1.6: Nevada School Law 2011

Front 1

When did the modern special education movement begin in the United States?

Back 1

After World War II because of the many soldiers coming home with disabilities.

Front 2

After Brown v. Board of Education in 1955, groups began to try to end segregation of children with disabilities. In the early 1970s, two class action lawsuits (Mills and P.A.R.C.) challenged segregated, inconsistent, or nonexistent programs for children with disabilities. What happened?

Back 2

The plaintiffs won and Congress was prompted to draft a federal special education law.

Front 3

What are the primary points of EAHCA (Education for All Handicapped Children Act), later retitled as IDEA (Individuals with Disabilities Education Act)?

Back 3

All children with disabilities must be educated.

Education must be: 1) provided in the least restrictive environment; 2) individualized and appropriate to the child’s unique needs; and 3) provided at no cost to parents.

Procedural protections are required to ensure the above requirements are met.

Front 4

What does “free appropriate public education” (FAPE) mean?

Back 4

Special education and related services must be provided at public expense, under public supervision and direction, and without charge.

Front 5

What does IEP stand for?

Back 5

Individualized Education Program.

Front 6

What type of parental involvement must be allowed under FAPE?

Back 6

1) Parents must be given the opportunity to participate in developing their child’s IEP;
2) Parents must be advised of contemplated changes to the IEP;
3) There must be informed procedures for resolving conflicts.

Front 7

In Rowley, the U.S. Supreme Court discussed the congressional intent of FAPE. What was the congressional intent of FAPE?

Back 7

To provide a “floor of opportunity” to special needs students. School districts need not education special needs children “to reach their full potential.” They only need to provide special education services to the students.

Front 8

When will parents of a special education child be reimbursed the costs of enrolling the child in private school?

Back 8

When the public school cannot provide Free and Appropriate (special) Education (services).

Front 9

What is the rationale behind “inclusion” programs under Least Restrictive Environment (LRE)?

Back 9

Special education students may not learn all the regular classroom material but can develop social and communication skills from interacting with non-disabled peers.

Front 10

What factors must be considered under the “Holland Test” for determining what level of mainstreaming is appropriate for a given student?

Back 10

1) Non-academic or social benefits to the child;
2) Educational benefits available in the regular classroom, supplemented with appropriate aids and services v. educational benefits in special classroom;
3) Negative effect on other students with having the child in the regular classroom;
4) Cost of supplemental aids to mainstream child.

Front 11

In the Rachel H. case, parents of a child with an IQ of 44 wanted her mainstreamed in the regular classroom. What did the 9th Circuit Court say?

Back 11

IDEA strongly favors mainstreaming. Given there would be no negative impact on other students, the student benefitted socially, and the cost of supplemental aids was not prohibitive, she should be mainstreamed.

Front 12

In the Ryan K. case, a student with ADHD (Attention Deficit Hyperactivity Disorder) and Tourette’s Syndrome frequently disrupted class, insulted teachers and students, and had a history of physical violence. He was placed in the STARS (Students Temporarily Away from the Regular School) Program. What happened when this was challenged?

Back 12

STARS was appropriate because:
1) The student was not benefitting academically or socially from regular school;
2) The student’s behavior was overwhelmingly negative on the other students; and,
3) The cost was immaterial since additional aids would not have helped the student.

Front 13

In Poolaw, the 9th Circuit Court said it was appropriate to segregate a deaf student from the mainstream classroom. Why?

Back 13

The IDEA’s preference for mainstreaming is not an absolute mandate and all cases must be evaluated on an individualized basis. The long-term educational welfare showed the student would benefit from a segregated classroom.

Front 14

What must the school district consider when interpreting the term “unique educational needs”?

Back 14

They must consider the student’s academic, social, health, emotional, communicative, physical, and vocational needs.

Front 15

Under the current IDEA, what type of hearing is required to remove a student with behavioral misconduct to a more restrictive setting?

Back 15

An expedited hearing. Previously, parents were entitled to a due process hearing.

Front 16

A student with behavioral disabilities may generally be disciplined in the same manner as non-disabled students. What are the three exceptions?

Back 16

1) The infraction had a direct and substantial relationship to the disability;
2) The behavior was caused by the disability; or,
3) The school failed to properly implement the child’s IEP.

Front 17

How long can a child with behavioral disabilities be removed from the classroom if he/she breaks a rule involving serious safety issues (i.e. weapons, drugs, infliction of serious bodily injury)?

Back 17

Up to 45 days. If the student is removed more than 10 days, educational services must be provided.

Front 18

Under the current IDEA, what conflict resolution opportunities are provided?

Back 18

1) Notice must be given to the other party with a copy to the State Department of Education;
2) Nature of the problem must be described;
3) Proposed resolution must be described.

No hearings may be held without notice and states need to provide parents with model forms to assist with filing.

Front 19

What are the three types of dispute resolution processes available?

Back 19

1) Resolution Session
2) Mediation
3) Due process hearing / Expedited hearing

Front 20

What is a Resolution Session and when does it occur?

Back 20

A Resolution Session must be provided within 15 days after receipt of the Complaint. District representatives are required to attend. The school’s attorney may only attend if the student has an attorney. Any written settlement reached is enforceable in court.

Front 21

What are the requirements for a mediation?

Back 21

1) Must be provided at no cost to the parent;
2) Objective third party must conduct the mediation;
3) All discussions must be kept confidential;
4) Written agreements are legally binding.

Front 22

When must expedited hearings take place?

Back 22

Within 20 days from the date the hearing was requested. Decisions must be rendered within 10 days of the hearing.

Front 23

When will decisions of hearing officers that are affected by procedural errors be eliminated?

Back 23

When they affect the implementation of the student’s IEP.

Front 24

What does the Vocational Rehabilitation Act say?

Back 24

Qualified persons with disabilities shall not be excluded from, denied the benefits of, or be subjected to discrimination regarding any activity receiving Federal financial assistance.

Front 25

What factors must be considered to determine if somebody is a “qualified person” under the Vocational Rehabilitation Act (specifically with HIV/AIDS)?

Back 25

1) The nature of the risk;
2) The duration of the risk;
3) The severity of the risk;
4) The probabilities the disease will be transmitted and will cause varying degrees of harm.

Front 26

Are children with AIDS considered disabled under the Vocational Rehabilitation Act? Why?

Back 26

No. Children with AIDS do not constitute a serious risk to other students and are qualified to attend public classrooms. Exceptions exist if the child increases the risk of transmission (such as a child who frequently had saliva on her fingers and had frequent skin lesions).

Front 27

Who are “otherwise qualified” individuals?

Back 27

Those people who can perform the essential functions of their jobs despite their disability with, or without, reasonable accommodations.

Front 28

When is an employer not required to provide reasonable accommodations?

Back 28

When they impose undue financial hardship or burden on the employer.

Front 29

In Davis, a college denied a deaf student entry into the nursing program because she would need individualized instruction to complete the program. What did the Court say about this?

Back 29

The student was not otherwise qualified because she could not effectively participate in the program. Lowering the requirements of the program goes beyond the reasonable accommodation requirement.

Front 30

What do the Nevada AIDS statutes require?

Back 30

Health authorities, superintendents, and principals must notify each other of the presence of AIDS in the schools.

Front 31

What does the ADA (Americans with Disabilities Act) apply to in the employment setting?

Back 31

It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment related activities. Discrimination is prohibited against qualified individuals with disabilities

Front 32

Are people with AIDS protected by the ADA?

Back 32

Yes, if they pose no direct threat to others.

Front 33

When is somebody considered to have a disability under the ADA?

Back 33

When they have a physical or mental impairment that substantially limits one or more major life activities, and has a record of, or is regarded as, having such an impairment.

Front 34

What are some examples of “major life activities” under the ADA?

Back 34

Seeing
Hearing
Speaking
Walking
Breathing
Performing manual tasks
Learning
Caring for oneself
Working

Front 35

What is meant by “being regarded as” having a disability under the ADA?

Back 35

Somebody who is not disabled, but people think is disabled (e.g. severe facial disfigurement), is protected by the ADA.

Front 36

Who are qualified individuals under the ADA?

Back 36

Those persons with disabilities who:
1) Meet the requirements of employment; and,
2) Can perform the essential functions of the job;
3) With or without reasonable accommodation.

Front 37

When an employer is making a hiring decision between a candidate with a disability and one without, what may the employer consider?

Back 37

The employer can make decisions based on reasons unrelated to disability and is free to select the most qualified applicant.

Front 38

What are the primary differences between ADA and IDEA?

Back 38

ADA prohibits discrimination based on disability. ADA discusses disabilities in terms of impairments that limit life’s activities.

IDEA discusses a child’s need for special education services based on disability. Specific impairments are defined in IDEA.

ADA and IDEA do not always cover the same impairments as a disability.