EDSP470 Midterm 3 important influences parents groups most influential legislation passing laws litigation law suits and court cases Special education history legislation and litigation Be able to discuss the 5 main protections under IDEA as reviewed in the class presentation Individuals with Disabilities Education Act 1975 5 main protections 1 FAPE free and appropriate public education appropriate should get the best thing for THAT specific child 2 Fair Testing nondiscriminatory and multidisciplinary assessment test in native language use valid procedures to avoid racial or cultural discrimination use different pieces of info from a multidisciplinary team 3 Parent rights 4 IEP individualized education program 5 LRE education in the least restrictive environment students with disabilities be placed with their non disabled peers to the maximum extent appropriate with the provision of supplementary aids and services Know the effects of each of the 3 court cases presented in class on the education rights for children with disabilities You should know why each case was important 1 Brown vs Topeka Board of Ed 1954 about segregated school systems had separate but equal schools Brown won and all blacks could be included separate but equal is not ok 2 Pennsylvania Association for Retarded Citizens vs Commonwealth of Pennsylvania 1971 until this court case thousands of mentally retarded did not go to school because there were no resources for them Parent group PARC won and wanted education for all even those with disabilities 3 Mills vs DC 1972 up to this year DC in charge of its own education system could not afford to provide services for those with disabilities because it was a funding issue but the ruling was that a lack of funds would not be an excuse to not provide education to those with disabilities Review ADA p 21 also covered in Boxes 8 3 8 4 on p 183 4 Americans with Disabilities Act 1990 extends civil rights and nondiscrimination protection to people with disabilities in the following sectors of life private sector employment transportation state and local government activities and programs privately operated business telecommunications It defines a person with a disability as one who has a physical mental impairment that limits life activities has record of impairments and is regarded as having such impairment Section 504 of Rehabilitation Act applies to any program or activity receiving federal financial assistance These two laws authorize federal state and local educational agencies to undertake programs in education and employment They provide funds for the agencies to pay for those programs P L 94 142 1975 What is it and why was it important P L 94 142 1975 Education for all handicapped children act legislation for every one dollar in state spending on a child with disabilities it would be federally matched There are 3 years to enact a FAPE for all students with disabilities mandate had to be done In order to receive federal funds states must develop and implement policies that assure a free appropriate public education FAPE to all children with disabilities P L 99 457 1986 reauthorization extended services to cover 3 5 year olds and established a state grant program for infants and toddlers P L 101 476 1990 Individuals with Disabilities Education Act reauthorization name change is more sensitive 2 new categories established autism and traumatic brain injury be able to identify the 5 categories which have the most students Learning disabilities intellectual disabilities speech and language impairments other health impairments emotional disturbance What is meant by people first language Respect them as a person say the person first and then what they have What is LRE and why is the determination of LRE sometimes problematic Least restrictive environment students with disabilities be placed with their non disabled peers to the maximum extent appropriate with the provision of supplementary aids and services The child should start in the general education classroom and move only if supplementary services are unsuccessful It is problematic because appropriate is different based on who you ask and what their opinion is What is inclusion Full time general education class with consultation for the teacher could include general education classes all day Children with disabilities need to be educated with nondisabled children to the maximum extent possible Inclusion means that separate schooling or removal of a child from a general education class should occur only when the use of supplementary aids and services cannot adequately provide for the child s disability Multicultural education and family partnerships Risk ratios compare the proportion of a specific racial or ethnic group receiving special ed services to the proportion among the total combined other racial ethnic groups receiving special education white an asian under represented black and American Indian overrepresented non discriminatory evaluation an IDEA principle that requires schools to determine what each student s disability is and how it relates to the student s education must be carried out in culturally responsive way learning disability observe screen prereferral referral nondiscriminatory evaluation procedures and standards determination cultural deficit theory blames the failure of students from culturally and linguistically diverse backgrounds on the disadvantages that they experienced within their own cultures Think that cultural deprivation explains why there are significantly disparate academic and behavioral outcomes from students from racially ethnically diverse backgrounds disproportionate representation chapter 4 includes over and under representation overrepresentation of kids with color who are identified as having disabilities language barriers are a reason for classification kids of color are underrepresented in gifted and talented programs Asians and whites are underrepresented because don t want their kids to be classified principles and key indicators of family school partnerships Box 4 3 95 6 Figure 4 p 90 communication professional competence being highly qualified respect regards other with esteem commitment feeling loyalty equality equal opportunity and influence on decisions the other makes advocacy speak to take action trust have confidence in the other s judgments words and actions to increase benefits of education for the student and family prepare in advance connect and start review