Disability Law

Question 1

Is education in the Constitution?

Answer 1

No

Question 2

Is education under the power of the states or federal government?

Answer 2

State, but the federal government wields power by providing funds.

Question 3

What is Rehabilitation Act?

When was it passed?

Answer 3

A civil rights statuette that bars discrimination in the public sector on the basis of disability.
1973

Question 4

Who is covered under the Rehabilitation Act

Answer 4

Birth to death

May be permanent or temporary (6+ months)

Question 5

How does section 504 of the Rehabilitation act affect students?
(3)

Answer 5

1. Right to an education comparable to their peers w/ accommodations.
2. Schools required to provide health services (administration of medicine, catheterization, and feeding tube)
3. Protections for children whose behaviors are a manifestation of their disability.

Question 6

What are the major principals of IDEA?

Answer 6

P-Life

1. Procedural safeguards
2. LRE, educating students with their same aged peers to the maximum extent appropriate for their IEP.
3. IEP
4. FAPE
5. An individualized evaluation within 60 days of parent approval.

Question 7

What year was the Education for All Handicapped Children Act created?
What year reauthorized?

Answer 7

1975
1997
2004

Question 8

Is IDEA a civil rights statute?

Answer 8

No, it’s a funding statute.

Question 9

Before the EFAHCA?

Answer 9

1. Educational Needs of Millions of students with disabilities were not being met.
2. Some where excluded from public education entirely.
3. Undiagnosed disabilities prevented success.
4. Parents were left to themselves to find services elsewhere.

Question 10

What were the major purposes of IDEA?

Answer 10

Fap me

1. FAPE
2. Assess the effectiveness of education.
3. Provide procedural safeguards
4. Help states provide for the education of CWD
5. Support future employment and independent living

Question 11

What is IDEAs definition of a child with a disability?

Answer 11

1. After receiving a full evaluation,
2. The student falls within one of the 13 disability categories
3. And falls within the states definition.
4. “By reason there-of” b/c the disability the child requires services.

Question 12

Children aged 3-9?

Answer 12

Can be categorized under a developmental delay until a precise diagnosis is found.

Question 13

What does FAPE stand for?

Answer 13

Free- At no cost to parents
Appropriate- an education appropriately aligned with their IEP
Public- at public expense
Education- preschool, primary, secondary

Question 14

LRE Continuum of Alternative Placement

Answer 14

1. General education classroom
2. Special class
3. Special school
4. Home
5. Hospital
6. Institution

Question 15

Major principals of ESSA affecting SPED

Answer 15

ASADA

1. Assessments are completed in grades 3-8, and once in high school. Students are provided accommodations and up to one percent of students with the most severe cognitive disabilities may take an alternative assessment.
2. State Report Cards- schools must publish long term goals for special education and academic achievement for all students.
3. Accountability- SPED students must be counted in the schools accountability systems.
4. Discipline- aim to reduce the use of restraints and seclusion of SPED students, reduce school bullying. Funds are provided to schools to implement PBIS.
5. Academic Standards- SPED students are to be taught the same general education standards as their peers unless they have severe cognitive disabilities.

Question 16

What are some similarities between ESSA and IDEA?

Answer 16

1. Both promote access to general education curriculum.
2. Must implement evidence-based practices.
3. Funds for PBIS reveal a focus on the growth of the whole child, must in line with behavioral goals being included in a student’s IEP.

Question 17

How does IDEA and ESSA influence school practices for students?

Staff?

Answer 17

The two laws ensure that SPED students receive a free, appropriately challenging education that meets their needs.

Staff and schools are held accountable.

Question 18

Americans with Disabilities Act

Answer 18

1990, Extended the rights within the Rehabilitation Act to the private sector.

Question 19

Background Board of Education vs. Rowley

Answer 19

(1982) Hearing impaired student who could read lips started kindergarten with a sign language interpreter, a hearing aid and tutoring. After 2 week interpreter said their services were not needed.
The student was doing as well as her peers in class and advancing from grade to grade. Parents wanted an interpreter to be with her for all academic instruction. 
School denied request.

Question 20

The meaningful outcome of Rowley?

Answer 20

IDEA requires only “a basic floor for opportunity”, not that school’s maximize a students potential.

Question 21

Background of Endrew vs. Douglas County School District

Answer 21

(2017) Endrew was a student who began his education in a general education setting and because of manifestations of his autism and ADHD, increasingly spent his time in a special SPED classroom. His parents believed that his goals were just being recycled year after year and he was not progressing so they pulled him out of the public school system and enrolled him into a $70,000 a year private school where he did make progress. The parents went to court claiming a denial of FAPE and requested the district refund their tuition costs.

Question 22

What were the meaningful outcomes of Endrew?

Answer 22

Endrew’s case represented the wide range of abilities of students within the special education system. Because of his disability he was unable to access the curriculum.
The Supreme Court said that and IEP must be reasonably calculated to provide more than “de minimum” progress.
It stressed the need for progress not just access for students.

Question 23

What are the similarities between Rowley and Endrew?

Answer 23

Both children with disabilities had parents who were dissatisfied with their proposed IEPs.

Both cases hinged on the supreme courts interpretation of FAPE under IDEA.