Chapter TwoPolicies, Practices, and ProgramsPolicies, Practices, and Programs

Key Special Education Court Cases Brown v. Board of Education of Topeka,

Kansas (1954) PARC v. Commonwealth of Pennsylvania

(1972) Board of Education of the Hendrick Hudson

Central School District v. Rowley (1982) Daniel R.R. v. State Board of Education

(1989) Oberti vs. Board of Education of the

Borough of Clementon School District (1992)

Cedar Rapids Community School District v. Garret F. (1999)

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Key Special Education Legislation

PL 94-142 (1975) Education for all Handicapped Children Act

PL 99-457 (1986 Amendments to PL 94-142) Education of the Handicapped Act Amendments of 1986

PL 101-476 (1990 Amendments to PL 94-142) Individuals with Disabilities Education Act (IDEA)

PL 105-17 (1997 Amendments to IDEA)IDEA Act Amendments of 1997

PL 108-446 (2004)Individuals with Disabilities Education Improvement Act of 2004

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PL 94-142 The Education for All Handicapped Children Act

Called the “Bill of Rights” for children with disabilities, the “legislative heart of special education,” and the “Parent’s Law.”

Free Appropriate Public Education (FAPE)Least Restrictive Environment (LRE) Individualized Education Program (IEP)Procedural Due ProcessNondiscriminatory AssessmentParental Participation

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PL 99-457 Education of the Handicapped Act Amendments of 1986

Affected education and services for young children with special needs and their families

Preschoolers (age 3-5) Children from birth through age 2 Individualized Family Service Plan (IFSP)

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PL 101-476 Individuals with Disabilities Education Act (IDEA)

1990 amendments renamed PL 94-142 as the Individuals with Disabilities Education Act (IDEA)

Current language used to describe people with disabilities

Individual Transition Plan (ITP) required Expanded related services Added autism and traumatic brain injury as

distinct disability categories States held accountable to implement law

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PL 105-17 IDEA Act Amendments of 1997

Disciplinary considerations IEP changes to support inclusion and

transitionRelated services expanded to include

orientation and mobility servicesMediation procedures developed Expanded category of developmental

delay Evaluation and reevaluation

requirements changedFederal funding changesPerformance goals/accountability

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PL 107-110 No Child Left Behind Act of 2001

Reauthorization of the Elementary and Secondary Education Act

Annual testing for all students in certain grades to demonstrate adequate yearly progress in mathematics, reading, and science

Public access to schools’ performance on tests

Provides for parental choice in schools that do not meet annual progress goals

Schools not making sufficient annual progress offer additional services to students

Highly Qualified status for teachers

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PL 108-446Individuals with Disabilities Education Improvement Act of 2004

Special education services aligned with national school improvement efforts

IEP changesIdentification of students with learning

disabilities through Response to Intervention (RTI)

Highly qualified special education teachers

DisciplineDue processEvaluation of studentsAssessment participation

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Key Civil Rights LegislationSection 504 of the Rehabilitation Act

of 1973This act employs a broader definition of

eligibility than IDEA and states that no individual can be excluded, solely because of their disability, from participating in any program or activity receiving federal funding, including schools.

Schools may be required to develop plans to meet the needs of students who require accommodations.

Section 504 covers the entire lifespan not just the school years.

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PL 101-336 (1990): Americans with Disabilities Act (ADA) Designed to eliminate discrimination

against people with disabilities in the public and private sectors.

Expanded definitions of eligibility may include people with AIDS, substance abuse issues, or any impairment that limits a major life activity.

Employers, mass transit systems, and companies who provide products and services must make “reasonable accommodations” for people with disabilities.

View the ADA Video Library to watch videos related to the ADA

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PL 110-325: The Americans with Disabilities Act Amendments of 2008Reauthorization of the ADA; commonly called

ADAABecame effective January 2009Broader interpretation of disability includes

additional life activities (reading, concentrating, thinking) or body functions (such as immune system or neurological functioning)

Interpretation of “substantial limitation” made without considering the effects of mitigating measures like medication or medical equipment

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Table 2.2 A Comparison of Key Features of IDEA and Section 504

Identification and Assessment of Individual Differences Interindividual differences are

differences between students (examples: height, sports skill, reading ability)

Intraindividual differences are differences within a student (examples: individual strengths and weaknesses)

Both are important considerations for the IEP team and classroom teacher

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Referral and Assessment for Special Education

Prereferral Interventions are designed by a support team

and implemented within the classroom to assist a struggling child.

ReferralChild is formally referred for assessment.

AssessmentParental permission is obtained. Evaluation is

conducted by a multidisciplinary team to determine if a disability is present.

View this video for an example of the Referral Process

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Individualized Education Program(IEP)An IEP is created by a team that includes:

A parent/guardianThe student, when appropriateThe child’s teachers including a general

education teacher and a special educatorA representative from the school districtAn individual able to interpret the

instructional implications of the assessments conducted

Other professionals as appropriate

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IFSP Components Individualized Family Service Plan (IFSP)

supports infants and toddlers with disabilities and their families.

Developed based on assessments by professionals and family input.

Goals developed to reflect the family’s priorities and needs.

Reviewed every 6 months

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21Source: Adapted from Individuals with Disabilities Education Improvement Act of 2004, Title 20 U.S. Code (U.S.C.) 1400 et seq, Part B

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Cascade of Service Delivery Options

The Least Restrictive (LRE) option is the general education classroom because it provides the most access to children without disabilities.

Increased emphasis on providing supports and services within the general education classroom.

Students may need a more restrictive setting to meet their unique needs.

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