Teachers and The Law 7 th Chapter 16

Teachers and The Law 7 th Chapter 16 Are There Special Rights for Students with Disabilities and Non -English-Speaking Students? Fischer, Schimmel, Stellman Power. Point Presentation Gerri Spinella Ed. D. Elizabeth Mc. Donald Ed. D. This multimedia product and its contents are protected under copyright law. The following are prohibited by law: • any public performance or display, including transmission of any image over a network; • preparation of any derivative work, including the extraction, in whole or in part, of my images; • any rental, lease, or lending of the program. 1

Key Concepts Are There Special Rights for Students with Disabilities and Non-English-Speaking Students? Educating Students with Disabilities Bilingual and Multicultural Education Copyright © Allyn & Bacon 2007

Chapter 16 Are There Special Rights for Students with Disabilities and Non-English-Speaking Students? To what degree has your educational system been impacted by the equality for students with disabilities and those with limited English proficiency? Copyright © Allyn & Bacon 2007

KEY TERMS- Chapter 16 IDEA (Individuals with Disabilities Education Act) (359) Stay Put Provision (369) • Dangerous Exception (369) • Long Term Suspension (368) Misclassification (359) Least Restrictive Alternative Program (370) Children with Disabilities (360) Mainstreaming (inclusion & separation) (370 -71) (Functional) Exclusion (361) Regression-recoupment standard (376) FAPE (Free Appropriate Public Education) (361) ADA (American Disabilities Act) (376) Appropriate Education (361) TMH (Trainable Mentally Handicapped) (377) Related Services (363) • Assisted Technology Device (363) • Assistive Technology Service (363) EEOA (EQUAL Educational Opportunities Act) (381) Manifestation Determination (367) Copyright © Allyn & Bacon 2007

Federal Laws • 1973 Section 504 of the Rehabilitation Act - (RHA) • 1975 Public Law No. 94. 142 - (Education of All Handicapped Children) • 1986 Public Law No. 99 -457 (Amendment to Public Law No. 94 -142 • 2004 IDEA Congress reauthorized and amended IDEA • 2005 Public Law No. 108 -446 amended IDEA Copyright © Allyn & Bacon 2007

Cases PA. Association for Retarded Children (PARC) vs. Commonwealth of PA. Mills v. Board of Education Copyright © Allyn & Bacon 2007

Educating Students with Disabilities • Key Constitutional Provisions – Exclusion – Functional exclusion – Misclassification • Parc Case asserted violations of the equal protection and due process clauses • Mills Case – equal access • Public Law 94 -142 “All disabled children between the ages of 3 -21 must have ‘free’ appropriate public education. ” Copyright © Allyn & Bacon 2007

Appropriate Education • IEP – tailor made plan – careful assessment and evaluation – curricular plans and instructional approaches – periodic assessment – related services • assistive technology device • assistive technology service Copyright © Allyn & Bacon 2007

Cases Board of Education v. Rowley Irving Independent School District v. Tatro Timothy W. v. Rochester School District Copyright © Allyn & Bacon 2007

Due Process Rights Under Public Law 94 -142 • Written Notice using “language understandable to the general public” • Testing must be nondiscriminatory as to language, race, and culture. • Right to have independent testing • Parents must have access to student records. • Fair and impartial hearing • Right for student to remain in current placement until due process proceedings are completed • Surrogate parent may be appointed. • Confidential child’s records Copyright © Allyn & Bacon 2007

Discipline for Children with Disabilities • Manifestation determination – whether the misbehavior was a function of the disability – can be suspended for 10 or more days • Functional behavioral assessment • Behavior Intervention Plan needs to be developed before there is a change of placement whether the misbehavior was a function of the disability Stay Put Provisions of IDEA-places the responsibility on the schools to assess misconduct behaviors in terms of disability Suspensions Copyright © Allyn & Bacon 2007

Case Honig v. Doe Copyright © Allyn & Bacon 2007

Placement Criteria - IDEA • Compare the benefits to the student of a placement in a segregated setting with the benefits of inclusion, supplemented with appropriate aides and services. • Consider the nonacademic benefits of interaction with regular education students. • Evaluate the effects of the inclusion on the regular classroom teacher and on the other students. • Consider the cost of the inclusion, or mainstreaming. Copyright © Allyn & Bacon 2007

Case Mattie T. v. Holladay Copyright © Allyn & Bacon 2007

PLACEMENT OF STUDENTS WITH SPECIAL NEEDS • • Least Restrictive Environment Home Instruction Private Schooling Private Sectarian Schooling an Alternative The provider of services determines the placement for special services for the children. Copyright © Allyn & Bacon 2007

Case Johnson v. Independent School District No. 4 of Bixby Copyright © Allyn & Bacon 2007

Bilingual and Multicultural Education Federal Laws do apply to the schooling of non-English-Speaking Children. • EEOA • Title VII, Bilingual Education Act • Title III , The English Language Acquisition Act Copyright © Allyn & Bacon 2007

Case Lau v. Nichols Copyright © Allyn & Bacon 2007

Initial Proceedings Complaint Interrogatories Facts of claim by plaintiff seeks Depositions Defendant Answers (30 days) or motion to dismiss Document Requests Discovery Begins Settlement Conference Step by Step In The Court System OUTCOME EDUCATIONAL IMPLICATION Copyright © Allyn & Bacon 2007

Chapter 16 Are There Special Rights for Students with Disabilities and Non-English-Speaking Students? Reflection In what ways have the Constitution and legislation been used to gain a significant degree of equality in education for students with disabilities and those with limited English proficiency? Copyright © Allyn & Bacon 2007