at the same time, give families and school systems several mechanisms by which to resolve their disputes
related service providers
professionals invited to participate in the MDT based on a student's needs, providing specialized knowledge and assessments in areas like speech, occupational, or physical therapy
Response to Intervention (RTI)
provides extra help for students struggling with academics
professional dispositions
the beliefs, virtues, values, and ethics addressing qualities of character, intellect, and care that are part of the fabric of the education profession; dispositions comprise the habits built on professional action and moral commitments underlying an educator's performance
educational progress
the improvement a student makes in regular classes, showing they are learning from the services provided
evaluation bias
the presence of unfair or prejudiced factors in the evaluation process that can lead to inaccurate assessments of students' abilities and needs
informed consent
the process by which individuals, typically parents or guardians, are fully informed about a proposed action or decision regarding a student's education, especially in special education settings
eligibility determination
the process of reviewing data to decide if a student qualifies as a child with an exceptionality under IDEA and needs special education services
service continuation
the requirement to continue providing educational services after 10 days (about one and a half weeks) of suspension to help students keep up with their learning and IEP goals
communication systems transportation gateway testing private entities employment housing
the six elements of what ADA covers.
non-biased multi-disciplinary evaluation
this is a fair assessment process required by the Individuals with Disabilities Education Act (IDEA). It collects different types of data to evaluate a student's needs related to their disability. The evaluation must be free from racial, cultural, or language bias and should be conducted by trained professionals
