Gargiulo Special Education in Contemporary Society 5th Edition Chapter Two Policies Practices and Programs Chapter Summary Legislation impacting the practice and pedagogy of students with disabilities are highlighted including major national and state regulations as well as civil rights legislation These important laws paved the way for inclusion of students with disabilities and outline the identification and assessment process In addition this chapter describes the design and implementation of individual education plans as well as service delivery options including a focus on full inclusion and the regular education initiative Learning Objectives Identify the court cases that led to the enactment of Public Law 94 142 Summarize the key components of the Individuals with Disabilities Education Act from 1975 to 2004 Describe the legislative intent of Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act Distinguish between inter and intraindividual differences Describe the difference between norm and criterion referenced assessments Outline the steps in the referral process for the delivery of special education services List the key components of an individualized education program IEP and an individualized family service plan IFSP Define mainstreaming least restrictive environment regular education initiative and full inclusion Chapter Outline I Key Special Education court cases a Brown v Board of Education of Topeka Kansas 1954 i Segregation by race is unconstitutional paved the way for changes to the educational practices of the time that segregated by disability b PARC Pennsylvania Association for Retarded Children v Commonwealth of Pennsylvania 1972 i States must guarantee a free public education to all children with mental retardation ages 6 21 and younger if school districts provide services to preschool age children without disabilities c Board of Education addressed Hendrick Hudson Central School District v Rowley 1982 i First U S Supreme Court interpretation of PL 94 142 to determine what constitutes an appropriate education for a child with a hearing impairment Appropriate is found to mean reasonable but not necessarily optimal accommodations d Daniel R R v State Board of Education 1989 Gargiulo Special Education in Contemporary Society 5th Edition i Established least restrictive environment based on whether pupil can make satisfactory progress in the general education classroom and if the student has been integrated to the maximum extent possible e Oberti vs Board of Education of the Borough of Clementon School District 1992 i Placement in the general education classroom with the support of aids and services must be offered to a student prior to considering more restrictive placements Placement outside the regular education classroom in order to meet the student s needs must be justified f Cedar Rapids Community School District v Garret F 1999 i Expanded and clarified the concept for related services to include intensive and continuous health care services necessary for students to attend school that are not provided by a physician II Key Special Education Legislation a PL 94 142 The Education for All handicapped Children Act 1975 i Free Appropriate Public Education FAPE 1 FAPE guarantees that all students regardless of the severity of their disability will receive a public education that is free and appropriate zero reject philosophy ii Least Restrictive Environment LRE 1 Children with disabilities are to be educated to the maximum extent possible with their classmates that do not have disabilities iii Individualized Education Program IEP 1 An educational plan that is designed to meet the individual needs of children who have disabilities that impact their educational performance The IEP is discussed later in this chapter iv Procedural Due Process 1 Safeguards are provided including confidentiality of records parents rights for access rights to an independent evaluation parents right to legal counsel and an impartial hearing regarding disagreements v Nondiscriminatory Assessment 1 Prior to placement a child must evaluated by a multidisciplinary team in all areas of suspected disability using tests that are not racially culturally or linguistically biased vi Parental Participation 1 Parents are considered equal partners and participate fully in the decision making process for their child s education III Educational Reform Standards Based Education a PL 107 110 No Child Left Behind Act of 2001 i Reauthorization of the Elementary and Secondary Education Act ii Annual testing for all students in certain grades to demonstrate adequate yearly progress in mathematics reading and science iii Public access to schools performance on tests Gargiulo Special Education in Contemporary Society 5th Edition iv Provides for parental choice in schools that do not meet annual progress goals v Schools not making sufficient annual progress offer additional services to students vi Highly Qualified status for teachers vii Common Core State Standards Initiative 2010 b PL 108 446 Individuals with Disabilities Education Improvement Act of 2004 i Reauthorization of IDEA commonly called IDEA ii S education services aligned with national school improvement efforts iii IEP changes 1 short term objectives only required for students taking alternative assessments 2 IEPs must include present levels of performance 3 Progress toward annual goals must be assessed and reported 4 IEP team members may provide written input instead of attending 5 IEP meetings may occur via telephone or video conferencing 6 Minor changes may be made to an existing IEP without a team meeting 7 Transition plans developed at age 16 and consideration of postsecondary goals is required 8 Multi year IEPs may be developed with parental consent 9 The U S Department of Education developed new forms for the IEP and IFSP iv Identification of students with learning disabilities through Response to Intervention RtI 1 States may choose not to use a discrepancy model for identification of a learning disability They may opt to provide intensive interventions and if they don t result in adequate progress for the student a learning disability is assumed to be present and additional assessment is warranted v Highly qualified special education teachers vi Discipline 1 Students who are removed from their current educational setting for more than 10 days must still receive special education services 2 Interim