Your Classroom Guide to Special Education Law

Beverley H Johns

• Publisher: Brookes Publishing
• Year: 2016
• ISBN:
  9781681250250
• Topic: Pedagogía
• Subtopic: Educación inclusiva

When you're teaching students who have special needs, what are your legal responsibilities? How can you provide appropriate, legally compliant special education services—and avoid pitfalls that could lead to due process hearings and court dates? Turn to this interactive quick guide for concise, accessible answers. The antidote to thick, cumbersome legal volumes, this book gives educators and administrators the basics of special education law in an engaging, easy-to-read format. With the jargon-free definitions and reader-friendly descriptions of laws and court cases, you'll build a storehouse of knowledge you can apply in your own classroom. And with the thought-provoking activities and real-life scenarios in each chapter, you'll see law-abiding practices in action and put your knowledge to the test so you're ready to fulfill your important responsibilities.

An essential addition to every teacher's professional library—and an ideal supplementary text for teachers in training—this guidebook will help you adhere to the law as you teach students with disabilities and special health care needs.

LEARN YOUR LEGAL RESPONSIBILITIES WHEN

• collaborating with parents and colleagues to build strong partnerships
• developing and implementing IEPs as part of a team
• supervising students and protecting them from abuse and harm
• conducting behavioral interventions fairly and without bias
• documenting the progress and behavior of students, communication with parents and colleagues, and the results of your students' IEPs
• storing and managing your students' school records and personal information
• monitoring your own behavior both inside and outside school (including on social media)

PRACTICAL MATERIALS: Fast facts and recurring interactive features make key concepts easy to learn. You'll get quizzes, "How Would You Rule?" activities, mnemonics of important points to remember, case story comparisons that highlight common mistakes and better approaches, and more.

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1

An Introduction to Special Education Law

Special education is governed by laws and regulations at the federal level and additional applicable state laws, regulations, and court cases that have established key principles guiding the education of students with disabilities. This chapter begins by providing an overview of terminology related to special education law and some basic explanation of how laws come to pass. The chapter then introduces two key federal laws in special education: the Individuals with Disabilities Education Improvement Act (IDEA) of 2004 (PL 108-446) and Section 504 of the Rehabilitation Act of 1973 (PL 93-112). Critical court cases related to special education law are also discussed.

THE BASICS OF LAW

Although it is beyond the scope of this book to spell out every detail of the laws and regulations related to special education, references to laws or regulations are included throughout so school personnel can read more about a specific area if they so desire. In this book, you will see many formal references to federal laws and regulations that apply to special education. Recognizing the meaning of these references is easy with a basic understanding of the terminology involved. A reference that includes the abbreviation U.S.C. (United States Code) indicates a law, whereas a reference that includes the abbreviation C.F.R. (Code of Federal Regulations) indicates a regulation.

A federal law is enacted when Congress passes the law and it is signed by the president. Associated regulations are then drafted within a varied time frame and sent out for public review before being finalized. Regulations are developed to help interpret and implement the law. In addition, states develop their own laws and regulations that go beyond what federal laws and regulations require; however, states that take federal dollars are not allowed to implement laws and regulations that do less than the federal laws and regulations. Besides considering federal laws, those working within special education must also abide by specific state laws and regulations and should make a point of keeping abreast of those provisions through their particular state’s department of education web site and their professional organizations.

In addition to laws and regulations, several instrumental court cases have shaped the principles and policies of education. Specific questions about what laws and regulations truly mean or disagreement about how to interpret a law may occur in certain circumstances. Parents or school districts in these situations seek answers through due process and the courts. Several cases related to education have made their way to the Supreme Court to become the law of the land on certain issues.

Laws and regulations change, and it is important to keep current with what is happening. Educators must keep abreast of what the laws and regulations say in order to be effective. One way to do this is to become a member of local or national professional organizations, attend meetings and workshops (whether in person or online), and sign up to receive communications. School personnel may never completely understand all of the intricacies of the laws and regulations, but it is important to know where to look to find more information.

SECTION 504 AND IDEA 2004

Section 504 protects children with disabilities from discrimination because of their special needs. This law also provides accommodations for students with disabilities, including those who are not eligible for special education. For example, Maria is a student who has diabetes. Her diabetes does not adversely affect her educational performance, so she does not receive special education services, but she does need an accommodation plan that allows her a special diet and more frequent trips to the restroom. Craig has specific allergies to foods. His accommodation plan indicates his dietary restrictions.

In addition to protecting students, Section 504 also protects individuals who may utilize the services of a school building. For example, if the school holds an open house and an individual requires a sign language interpreter to attend the open house, then the school district must provide an interpreter. If a parent utilizes a wheelchair, then the district building must be physically accessible to the parent.

Children who have disabilities that result in an adverse impact on their educational performance are eligible for the protections of IDEA 2004. Penny has been identified as having a specific learning disability. She has difficulty processing visual information and has visual-motor problems. Her learning disability affects her ability to read and write. Jeffrey has attention-deficit/hyperactivity disorder (ADHD) and has been identified as a student needing special education within the category of other health impairment. His ADHD has an adverse impact on his educational performance. Both of these students are eligible for services under IDEA 2004.

Table 1.1 illustrates the differences between Section 504 and IDEA 2004. The following subsections provide a foundational understanding of these laws and regulations and define related terminology. (See a condensed summary of Section 504 and IDEA 2004 later in this chapter.) It is critical to remember that terms, laws, and regulations may change, but the overall goal is equity and access for all students so that they can have a successful, meaningful educational experience.

Table 1.1. Comparison of Section 504 and IDEA 2004

Section 504	IDEA 2004
Disability is defined as a physical or mental impairment that substantially limits one or more major life activities, which include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working (Americans with Disabilities Amendments Act of 2008 [PL 110-325]).	Thirteen different types of disabilities are specified. These disabilities must result in an adverse impact on educational performance that requires special education and related services. Child with a disability means a child with intellectual disabilities, hearing impairments (including deafness), speech-language impairments, visual impairments (including blindness), serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and who, by reason thereof, needs special education and related services (20 U.S.C. Section 1401).
Comparable education and access to what other students receive	Individualized education program (IEP) based on the specific needs of the student
Accommodation plan	IEP for specially designed instruction, accommodations, and modifications
Birth through death	Ages 3–21
Accessibility for students, parents, and other consumers	Special education and related services for the student, including support for school personnel and parent counseling when necessary to provide meaningful benefit to the student

Defining Disability

Disability is defined under Section 504 as a physical or mental impairment that substantially limits one or more major life activities, which include—but are not limited to—caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. Determining whether the physical or mental impairment substantially limits a major life activity is made without regard to the ameliorative effects of measures such as medication, medical devices (e.g., low-vision aids), prosthetics, or cochlear implants. It does not include the effects of contact lenses or eyeglasses (Americans with Disabilities Amendments Act [ADA] of 2008 [PL 110-325]).

There are 13 different types of disabilities specified within IDEA 2004. These disabilities must result in an adverse impact on educational performance that requires special education and related services. The term child with a disability is defined as a child who has intellectual disabilities, hearing impairments (including deafness), speech-language impairments, visual impairments (including blindness), serious emotional disturbance (referred to as emotional disturbance), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and “who, by reason thereof, needs special education and related services” (20 U.S.C. Section 1401). For a child ages 3–9 (or any subset of that age range, including ages 3–5) the term child with a disability may, at the discretion of the state and the local district, include a child experiencing developmental delays as defined by the state (20 U.S.C. Section 1401). This category is used when districts are not certain about the specific nature of the disability, have thoroughly evaluated the child, and wish to utilize this term until they can gain a further understanding of the child’s needs.

Type of Education

A free appropriate public education (FAPE) under Section 504 means an education that is comparable with the education of other students. FAPE under IDEA 2004 means one that is based on the individualized needs of the student and includes specially designed instruction for the student (Johns, 2011). For example, a student whose disability has been identified under the category of emotional disturbance receives services under IDEA 2004 and receives an individualized behavior intervention plan (BIP). That same student cannot have a stricter consequence for a behavior problem than a student without a disability. Educators must follow both Section 504 and IDEA 2004 and make sure that all students with disabilities have access to a comparable education under Section 504. If the child’s disability exhibits an adverse impact on educational performance, then educators must follow the requirements of individualization required in IDEA 2004.

Multidisciplinary Evaluations

A student must receive a thorough multidisciplinary evaluation in order to receive special education services. Informed parental consent must be obtained. An initial evaluation must be conducted within 60 days of receiving parental consent of the evaluation, or the state may establish a time frame within which the evaluation must be conducted. The district must use a variety of assessment tools, and a notice describing any evaluation procedures that the district proposes to conduct must be provided to the parents (20 U.S.C. Section 1414). The various assessment tools and strategies utilized gather relevant functional, developmental, and academic information and include information provided by the parent. These tools assist the multidisciplinary team in determining whether the child has a disability and the content of the child’s individualized education program (IEP). Teams are never allowed to use any single measure or assessment as the sole criterion for determining whether a child has a disability or for determining the type of educational program that the student needs. The team must also use technically sound instruments that are 1) selected and administered so as not to be discriminatory on a racial or cultural bias, 2) provided and administered in the language and form most likely to yield accurate information, 3) used for purposes for which the assessments or measures are valid and reliable, 4) administered by trained and knowledgeable personnel, and 5) administered in accordance with any instructions provided by the producer of the assessment (34 C.F.R. ...