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Legal/Professional Practices In Special Education > Final Exam > Flashcards

Final Exam Flashcards

1
Q

Limitations of LRE

A

Available trained personnel
Variety of program options
Support service options
Adequate funding

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2
Q

Why is funding an ongoing issue?

A

Special education is expensive

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3
Q

Why are some parents opposed to inclusion?

A

Child won’t progress
Why are they in the classroom
Negative reaction from parents of nondisabiled children

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4
Q

Reverse inclusion

A

Bring typical peers into the classroom

Not forced interaction; natural

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5
Q

Double Standard

A

Two discipline systems
One for students w/ disabilities
Another for students w/o

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6
Q

Is double standard avoidable?

A

No

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7
Q

Change in Placement

A

More than 10 consecutive school days or more than 15 school days cumulatively

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8
Q

Suspensions

A 
In-school
Out-of-school 
Partial day 
Short-term
Long-term
Cumulative
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9
Q

In-school suspensions are not counted as a suspension if…

A

Someone is working in IEP goals with the student

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10
Q

Why are suspensions used so frequently?

A

Easy way to get the student out of the classroom and school

Don’t have to deal with the problem

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11
Q

Expulsion

A

Exclusion from school for more than 10 school days

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12
Q

Stay-put

A

Student remains in current educational placement
Pending
Outcome of hearing

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13
Q

Interim Alternative Educational Setting (IAES)

A

Misconduct involving weapons, drugs, inflicting serious bodily injury requires manifestation determination

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14
Q

Manifestation Determination

A

Review of potential relationship between disability and behavior
Includes FBA
Review of all current, relevant data by IEP team

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15
Q

Questions of Manifestation Determination

A
  1. Was conduct caused by or related directly to the disability?
  2. Was conduct caused by school’s failure to implement IEP?
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16
Q

What is the legal presumption regarding manifestation determination?

A

Misconduct was related to disability or behavior

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17
Q

Functional Behavioral Assessment (FBA)

A

To determine the purpose of students behavior

A,B,C,F

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18
Q

Behavior Intervention Plan (BIP)

A

Based on FBA
Goals
Positive Interventions
Progress Monitoring

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19
Q

Non-IDEA eligible students

A

Discipline procedural safeguards extended to students not yet identified but believed to have a disability
Belief based on parent or teacher expression

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20
Q

Law Enforcement

A

Involved with students who have disabilities only to the extent that involved with students without disabilities
Cannot circumvent IDEA

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21
Q

New Disciplinary Paradigm

A 
Positive 
Proactive 
Preventative 
Support 
Corrective
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22
Q

Try to avoid…

A

Calling law enforcement (unless urgent)

Homebound instruction

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23
Q

Parents rights assured in IDEA

A 
Procedural Safeguards 
Informed written consent 
Participation in decision making 
Program/services at no cost 
Notice of Recommenced Education Placement 
Access to education records 
Confidentiality of Education Records
Dispute Resolution (Mediation, due process hearing)
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24
Q

Which 3 events require written parental consent?

A

Initial evaluation
Initial placement
Before student records are released

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25
Parent defined as...
``` Natural Adoptive Foster Guardian Surrogate Individual acting in place of parent ```
26
Communication with Parents
``` Accept parent statements Listen actively Question effectively Encourage Remain focused Stressed child's strengths and needs Realize that parents know child best Avoid jargon Respect parents' right to say no Don't be defensive Be open-minded flexible Refer when necessary Don't hesitate to say "I don't know" ```
27
School to Home Communication
Written Phone E-mail Conference
28
Barriers
``` Failing to see parents as equal partners Too much distance Blaming parents for child's disability Treating parents as though they need counseling Seeing parents as less intelligent Labeling parents Treating parents as adversaries ```
29
Professional distance
Distance between parent and teacher
30
Cultural/Linguistic Considerations
``` ELL Low income/poverty Limited education Different perspective on the cause, treatment of disabilities Intimidated by the school Fearful Lacking self-confidence Family-oriented ```
31
Conflict Resolution (RERUN)
``` Reflect Explain Reason Understand Negotiate ```
32
Involve parents
Chaperones Tutors Volunteers Support groups
33
Collaboration
Planning, decision-making, problem solving Communication skills - listening, accepting, compromising, negotiating Barriers- attitudes, training, experience, styles
34
Educational Leader - Model
Accepts students with disabilities Believes that's all children can learn Understands specials education process and paperwork Promotes equality of regular and special education
35
Educational Leader - Role
Facilitates staff development Schedules time for planning, collaboration Seeks teacher input Participates
36
Inclusionary Practice
Keys to success Principal involvement Building wide Staff training
37
Para educators
Support students Support teachers Work at teacher direction Require training
38
Consultation
One individual sharing expertise
39
Components of Collaboration
``` Initiating Predicting Modeling Facilitating Clarifying Summarizing Assessing Observing Comprising Brainstorming Questions Consensus ```
40
Characteristics of Collaboration
``` Trust Openness Respect Sharing Accountability ```
41
Models
``` Child Study Teams RTII teams Student assistance teams Multidisciplinary evaluation teams IEP teams Grade level team meetings Department Meetings Parent Conferences Inclusive practices ```
42
Legal Foundations
EACHA IDEA NCLB
43
Due Process
A fundamental, constitutional guarantee that all legal proceedings will be fair and that one opportunity to be heard before the government acts to take away one's life, liberty and property
44
Due process is found in what two amendments?
5th and 14th
45
Two categories of Due Process
Substantive and Procedural
46
Substantive
Creates, defines, regulates rights | Freedom of speech, religion and privacy
47
Procedural
Enforces law Seeks redress for rights' violations Right to adequate notice of a lawsuit, an attorney, to be present during testimony
48
Within the delivery of special education programs and services, FAPE, cite evidences of due process of law
``` Informed consent Procedural safeguards Permission to evaluate/reevaluate Parent involvement Timelines Decision-making IEP IDEA NCLB Fed Regs PA Regs FAPE ```
49
Immunity
"Can't Sue The King" Education rights of children with disabilities Protected by due process and equal protection guarantees Ensured by federal statutes, IDEA, Rehab Act of 1973, and ADA Nothing trumps constitutional protection!
50
Dispute Resolution
Differences, disagreements, disputes, adversarial relationships
51
Complaint Process
``` Formal complaint filed by parent with state department of education *Addresses compliance issues only Record review and onsite visit Written decision Corrective action No attorney Cost paid by state ```
52
Is the appropriateness of an IEP a matter for the complaint process?
No
53
Resolution Meeting
Resolve differences Meeting of parent and IEP team members Attorneys present at parents choice Any agreement placed in writing and signed by both parties Agreement legally binding Resolutions meeting may be waived by either party
54
What effect might the absence of attorneys at the resolution meeting have?
Different environment | Simplify the meeting
55
Mediation
``` Both parties must agree Formal mediation with trained mediator Mediator facilitates communication, clarifies the issues Three school district reps Four parent reps Mediation agreement legally binding Mediation agreement part of IEP No attorneys No cost ```
56
Why might mediation be helpful even if the parties go on to a due process hearing?
Issues get clarified
57
Due Process Hearing
``` Initiated by the parent or school district Court-like proceeding Qui partial hearing officer Attorneys Introduction of evidence Examination and cross-examination of witnesses Transcripts Written decision Last resort ```
58
How long has due process been around?
Originated in English Common Law Manga Carter 1215 Due process concept brought to North American colonies
59
Two Box Model
Students and staff were assigned to either regular and special education without overlap
60
Needs of LRE
``` Building, staff schedules Collaboration time Building administrator support, leadership Staff training Parent training Student training ```

Legal/Professional Practices In Special Education (2 decks)

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