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17 Cards in this Set
- Front
- Back
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EARLY LANDMARK CASES
MILLS v. BD OF EDUC OF DISTRICT COLUMBIA (1972) & P.A.R.C. v. COMMONWEALTH OF PA (1972) *These cases laid the foundation upon which our current Special Educational law has been built. *Counsel for the students demanded a free appropriate education, an IEP, & due process procedures. |
EARLY LANDMARK CASES
MILLS v. BD OF EDUC OF DISTRICT COLUMBIA (1972) & P.A.R.C. v. COMMONWEALTH OF PA (1972) *These cases laid the foundation upon which our current Special Educational law has been built. *Counsel for the students demanded a free appropriate education, an IEP, & due process procedures. |
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INDIVIDUAL WITH DISABILITIES EDUCATION ACT (IDEA) 1990
*1975 Ed for All Handicapped Children Act (EAHCA) -Better know as public law 94-142 *IDEA Law Key Points Are: 1. Children with disabilities must be educated. 2. Education must be in least restrictive environment. 3. Education must be individualized & appropriate to child's need. 4.Education must be provided at no cost to parents. 5. Procedural protections are required to ensure that requirements are met. |
INDIVIDUAL WITH DISABILITIES EDUCATION ACT (IDEA) 1990
*1975 Ed for All Handicapped Children Act (EAHCA) -Better know as public law 94-142 *IDEA Law Key Points Are: 1. Children with disabilities must be educated. 2. Education must be in least restrictive environment. 3. Education must be individualized & appropriate to child's need. 4.Education must be provided at no cost to parents. 5. Procedural protections are required to ensure that requirements are met. |
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FREE & APPROPRIATE PUBLIC EDUCATION (FAPE)
*FAPE means special ed & related services which are provided at public expense, under public supervision & direction, & without charge. |
FREE & APPROPRIATE PUBLIC EDUCATION (FAPE)
*FAPE means special ed & related services which are provided at public expense, under public supervision & direction, & without charge. |
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INTERPRETING "APPROPRIATE" ED
ROWLEY: Door of Opportunity for Special Ed *BD. OF ED HENDRICK HUDSON v. ROWLEY (1982) -First US Court special ed decision -Court ruled that term "free and appropriate public education" does not require that children be educated "to reach their full potential." |
INTERPRETING "APPROPRIATE" ED
ROWLEY: Door of Opportunity *BD. OF ED HENDRICK HUDSON v. ROWLEY (1982) -First US Court special ed decision -Court ruled that term "free and appropriate public education" does not require that children be educated "to reach their full potential." |
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FOREST: Reimbursement for Private School Tuition
FOREST GROVE SD v. T.A. (2009) *Parents reimbursed for tuition & their expenses. *Public school district's inability to, or lack in, providing student with "free & appropriate education." *Student with disabilities |
FOREST: Reimbursement for Private School Tuition
FOREST GROVE SD v. T.A. (2009) *Parents reimbursed for tuition & their expenses. *Public school district's inability to, or lack in, providing student with "free & appropriate education." *Student with disabilities |
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LEAST RESTRICTIVE ENVIRONMENT (LRE)
DANIEL RR. v. STATE BD.ED. (1989) *Students with disabilities must be educated with non-disabled students to the "maximum extent appropriate" |
LEAST RESTRICTIVE ENVIRO (LRE)
DANIEL RR. v. STATE BD.ED. (1989) *Students with disabilities must be educated with non-disabled students to the "maximum extent appropriate" |
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(LRE)
SACRAMENTO USD v RACHEL H. *Court applied a four part "test" known as the "HOLLAND TEST": 1.) Non-academic/social benefits to child with disabilities. 2.) Educational benefits to child in a regular classroom, compared with that of a special ed classroom. 3.) Neg effect of the presence of the child with disabilities on the teacher & other children in class. 4.) Cost of supplementary aids & services necessary to mainstream child with disabilities into classroom setting. *Court ruled in favor of mainstreaming Rachel into a regular 2nd grade classroom full-time. |
(LRE)
SACRAMENTO USD v RACHEL H. *Court applied a four part "test" known as the "HOLLAND TEST": 1.) Non-academic/social benefits to child with disabilities. 2.) Educational benefits to child in a regular classroom, compared with that of a special ed classroom. 3.) Neg effect of the presence of the child with disabilities on the teacher & other children in class. 4.) Cost of supplementary aids & services necessary to mainstream child with disabilities into classroom setting. *Court ruled in favor of mainstreaming Rachel into a regular 2nd grade classroom full-time. |
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(LRE)
CLYDE & SHEILA K v PUYALLUP SD *Ryan K with (AD.HD) & Tourettes was expelled from school. *District was granted a court order allowing immediate temp expulsion. *Ryan placed into STARS program. *Court ruled STARS was least restrictive appropriate placement. *Ryan FAILED all elements of the HOLLAND TEST. |
(LRE)
CLYDE & SHEILA K v PUYALLUP SD *Ryan K with (AD.HD) & Tourettes was expelled from school. *District was granted a court order allowing immediate temp expulsion. *Ryan placed into STARS program. *Court ruled STARS was least restrictive appropriate placement. *Ryan FAILED all elements of the HOLLAND TEST. |
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POOLAW v. BISHOP 9TH (1995)
*Court upheld as appropriate a segregated placement for a student with deafness. *Court applied HOLLAND TEST *Court stated that "the IDEA's preference for mainstreaming is not an absolute commandment." *Decision noted that IDEA is concerned with academic progress as well as social benefits of mainstreaming. |
POOLAW v. BISHOP 9TH (1995)
*Court upheld as appropriate a segregated placement for a student with deafness. *Court applied HOLLAND TEST *Court stated that "the IDEA's preference for mainstreaming is not an absolute commandment." *Decision noted that IDEA is concerned with academic progress as well as social benefits of mainstreaming. |
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H.R.REP #410 1983
*Court adopted the following definition: -The term "Unique Educ. Needs" shall be broadly construed to include the handicapped child's academic, social. health, emotional, communicative, physical, and vocational needs. |
H.R.REP #410 1983
*Court adopted the following definition: -The term "Unique Educ. Needs" shall be broadly construed to include the handicapped child's academic, social. health, emotional, communicative, physical, and vocational needs. |
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DISCIPLINE & PROCEDURAL SAFEGUARDS
*2004 IDEA was amended & is now referenced as the Individuals with Disabilities Education Improvement Act (IDEIA) *Goal was to lessen time-consuming & costly litigation. *A child may be disciplined in same manner as non-disabled children unless a.) behavior caused by disability b.) infraction had direct & substantial relationship to disability c.) school failed to properly implement student's IEP |
DISCIPLINE & PROCEDURAL SAFEGUARDS
*2004 IDEA was amended & is now referenced as the Individuals with Disabilities Education Improvement Act (IDEIA) *Goal was to lessen time-consuming & costly litigation. *A child may be disciplined in same manner as non-disabled children unless a.) behavior caused by disability b.) infraction had direct & substantial relationship to disability c.) school failed to properly implement student's IEP |
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Revised (IDEIA)
*Following conflict resolution opportunities are provided: -COMPLAINT NOTIFICATION by either party. -RESOLUTION SESSION conducted by district to parent. -MEDIATION must be available at no cost to parent. -DUE PROCESS HEARING are to occur within 20 school days. Hearing officer must render a decision withing 10 days |
Revised (IDEIA)
*Following conflict resolution opportunities are provided: -COMPLAINT NOTIFICATION by either party. -RESOLUTION SESSION conducted by district to parent. -MEDIATION must be available at no cost to parent. -DUE PROCESS HEARING are to occur within 20 school days. Hearing officer must render a decision withing 10 days |
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REHABILITATION ACT OF 1973
*Eliminates discrimination against individuals with disabilities both in private and public schooling. |
REHABILITATION ACT OF 1973
*Eliminates discrimination against individuals with disabilities both in private and public schooling. |
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SCH BD OF NASSAU v ARLINE 1987
*Case about AIDS *Courts used 4 factors to attend class "otherwise qualified" 1.) nature of the risk 2.) duration of the risk 3.) severity of the risk 4.) probabilities disease with be transmitted and cause varying degrees of harm. |
SCH BD OF NASSAU v ARLINE 1987
*Case about AIDS *Courts used 4 factors to attend class "otherwise qualified" 1.) nature of the risk 2.) duration of the risk 3.) severity of the risk 4.) probabilities disease with be transmitted and cause varying degrees of harm. |
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NV AIDS STATUTES
*SECTION 441A 190 requires health authorities to direct actions regarding AIDS within schools. |
NV AIDS STATUTES
*SECTION 441A 190 requires health authorities to direct actions regarding AIDS within schools. |
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(ADA) 1990
*ADA applies to persons who have impairments that substantially limit major life activities. *ADA also protects individuals with a "record of a disability" *Individuals who are "regarded" as having substantially limited impairment. |
(ADA) 1990
*ADA applies to persons who have impairments that substantially limit major life activities. *ADA also protects individuals with a "record of a disability" *Individuals who are "regarded" as having substantially limited impairment. |
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COMPARING IDEA, 504 & ADA
*504 of Voc Reh Act, & ADA do not provide federal financial assistance for educational programs. State & school districts must meet these laws in order to receive fed financial assistance, including IDEA funding. |
COMPARING IDEA, 504 & ADA
*504 of Voc Reh Act, & ADA do not provide federal financial assistance for educational programs. State & school districts must meet these laws in order to receive fed financial assistance, including IDEA funding. |
