EXPLAINING SPECIAL EDUCATION LEGAL ELEMENT
Erika Trammell- Conerly
Dr. Chad Smith
History, Policies and Trends in Deaf Education COMS 5093
Project Title:
EXPLAINING SPECIAL EDUCATION LEGAL ELEMENT
Target Audience:
SCHOOL PROFESSIONALS
Welcome !
Agenda:
We will focus on 3 main areas:
Activities:
Let’s Play
Bingo
Print This Slide
TERMS AND EXPRESSIONS
01
My Goals:
Your Goal/s:
TERMS AND EXPRESSIONS
01
I will explain of each Term or Expression and where the term is from.
I will explain how the Term or Expression directly impacts students who are D/deaf their families and the staff who serve them.
I will also include additional share able resources such as Youtube video, PDF’s and other web based resources for you to further your knowledge
By the end of this presentation you will be able explain the terms to students, and other staff members with confidence and data or a reliable resource to refer to them.
2
3
TERMS AND EXPRESSIONS
1
4
5
Least Restrictive Environment
(LRE)
Admission, Review, and Dismissal (ARD)/
Individualized Education Program (IEP)
Free and Appropriate Public Education (FAPE)
Separate but Equal
Identification, assessment & evaluation of students with disabilities
ADDITIONAL
TERMS AND EXPRESSIONS
6
7
Behavior Intervention Plan (BIP)
A functional behavioral assessment (FBA)
WHAT IS FAPE?
Free and Appropriate public education (FAPE):
Free and appropriate public education, or FAPE, is a legal term under the Individuals with Disabilities Education Act (IDEA) that requires schools to provide eligible students with disabilities with a free and appropriate public education that meets their unique needs and prepares them for further education, employment, and independent living. FAPE ensures that students with disabilities have access to the same educational opportunities as their non-disabled peers, and it includes the provision of special education and related services at no cost to the family.
FAPE
The Impact of FAPE on Deaf and Hard of Hearing students?
The impact of FAPE on students who are deaf and their families is significant, as it ensures that they have access to the same educational opportunities as their hearing peers. By providing specialized instruction and related services such as audiology, speech and language therapy, and assistive technology, schools can help students who are deaf to develop communication skills and access the curriculum. Teachers who serve students who are deaf must be knowledgeable about FAPE and ensure that their instruction is aligned with the unique needs of their students.
FAPE
How to explain the concept of FAPE, you could say something like:
“Under the law, all children with disabilities, including those who are deaf, have the right to a free and appropriate public education that meets their individual needs. This means that schools must provide specialized instruction and related services to help your child learn and grow, and that you should not have to pay for these services. Our goal is to make sure your child has the same opportunities as their hearing peers to succeed in school and beyond."
FAPE
WHAT IS LRE?
Least Restrictive Environment = LRE
Least restrictive environment
The least restrictive environment (LRE) is another legal term under IDEA that requires schools to provide students with disabilities with access to general education classrooms and activities to the maximum extent appropriate, while still meeting their unique needs. This means that students who are deaf should be educated with their non-disabled peers to the greatest extent possible, and that they should only be placed in more restrictive environments, such as separate classrooms or schools, when necessary to ensure their academic success.
LRE
The Impact of LRE on Deaf and Hard of Hearing students?
The impact of LRE on students who are deaf and their families is important, as it promotes inclusion and helps to ensure that students with disabilities are not segregated from their peers. By being educated in the general education classroom, students who are deaf have the opportunity to develop social skills, build relationships with their peers, and access the same curriculum as their non-disabled peers. Teachers who serve students who are deaf must work to ensure that their instruction is accessible and that their students are fully included in classroom activities and discussions.
LRE
How to explain the concept of LRE, you could say something like:
"We want your child to have the opportunity to learn and grow alongside their peers in the general education classroom to the greatest extent possible. This means that we will provide the support and accommodations they need to access the curriculum and participate in classroom activities. If there are times when your child needs additional support that cannot be provided in the general education classroom, we will work together to determine the best placement to ensure their academic success."
LRE
WHAT IS Separate but Equal?
Separate but equal is a legal doctrine that was used to justify racial segregation in the United States until it was overturned by the Supreme Court in the landmark case Brown v. Board of Education in 1954. The doctrine held that separate facilities for different races were constitutional as long as they were equal in quality, but in practice, the facilities were almost always unequal.
Separate But Equal
The Impact of Separate but Equal on Deaf and Hard of Hearing students?
The concept of separate but equal has a negative impact on students who are deaf and their families, as it promotes segregation and can lead to unequal access to educational opportunities. If students who are deaf are educated in separate classrooms or schools, they may not have the opportunity to develop social skills or build relationships with their hearing peers, and they may not have access to the same
Separate But Equal
How to explain the concept of Separate but Equal, you could say something like:
"Separate but Equal is an old and outdated idea that was used to justify segregation in the past. We believe that all students, including those who are deaf, deserve equal access to education and the same opportunities as their hearing peers. We work to ensure that your child is fully included in the general education classroom whenever possible, and that they receive the support and accommodations they need to succeed."
Separate But Equal
Quick Re-Teach Moment
Least Restrictive Environment
Least restrictive environment (LRE) means kids who get special education should be in the same classrooms as other kids as much as possible.The LRE for each child may look different because kids are unique.
LRE isn’t a place — it’s a principle that guides a child’s education program.
FAPE
FAPE stands for free appropriate public education. The right to FAPE is a powerful legal right for kids with disabilities. FAPE requires schools to provide special education to meet the unique needs of a child.
"Separate but Equal is an old and outdated idea that was used to justify segregation in the past. The Supreme Court declared the doctrine of “separate but equal” unconstitutional.
We do NOT follow Separate but Equal ideology anymore.
Separate but Equal
What is an Admission, Review, and Dismissal ARD/
Individualized Education Program IEP ?
The Admission, Review, and Dismissal (ARD) process is a legal requirement under the Individuals with Disabilities Education Act (IDEA) that schools must follow to identify and provide special education services to students with disabilities, including those who are deaf. The ARD committee, which includes parents, teachers, and other professionals, meets to review the student's progress and determine eligibility for special education services. The Individualized Education Program (IEP) is a document that outlines the special education services and accommodations that will be provided to the student.
ARD/IEP
The Impact of Admission, Review, and Dismissal ARD/
Individualized Education Program IEP on Deaf and Hard of Hearing students?
The ARD/IEP process is essential for students who are deaf and their families, as it ensures that their unique needs are identified and addressed through specialized instruction and related services. The IEP outlines the services and accommodations that will be provided to help the student learn and grow, and it provides a framework for communication between teachers and families. Teachers who serve students who are deaf must be knowledgeable about the ARD/IEP process and work collaboratively with families and other professionals to develop and implement effective IEPs.
ARD/IEP
How to explain the concept of Admission, Review, and Dismissal ARD/ Individualized Education Program IEP, you could say something like:
“The ARD/IEP process is a way for us to work together to identify your child's unique needs and develop a plan to help them learn and grow. We will meet with you and other professionals to review your child's progress and determine eligibility for special education services. Then, we will develop an Individualized Education Program that outlines the services and accommodations that will be provided to help your child succeed in school."
ARD/IEP
WHAT is Identification, assessment & evaluation of students with disabilities?
Identification, assessment, and evaluation of students with disabilities refer to the process of identifying students who may have a disability, conducting a comprehensive assessment to determine their needs, and evaluating their progress in meeting their educational goals.
The term comes from the Individuals with Disabilities Education Act (IDEA), which requires schools to identify, locate, and evaluate all students who may have a disability and may need special education and related services. The law also requires that the evaluation process be conducted in a nondiscriminatory manner and that it includes a variety of assessment tools and strategies.
The Impact of Identification, assessment & evaluation of students with disabilities on Deaf and Hard of Hearing students?
The impact of identification, assessment, and evaluation on students who are deaf and their families is significant, as it determines their eligibility for special education services and the type and extent of services they will receive. By identifying students who may have a disability early on, schools can provide early intervention services and support to help students succeed academically and socially. Assessment and evaluation help schools to determine the unique needs of each student and develop individualized education plans (IEPs) that address their specific needs.
Teachers who serve students who are deaf must be knowledgeable about the identification, assessment, and evaluation process and ensure that their instruction is aligned with the goals and objectives outlined in the students' IEPs. They must also work collaboratively with other professionals, such as audiologists and speech and language pathologists, to ensure that students receive the support and services they need to succeed.
How to explain the concept of Identification, assessment & evaluation of students with disabilities, you could say something like:
“We want to ensure that your child receives the best possible education and support to meet their unique needs. To do this, we need to identify, assess, and evaluate their abilities and challenges, so that we can develop a plan that meets their specific needs. We will work closely with you and your child to ensure that they receive the support and services they need to succeed in school and beyond."
Quick Re-Teach Moment
Admission, Review, and Dismissal / Individualized Education Program
An ARD is a meeting that is held in order to develop, review, or revise an Individualized Education Program (IEP). The IEP is a document that outlines the annual goals and services that will be provided to your child in order to ensure their success in school.
Identification, assessment & evaluation of students with disabilities
Students with disabilities or suspected disabilities are evaluated by schools to determine whether they are eligible for special education services and, if eligible, to determine what services will be provided
WHAT IS BIP?
A behavior intervention plan (BIP) is a written improvement plan created for a student based on the outcome of the functional behavior assessment (FBA). The FBA should identify what is maintaining or causing a challenging behavior, and the BIP specifies the actions to take to improve or replace the behavior.
A behavior intervention plan (BIP) is a written improvement plan created for a student based on the outcome of the functional behavior assessment (FBA). The FBA should identify what is maintaining or causing a challenging behavior, and the BIP specifies the actions to take
WHAT IS FBA ?
FBA
A functional behavioral assessment (FBA) is a process for gathering information about behaviors of concern, whether the behaviors are academic, social or emotional. Academic-related behaviors could be not completing homework assignments or class work.
Quick Re-Teach Moment
BIP
A behavior intervention plan (BIP) is a written improvement plan created for a student based on the outcome of the functional behavior assessment (FBA). The FBA should identify what is maintaining or causing a challenging behavior, and the BIP specifies the actions to take to improve or replace the behavior.
FBA
A functional behavioral assessment (FBA) is a process for gathering information about behaviors of concern, whether the behaviors are academic, social or emotional. Academic-related behaviors could be not completing homework assignments or class work.
COURT DECISIONS
Small Group Goals:
Your Goal/s:
COURT DECISIONS
02
By the end of this presentation you will be able to write a brief explanation of mentioned Court Decisions.
COURT DECISIONS
02
Brown v. Board of Education
Board of Education v. Rowley
Endrew F. v. Douglas County School District
02
COURT DECISIONS
Brown v. Board of Education
May 17, 1954: The U.S. Supreme Court decided in the Brown v. Board of Education of Topeka case that it was unconstitutional for educational institutions to segregate children by race.
“Brown” itself was not a single case, but rather a coordinated group of five lawsuits against school districts in Kansas, South Carolina, Delaware, Virginia, and the District of Columbia.
Even Today, the work of Brown is far from finished. Over 200 school desegregation cases remain open on federal court dockets.
Board of Education v. Rowley
Board of Education of the Hendrick Hudson Central School District v. Rowley, 458 U.S. 176 (1982), is a United States Supreme Court case concerning the interpretation of the Education for All Handicapped Children Act of 1975.
Amy Rowley was a deaf student, whose school refused to provide a sign language interpreter. Her parents filed suit contending violation of the Education for All Handicapped Children Act of 1975.
Board of Education v. Rowley
In a 6–3 decision authored by Justice Rehnquist, the Court held that public schools are NOT required by law to provide sign language interpreters to deaf students who are otherwise receiving an equal and adequate education.
Endrew F. v. Douglas County School District
Amazing sharable Prezi
Since Endrew F. v. Douglas County School District
What about now?
School districts are not losing cases because of the new Endrew F. standard, said Perry Zirkel, a professor emeritus of education and law at Lehigh University, who has been tracking the impact of the case.
“Anyway you slice it, it hasn’t changed the trends,” he said. “The same folks are still winning—the districts.”
WHAT IS IN THE NEWS TODAY 2023!
Supreme Court Unanimously sides with Deaf Michigan student
That families will NOT have to exhaust the Individuals with Disabilities Education Act IDEA administrative process before pursuing damages under the Americans with Disabilities Act ADA.
Perez v. Sturgis Public Schools
The case deals with the intersection of the ADA, which prohibits discrimination against those with disabilities, and the Individuals with Disabilities Education Act, which seeks to ensure disabled students receive a “free and appropriate education.”
But Perez wanted compensation for past damages — loss of income and emotional distress. He sued under the Americans with Disabilities Act, which bars discrimination against people with disabilities. That was the technical question before the Supreme Court: whether he could sue for past damages under a different statute.
Writing for the unanimous court, Justice Neil Gorsuch said the answer was yes, he could.
Perez v. Sturgis Public Schools
The Supreme Court decided Perez v. Sturgis Public Schools, holding that the Individuals with Disabilities Education Act’s IDEA exhaustion requirement, does not preclude an Americans with Disabilities Act ADA lawsuit where the relief sought i.e., compensatory damages is not something IDEA can provide.
02
ADDITIONAL COURT DECISIONS
I’m a teacher, and I know IEPs aren’t being followed. What do I do?
Well let’s look at History:
Back in 1992!
Do you remember the 90’s
Doe v. Withers
The case was noteworthy because it was the first special education damages case and the first case in which damages were assessed against a teacher who refused to comply with an IEP. 1992
Doe V. Withers
Doe vs Withers case involving a social studies teacher who refused to follow a student's IEP?
For the first time, a Teacher was held accountable for not following a student's IEP in the eyes of the court by making him pay monetary damages.
This created accountability for the teachers, sending a clear message to all educators that failure to comply with or follow a student's IEP would mean serious consequences.
Quick Scenario:
The Teacher refused to provide an IEP stated requirement item.
[Example: Copy of Notes]
Consequently, the student failed the class, making him ineligible for athletics. The court awarded the family $5000 in compensatory damages and $30,000 in punitive damages.****
02
ADDITIONAL COURT DECISIONS
LAWS
Small Group Goals:
Your Goal/s:
Laws
03
By the end of this presentation you will be able to write a brief explanation of the law
LAWS:
03
03
Rehabilitation Act of 1973
Every Student Succeeds Act
ESSA
Individuals with Disabilities Education Act
IDEA
P.L. 94-142
Americans with Disabilities Act
ADA
The Samuel Allen Law (Senate Bill 976)
enacted by the 86th Legislature
No Child Left Behind
Supported Decision Making
LAWS
Rehabilitation Act of 1973
The Rehabilitation Act of 1973 was the first legislation to address the notion of equal access for individuals with disabilities through the removal of architectural, employment, and transportation barriers. It also created rights of persons with disabilities through affirmative action programs. In addition, the legislation attempted to address some of the societal barriers faced by individuals with disabilities, including isolation by placement in institutions, limited access to buildings, and discrimination in education and employment.
Rehabilitation Act of 1973
Public Law 94-142
On November 29, 1975, President Gerald Ford signed into law the Education for All Handicapped Children Act (Public Law 94-142), or the EHA. The EHA guaranteed a free, appropriate public education, or FAPE, to each child with a disability in every state and locality across the country.
Individuals with Disabilities Education Act IDEA
Public Law 94-142
The original law, P. 94-142, known as the Education for All Handicapped Children Act, explained that of the eight million children in the U.S. with disabilities, more than half of them did not receive an appropriate education.
The students who were allowed to attend public school were often placed into special classrooms that separated them from the rest of the student body and failed to support their specific learning needs.
PL94-142 was re-authorized to become IDEA
Individuals with Disabilities Education Act IDEA
IDEA is the nation’s special education law.
Schools must find and evaluate students thought to have disabilities — at no cost to families.
Individuals with Disabilities Education Act IDEA
To qualify for IDEA services, a child must have a disability and need special education to make progress in school.
IDEA was first passed in 1975. At that time, it was called the Education for All Handicapped Children Act.
Before IDEA, it was common for states to place kids with disabilities in separate schools. Or in separate classrooms away from their peers. Their education was often poor and underfunded. Academic expectations were low. Kids with learning and thinking differences typically didn’t get the help they needed to thrive in school.
Congress passed IDEA to change this. Around the same time, other laws also passed to improve lives of people with disabilities. In 1973, Congress passed Section 504 of the Rehabilitation Act, which barred disability discrimination in programs that get federal funding. Then in 1990, Congress passed the Americans with Disabilities Act, or the ADA, to bar discrimination in other areas of society.
Over the years, Congress has updated these laws several times. IDEA’s last update was in 2004.
No Child Left Behind
No Child Left Behind (NCLB) was the main law for K–12 general education in the United States from 2002–2015.
The law held schools accountable for how kids learned and achieved.
The law was controversial in part because it penalized schools that didn’t show improvement.
Every Student Succeeds Act ESSA
No Child Left Behind
By 2015, bipartisan criticism had accumulated so much that a bipartisan Congress stripped away the national features of No Child Left Behind. Its replacement, the Every Student Succeeds Act, turned the remnants over to the states.
Every Student Succeeds Act ESSA
The Every Student Succeeds Act (ESSA) is the federal K-12 education law of the United States. ESSA was signed into law in 2015 and replaced the previous education law called “No Child Left Behind.” ESSA extended more flexibility to States in education and laid out expectations of transparency for parents and for communities.
ESSA requires every state to measure performance in reading, math, and science. Each state determines the way students are assessed. Every school in each state must inform parents about their standards and their results.
ESSA requires every state to develop a concise and easily understandable “State Report Card” that is accessible online and provides parents important information on test performance in reading, math, and science. The report cards must also provide data on graduation rates, suspensions, absenteeism, teacher qualifications, and many other areas.
Every Student Succeeds Act ESSA
ESSA increases transparency to empower parents with information to help them make the best choices for their children. For the first time ever, states are required to report how much money, on average, they spend per student. This is called “per pupil expenditures.” ESSA also requires states to list their lowest performing 5% of schools. These schools require “comprehensive support and improvement.”
ESSA extends flexibility for funds to be invested in career and technical education and even toward transportation for students to attend higher performing schools.
Use the information on this webpage to learn about your state’s performance and to access your state’s unique State Report Card.
Americans with Disabilities Act: ADA
The Americans with Disabilities Act (ADA) protects people with disabilities from discrimination.The ADA applies to the government, schools, and most businesses.
Employers must provide reasonable accommodations that break down barriers for employees with disabilities.
The Americans with Disabilities Act (ADA) is a federal civil rights law. It protects people with disabilities from discrimination in most settings.
The law applies to the government, schools, and employers with 15 or more employees. It also applies to anyone who offers goods and services to the public. This includes restaurants, stores, and even websites.
American With Disabilities Act ADA
The ADA is very broad in who it covers. The law protects anyone with a physical or mental condition that “substantially limits one or more major life activities.”
Major life activities include things like seeing, hearing, eating, sleeping, or walking. But there are other activities that fall into this category, including: Learning, Reading, Concentrating, Thinking, Communicating , Working, Caring for yourself, Interacting with others
A condition doesn’t have to be severe to qualify for protection under the ADA. But it must have a significant impact on a person’s ability to do these activities, compared to most people in society.
This is the ability to recognise and understand other people’s emotions. This ability will help us to properly interpret the emotions of other people and also to provide them with the support or care that they need at any given moment.
What’s more, empathy will help us to establish close, high-quality links with healthy relationships, as it will enable us to establish bonds of respect, understanding and trust.
American With Disabilities Act ADA
Americans with Disabilities Act ASL Video PART 1
Americans with Disabilities Act ASL Video PART 2
Supported Decision Making
There are many alternatives to guardianship that give people with disabilities support to make decisions without taking away their rights.
Texas law recognizes supported decision-making agreements (SDMA) as an alternative to guardianship. SDMAs allow people with disabilities to make their own decisions and stay in charge of their lives while receiving the help and assistance they need to do so.
Samuel Allen Law Senate Bill 976
enacted by the 86th Legislature
Effective September 1st 2019: The Samuel Allen Law (Senate Bill 976) enacted by the 86th Legislature, adds Transportation Code Section 502.061
The Samuel Allen Law will allow a person challenged with communication, (Autism, Asperger Syndrome, Deafness, Hard of Hearing, PTSD, Parkinson’s disease, Mild Intellectual Disability and more) the option for disclosure when registering their vehicle through the Texas DMV. Communication Impediment will be privately placed in the Texas Law Enforcement Telecommunication System (TLETS) thus alerting the officer of the challenge PRIOR to approaching the vehicle in a pull-over scenario.
Samuel Allen Speaks on Behalf of Drivers with a Communication Challenge at Texas Capitol
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