School Psychologist Praxis 2 - Law

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Education for All Handicapped Children Act of 1975

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Pub L. No 94-142

Assures that all handicapped children have a FAPE with emphasizes special education and related services designed to meet their unique needs,

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Section 504 of the Rehabilitiation Act of 1973

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Prohibits public schools from excluding students from participating in school programs and activities solely based on handicap.

Requires schools to take reasonable steps to prevent harassment based on handicap

Requires schools to make accommodations to ensure that pupils w. handicaping conditions have equal opportunity to benefit from its programs and activities.

Does not provide funds to schools. DOE policy allows IDEA-supported SPED services to be used in making accommodations for 504-only students

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IDEA 2004

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Zero Reject Principle

Nondiscriminatory Evaluation

FAPE

LRE

Procedural Due Process

Parental and Student Participation

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1) Zero Reject Principle

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Schools must educate all children with disabilities. This principle applies regardless of the nature or severity of the disability; no child with disabilities may be excluded from a public education.

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2) Nondiscriminatory Evaluation

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Schools must use nonbiased, multifactored methods of evaluation to determine whether a child has a disability and, if so, whether special education is needed.

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3) FAPE

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-All children with disabilities, regardless of the type or severity of their disability, shall receive a free, appropriate public education.

-This education must be provided at public expense—that is, without cost to the child’s parents.

-An individualized education program (IEP) must be developed and implemented to meet the unique needs of each student with a disability.

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4) LRE

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IDEA mandates that students with disabilities be educated with children without disabilities to the maximum extent appropriate and that students with disabilities be removed to separate classes or schools only when the nature or severity of their disabilities is such that they cannot receive an appropriate education in a general education classroom with supplementary aids and services.

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5) Due Process Safeguards

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Schools must provide due process safeguards to protect the rights of children with disabilities and their parents.

Parental consent must be obtained for initial and all subsequent evaluations and placement decisions regarding special education.

Schools must maintain the confidentiality of all records pertaining to a child with disabilities and make those records available to the parents.

When parents of a child with disabilities disagree with the results of an evaluation performed by the school, they can obtain an independent evaluation at public expense.

When the school and parents disagree on the identification, evaluation, placement, or provision of a free, appropriate public education and related services for the child, the parents may request a due process hearing.

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6) Parent and Student Participation and Shared Decision Making

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Schools must collaborate with parents and students with disabilities in the design and implementation of special education services.

The parents’ (and, whenever appropriate, the student’s) input and wishes must be considered in IEP goals and objectives, related-service needs, and placement decisions.

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Americans with Disabilities Act of 1990

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-Civil rights legislation

-Prohibits discrimination of people with disabilities in education, employment, government.

-Requires schools to make reasonable accommodations for students with disabilities.

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Family Educational Rights and Privacy Act of 1974
(FERPA)

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Sometimes called the Buckley Amendment

Gives family the right to review their child's records

Files are kept confidential

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"Appropriate Education" (Rowley)

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An education program reasonably designed to benefit the student, not the best possible or most perfect education.

Two pronged test:
1. Were IDEA procedures followed?
2. Is the program reasonably designed to benefit the child?

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NCLB

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-Purpose is to close the achievement gap.

-Targets high-risk schools. Mandates statewide formal assessments for grades 3 to 8.

-Each state must strive for academic proficiency for students or face possible consequences by governing agencies.

-Made public school choice available for students at schools that are low performing for 2 years.

-Act requires highly qualified teachers for public schools.