Laws and Legislation Flashcards
What law reauthorized the IDEA in 2004?
Public Law 114-95, the Every Student Succeeds Act
This law was amended in December 2015.
What does Congress state about disability in the IDEA?
Disability is a natural part of the human experience and does not diminish the right to participate in society.
What are the Big Three Disability Legislations?
- Individuals with Disabilities Education Act (IDEA) - 2004
- Section 504 - Rehabilitation Act of 1973
- Americans with Disabilities Act (ADA) - 1990
What is the primary goal of IDEA?
To provide free appropriate public education to eligible children with disabilities.
How many eligible children with disabilities does IDEA serve?
6.5 million
What age group does IDEA Part C serve?
Infants & toddlers (birth - age 2) with disabilities.
What age group does IDEA Part B serve?
Children & youth (ages 3 through 21) with disabilities.
What are the major tenets of IDEA?
- Protect rights of children with disabilities & parents
- Free appropriate public education
- Least restrictive environment
- Ensure educators have necessary tools
- Due process
- Transition planning
- Adequate yearly progress (AYP)
- Confidentiality
- Noncompliance – lawsuits
- Assess & ensure effectiveness of education
What does ‘Least Restrictive Environment’ mean in IDEA?
Educating children with disabilities alongside their non-disabled peers to the maximum extent appropriate.
Who is involved in IEP development?
- The student (when appropriate)
- Local educational agency (LEA)
- General classroom teachers
- Special education teacher
- Therapist
- Parents
- Others at discretion of parents or LEA
Who is eligible for services under IDEA?
Students whose disability adversely impacts educational performance and requires specialized instruction.
What happens if a disability does not affect academic achievement?
Students are NOT eligible for services under IDEA but may receive services under Section 504.
What does Section 504 of the Rehabilitation Act of 1973 protect?
Rights of individuals with disabilities in programs & activities receiving Federal Financial assistance.
What is a ‘handicapped person’ as defined by Section 504?
Any person who has a physical or mental impairment which substantially limits one or more major life activities.
What is required under Section 504 compared to IDEA?
Section 504 requires schools to demonstrate how services are being provided, while IDEA mandates an IEP.
What is the ADA’s purpose?
To end discrimination against individuals with disabilities and integrate them into the economic & social mainstream.
What is the definition of disability under the ADA?
- Physical or mental impairment substantially limits one or more major life activities
- Record of such impairment
- Being regarded as having an impairment
What does the ADA exclude from its coverage?
- Current illegal drug use
- Temporary, nonchronic ailments
- Environmental, economic, or cultural disadvantages
- Age, sexual orientation, or prison records
How many titles does the ADA have?
Five titles that relate to different areas of public life.
What are the five areas covered by the ADA?
- Employment
- Public Accommodations
- Transportation
- State & local government operations
- Telecommunications Relay Services
What must employers do under the ADA?
Reasonably accommodate disabilities of qualified applicants/employees unless undue hardship results.
What must public accommodations provide under the ADA?
Reasonable changes in policies, practices, & procedures to ensure accessibility.
What is required for transportation under the ADA?
Buses & trains must be accessible and provide comparable paratransit.
What does the ADA say about state or local government operations?
They may not discriminate against qualified individuals with disabilities, ensuring accessibility.
What is a reasonable accommodation as defined by the ADA?
Allows individuals to demonstrate knowledge & skills through assessments without reducing learning expectations.
