Chapter 2: Legal Issues In Assessment Flashcards
Americans with Disabilities Act (ADA):
Federal anti-discrimination legislation for people with disabilities enacted in 1990
Board of Education of Hendrick Hudson School district v. Rowley
In Rowley, The US supreme Court concluded that the obligation to provide an appropriate education does not mean a school must provide the best education or one designed to maximize a student’s potential
Brown v. Board of Education of Topeka, Kansas
In brown, the US supreme Court ruled that it was illegal under the 14th amendment of the US Constitution to arbitrarily discriminate against any group of people
Daniel R.R. v. State board of Education
One of the important cases that opened the door to the increased inclusion of children with disabilities and regular education classes
Diana v. State board of Education
In this case, California was mandated by the court to correct bias and assessment procedures used with Chinese, American and Mexican American students
Due process
The right to an impartial hearing if parents do not agree with the decisions made about their child in the assessment process
Education of All Handicapped Children Act (EHA)
The federal law that set forth procedural safeguards for children with disabilities and their parents
Education of the Handicapped Act Amendments of 1986
Amended P.L. 94-142, requiring states to provide a free and appropriate public education to children with disabilities ages 3 through 5
Family Education Rights and Privacy Act (FERPA)
The federal law that gives parents and eligible students the right to examine the students personal file
14th amendment
The equal protection clause of the United States Constitution, which states that all people must have equal protection under the law
Georgia State Conference of Branches of NAACP v. State of Georgia
A US court of appeals ruled that overrepresentation of African American children in classes for the mentally retarded by itself was not sufficient to prove discrimination
Gerstmeyer v. Howard County public schools
Here, the court ruled that when a school district delays an evaluation for 6 months, parents can sue for cost associated with the delay and be reimbursed for all associated costs
Guadalupe v. Tempe Elementary School
In Arizona, a US district Court agreed to a stipulated agreement that children could not be placed in educable mentally retarded classes unless they scored lower than two standard deviations below the population mean on an approved IQ test administered in the child’s own language
Hobson v. Hansen
A US district Court declared that the Diistrict of Columbia School systems tracking system was invalid
IDEA (Individuals with Disabilities Education Act)
Federal law requiring a timely, comprehensive, multidisciplinary education
IDEA ‘97 (Individuals with disabilities Education Act of 1997)
Federal law that strengthened parents’ roles and the least restrictive environment mandate
IDEA 2004 (Individuals with Disabilities, Education Improvement Act)
The federal law that guarantees “ a free and appropriate education,” including special education and related service programming, to all children and youth with disabilities who require it. IDEA 2004 also ensures that the rights of children and youth with disabilities and their parents or guardians are protected (e.g., fairness, appropriateness, and due process and decision making about providing special education services and disabilities to children and youth)
Individualized education program (IEP)
The document that sets forth the short-term and long-term goals of each child who is classified in special education
Informed consent
The rights of parents to know exactly what will happen to their child in the process of assessment
Jose P. v. Ambach
The court in this case ruled that evaluations in or for special education services must be “timely evaluations”
Larry P. v. Riles
In this California case, using IQ test as the assessment measure for placing African American students in special education as mentally retarded was found to be discriminatory
Least restrictive environment (LRE)
The idea that all children with disabilities should be educated in an environment that is least restrictive, ensuring to the extent possible that they will receive their education with children without disabilities
Luke S. And Hans S. V Nix et al.
Louisiana court case in which the court ruled that greater prereferral assessment should be done before a referral is made
Mills v. Board of Education of District of Columbia
This case set forth future guidelines for federal legislation, including the rights of students to have access to a free public education, due process protection, and a mandated requirement to receive special education services regardless of the school district’s financial capability
Native language
A language that is a primary language for the child and/or his or her parents
No Child Left Behind Act (NCLB)
With passage of No Child Left Behind, Congress, reauthorized elementary and secondary education Act (ESEA). In amending ESEA, The new law represents a sweeping overhaul of federal efforts to support elementary and secondary education in the United States. It is built on four common sense pillars: accountability for results, emphasis on doing what works based on scientific research, expanded parental options, and expanded local control and flexibility
Nondiscriminatory assessment
Objective and fair testing practices and procedures for all children
PARC v. Commonwealth of Pennsylvania
In this case, a US federal court in Pennsylvania ratified a consent agreement ensuring that schools may not exclude students who have been classified with mental retardation
PASE v. Joseph P. Hannon
Here, the court found that the use of intelligence test was acceptable in psychoeducational assessment as long as schools followed all other procedural safeguards under federal law
Reauthorization
The act of amending and renewing a law
Section 504 of the Vocational Rehabilitation Act
A civil rights law created to prevent discrimination against all individuals with disabilities in programs that receive federal funds, as do all public schools
Transition services
Services and programs to help students in special education make the transition from high school to college or vocational career
Vocational Education Act of 1984 (Perkins Act)
Law authorizing federal funds to support vocational education programs
Wyatt v. Stickney
In Alabama, a federal court ruled that mentally retarded children in state institutions had a constitutional right to treatment
Zero reject
All students have the right to a public school education and cannot be excluded because of a disability
