Legislative Foundations for Services to School Age Children Flashcards
1
Q
Prior to the early 1970s…
A
No federal mandate, wide variation across states
2
Q
Rehabilitation Act of 1973 established…
A
Civil Rights law and Section 504
3
Q
Civil Rights Law
A
protects from discrimination on the basis of disability
4
Q
Section 504 main idea
A
Individuals with disabilities must have equal access and opportunity to all programs that receive federal funding
5
Q
What falls under 504?
A
Physical or mental impairment that limits one or more major life activity: Walking, seeing, hearing, breathing, learning, ADL, etc.
6
Q
504 equal access provides
A
Access and opportunity as adequately as persons without disabilities (employment, housing, healthcare)
7
Q
Section 504 is NOT
A
an education law
8
Q
504 plan doesn’t require an
A
IEP
9
Q
Children who do not qualify for SpEd but need an accommodations when there is no educational impact or not a category of eligibility can receive…
A
a 504 plan
10
Q
PL 94-142 is
A
Education of all Handicapped Children Act 1975
11
Q
The Education of all Handicapped Children Act of 1975 was the first federal law to ____________
A
create systematic special education services. These principles shaped the way that assessments and special education as a whole is approached.
12
Q
Education of all Handicapped Children Act 1975 did what things?
A
Defined disability in 13 categories
FAPE
IEP
LRE
Due Process: settling disputes between parties invested in child’s edu.
13
Q
Education of all Handicapped Children Act 1975 was amended in 1990 and became _____________ (then was reauthorized in 1997)
A
The Individuals with Disabilities Education Act (IDEA)
14
Q
IDEIA 2004 is also known as
A
PL 108-446
“The Individuals with Disabilities Education Improvement Act” (IDEIA)
15
Q
Part A of IDEIA
A
General Provisions 1400
Definitions 1401
16
Q
IDEIA Part B
A
Assistance for Ed of All Children with Disabilities (3-21 years) (Section 1412, 1414, 1415)
17
Q
IDEIA Part C
A
Infants and Toddlers with Disabilities (We know this as basis for EI)
18
Q
IDEIA Part D
A
National Activities to Improve Ed of Children with Disabilities
19
Q
IDEIA Part E
A
National center for sp ed research
20
Q
The US Code has about 50 subject classifications called titles. Title 20 is about ______
A
Education
21
Q
In title 20 of USC beginning with section 1400 you will find
A
IDEA 2004
22
Q
After a law is written…
A
it must be interpreted for implementation
23
Q
Code of federal regulation (34 CFR section 300+) is how
A
they interpret the implementation for us to then use!
24
Q
Section 1400: Findings and purposes
A
Describes the events that lead to the original law (PL-142) which is not IDEIA 2004
Finding: Obstacles to implementing PL
- Low expectations
- Lack of focus on research application
25
Congressional Report determined after 30 yrs of research and experience that sp ed would be more effective by:
Having high expectations
Ensuring access to gen ed curriculum
Meet developmental goals
To the maximum extent possible… meet the challenging expectations that have been established for all children
26
Meeting expectations est for all children is defined by
No child left behind
27
NCLB changed the way districts approached ciriculum how
Many districts were cut and dry: gen ed or sp ed. If your child was struggling but not diagnosed with a disability, parents were left hoping their child would be found to have a disability so they can get supports they need prior to NCLB
28
Congressional report of IDEA also determined that students should be prepared to...
lead productive and independent lives as adults to the maximum extent possible
29
Other things est in the IDEA congressional report
Strengthen the role and responsibilities of parents and families
Ensure child benefit
Sp ed is a service rather than a place
Professional development
Scientifically based instructional practice
30
IDEIA PURPOSE!!!!!
to ensure that all children with disabilities have available to them a free and appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living and to ensure that the rights of children with disabilities and the parents of such children are protected (due process)
31
Section 1401 Definitions includes
legal definitions: ex child with a disability, specific learning disability, FAPE, LRE, IEP, related services, special ed.
New in 2004: Core academic subjects, Highly qualified teachers, Also: homeless children, LEP, ward of the state
32
B 1412 State Eligibility describes
Describe state responsibilities
33
Section B is called the catch all- why?
1412 (a) (1) FAPE even if suspended or expelled from school
If a child does something to get suspended and has a disability, the school district must still provide education for that student
1412 (a) (3) Child Find: no labels required (as of ‘97)
School districts have to actively find students who need services
Do not need an eligibility label
1412 (a) (5) LRE: Kids with disabilities go to school as much as possible in the same way as children without disabilities.
1412 a 10: children in private schools
1412 a 14: personnel qualifications
1412 a 25: prohibit mandatory meds
34
B 1412 a 16 states...
All children with disabilities are included in all general state and district wide assessment programs includes assessments described under section 6311 (NCLB) of this title, with appropriate accommodations and alternative assessments where necessary and as indicated in their respective individual education programs.
35
On Dec 1, 2008: US Dept of Ed issued ___________ including _________ which went into effect Dec 31, 2008
additional Part B regulations to clarify and strengthen;
Parental consent
Hearing rights
State monitoring and reinforcement
36
Highlights of IDEIA 2004
Part A: general provisions and basic understanding (definitions)
Part B: The catch all for state responsibilities
37
USC 20 Sect 1414 talks about...
Evaluations: including initial evals, re-evals, and evaluation procedures
&
Eligibility determination
&
IEPs
&
Educational Placements
38
1414 Initial evaluations states
Within 60 days; Parental Consent (written permission w/ signature, do NOT rely on verbal consent)- absolutely necessary but doesn’t serve as consent for placement
39
These initial evaluation inform the parent of....
legal rights and understands what the evaluation is for and the parameters surrounding the evaluation. From the time of signature, you have 60 days to do the evaluation and hold the meeting to discuss proceeding documentation and file it. When you get this written signature, they are only giving permission to evaluate the child- this is not parental consent for placement or anything else.
40
Important to remember for initial evaluations that timelines are ________
est in the law and cannot be ignored
41
Re-evals are....
warranted and requested
42
Re-evaluation must be done AT LEAST
1x/3yrs (every student receiving sp ed services must be reevaluated at a min every three years, however a re-eval should occur whenever warranted or requested)
43
Evaluation procedures include _________ & __________
Notice and Conduct
44
Conduct includes factors such as...
Variety of assessment tools and strategies (disability, IEP, progress in gen ed cirriculum)
NO SINGLE MEASURE
Technically sound
Cannot discrim on race or ethnicity, dialect, or language difference- Psychometric values
Accurate re academic, developmental, and functional
45
Within conduct, All areas of suspected disability are IMPORTANT due to ______
disability impacting every aspect of the student’s life- test all areas that need to be addressed- not just speech/language- ensure the team is always thinking about all areas of disability
46
1414 Eligibility determinations
Meet definition of a disability (Sect 1401)- we oversee speech and language impairment disability (SLI)
47
The eligibility determinations team is made up of ______
someone from school district who can accurately interpret results of eval (usually SLP), teacher, parents, rep from the district (educational admin from the building or sometimes other professionals (SLPs, etc) but that is controlled by the local school district).
48
Team agreement for eligibility determination
A team decision but the team does not have to agree. If you disagree, there is a formal place for you to document that the meeting happened, we talked about xyz, these people agreed, and I did not- my thoughts were xyz. Always document your best professional decision about what is going on.
49
Eligibility determination heavily weighs the _____
Educational needs of the child
50
Eligibility report must be copied and sent to
Parents- by law and ethically required
51
If a student does not meet eligibility requirements for any of the 13 dx categories....
there is still 504 that can help them get access for services.
52
The special rule of not
Lack of appropriate instruction- including essential components of reading (Sect 6368); Limited English Proficiency (LEP). DO NOT WRITE ELIGIBILITY DECISION IN SCHOOL SLP EVAL REPORTS.
53
Section 1414 A is about
Specific learning disabilities, RTI, and Discrepancy Model
54
Note the overlap between _______ and _______
SLD and speech and language skills. This indicates these variations could present as a problem in both SLD and SLI.
55
Areas of specific learning disabilities
Oral expression
Listening comprehension
Written expression
Basic reading skill (decoding)
Reading comprehension
Match calc or reasoning
56
1414 A states that it "shall not be _____"
required to take into consideration whether the child has a severe discrepancy between achievement and intellectual ability
57
Discrepancy Model
Initially, academic achievement substantially below cognitive ability. The theory is if there is a big enough gap between the two becomes qualifying criteria for a learning disability.
Give tests and see how far the spread is based on standard scores.
Also known as the “wait to fail” model: waiting for achievement to be low enough where it is significantly lower than IQ.
58
Response to Intervention
Holds gen ed accountable for trying multiple avenues of support for the student differing from the large classroom approach/instruction. Keep data on how each helps, try multiple things, and based on the data pattern figure out a consistent method that helps the child succeed. Linked to NCLB, should occur before a referral for eval for sp ed.
59
1414 C is outlines
Additional requirements for evals and re-evals
Review existing data: including info from parents & Current classroom-based, local, or state assessments
Must eval before determining no longer has a disability (d/c)
60
1414 D discusses eligibility in regards to the IEP and present levels of _____& _____
academic achievement and functional performance
61
Academic Achievement is
Involvement and progress in regular ed curriculum (PLOP- present level of performance), if alternate assessments: description of benchmarks or short term objectives
62
Academic achievement is made up of
Present levels
Measurable goals: Academic, Functional skills, Designed to meet the child’s needs to enable child to be involved in and make progress in gen ed curriculum.
Description of Progress: how it will be measures, when periodic reports will be provided
Sp Ed and related services for the child to help meet the above goals
- Includes supplementary aids and services (reg ed)
- Based on peer reviewed research
Extent and explain not participating with gen ed: why and justified due to LRE
Date to begin, frequency, location, and duration
Accomodations and alternate assessments (NCLB/IDEIA: not excused from high stakes testing)
Transition plan (if 16yrs old or at any other stages of the process where big change occurs): PreK - K- 1st grade - Elem- Middle- High- Post High (is est at 16 yrs old)
63
1414 D outlines parts of the team including...
Parents!
Not less than 1 gen ed teacher
Not less than 1 sp ed teacher
Representative of LEA
Person who can interpret implications (can be same as LEA rep, teacher, etc)
Others as needed
Whenever it is appropriate: THE STUDENT
64
1414 D discusses IEP logistics such as....
IEP MUST be reviewed annually or more frequently
Can be amended
Placement decided after consensus (needs, goals: 1414 e)
Placement teams must include parents
Alt participation: conference calls, video conference (parents involved- 1414 f)
65
1415 includes
Procedural safeguards
Parents: examine all records (have a copy), participate in meetings, obtain an independent eval at cost of school district
Prior written notice (Local education agency (LEA: school district) to parents)
Initiate or change
Refuse to initiate or change
Mediation: if parents and school district can not come to an agreement
Due process: if issue persists, this is legal proceeding with the courts
66
PL 107-110 is
No Child Left Behind
67
NCLB helps to...
“Close the gap”
Assistance to State EA and LEA
Est reading programs that are scientifically based
To ensure that all students read at or above grade level by 3rd grade
High stakes testing: If not sufficient, school district will suffer consequences
68
Reading defined
“A complex system of deriving meaning from print that requires all of the following”
Skills and knowledge- how phonemes are connected to print
Decode unfamiliar words
Read fluently
Reading comprehension (background info and vocab for)
Strategies to construct meaning from print
Motivation to read (6368 (5))
69
Essential components of reading instruction
Explicit and systematic instruction in:
Phonemic awareness
Phonics
Vocab development
Reading fluency, including oral reading skills
Reading comprehension strategies
70
Scientifically based research
Scientifically based research
Cited 79 times in NCLB
“Research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs
Empirical methods
Rigorous data analyses that test the stated hypothesis
Observation and measurement = valid
Experimental (or quasi-experimental)
Replicable
Accepted by a peer-reviewed journal
71
Every student succeeds act (ESSA)
Passed Dec 2015 (2017-2018 full)
Reauthorized the Elementary and Secondary Education Act and replaces NCLB
Returns much authority and decision making on student testing and accountability for student progress to states and school boards (LEAs)
Specialized Instructional Support Personnel (SISP- includes SLPs)
Flexibility with funds (IDEA, Title 1)
Greater roles for SISPs in
Literacy instruction
Early Intervening Services
Multi-Tiered Systems of Supports (MTSS)
Professional development and evaluations
ASHA take on ESSA: Key Issues for Members
Alternative assessment sev cog (1%)
SISP can work in reg ed
Literacy (LEARN: Literacy education for all, results for the nation)
Comprehensive Center (dyslexia and language)
EI services and MTSS funding
Professional development
Effectiveness of professionals (ASHA PACE)
