New Regulations for Service Animals

On Friday, July 23, 2010, Attorney General Eric Holder signed final regulations revising the Department’s ADA regulations, including its ADA Standards for Accessible Design. The official text was published in the Federal Register on September 15, 2010.
The revised regulations amend the Department’s Title II regulation, 28 C.F.R. Part 35, and the Title III regulation, 28 C.F.R. Part 36. Appendix A to each regulation includes a section-by-section analysis of the rule and responses to public comments on the proposed rule. Appendix B to the Title III regulation discusses major changes in the ADA Standards for Accessible Design and responds to public comments received on the proposed rules. The Department’s Final Regulatory Impact Analysis will be posted on this page as soon as it is available.
These final rules will take effect March 15, 2011. Compliance with the 2010 Standards for Accessible Design is permitted as of September 15, 2010, but not required until March 15, 2012. The Department has prepared fact sheets identifying the major changes in the rules. http://www.ada.gov/regs2010/ADAregs2010.htm
You can locate the fact sheet for the Highlights of the final rule at Http://www.ada.gov/regs2010/factsheets/title2_factsheet.html
And here is the new regulation under Title II:
§ 35.136 Service animals
• (A) General. Generally, a public entity shall modify its policies, practices, or procedures to permit the use of a service animal by an individual with a disability.
• (b) Exceptions. A public entity may ask an individual with a disability to remove a service animal from the premises if—
o (1) The animal is out of control and the animal's handler does not take effective action to control it; or
o (2) The animal is not housebroken.
• (C) If an animal is properly excluded. If a public entity properly excludes a service animal under § 35.136(b), it shall give the individual with a disability the opportunity to participate in the service, program, or activity without having the service animal on the premises.
• (d) Animal under handler's control. A service animal shall be under the control of its handler. A service animal shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal's safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler's control (e.g., voice control, signals, or other effective means).
• (e) Care or supervision. A public entity is not responsible for the care or supervision of a service animal.
• (f) Inquiries. A public entity shall not ask about the nature or extent of a person's disability, but may make two inquiries to determine whether an animal qualifies as a service animal. A public entity may ask if the animal is required because of a disability and what work or task the animal has been trained to perform. A public entity shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal. Generally, a public entity may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person's wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability).
• (g) Access to areas of a public entity. Individuals with disabilities shall be permitted to be accompanied by their service animals in all areas of a public entity's facilities where members of the public, participants in services, programs or activities, or invitees, as relevant, are allowed to go.
• (h) Surcharges. A public entity shall not ask or require an individual with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees, or to comply with other requirements generally not applicable to people without pets. If a public entity normally charges individuals for the damage they cause, an individual with a disability may be charged for damage caused by his or her service animal.
• (i) Miniature horses.
o (1) Reasonable modifications. A public entity shall make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability.
o (2) Assessment factors. In determining whether reasonable modifications in policies, practices, or procedures can be made to allow a miniature horse into a specific facility, a public entity shall consider—
 (i) The type, size, and weight of the miniature horse and whether the facility can accommodate these features;
 (ii) Whether the handler has sufficient control of the miniature horse;
 (iii) Whether the miniature horse is housebroken; and
 (iv) Whether the miniature horse's presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation.
o (C) Other requirements. Paragraphs 35.136 (c) through (h) of this section, which apply to service animals, shall also apply to miniature horses.

This is legal information only, not legal advice!

The above listed information about special education law is for general information only. General legal information is not the same as legal advice -- which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, I strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not rely solely on the information provided above.

Independent Educational Evaluation

Parents Right to an Independent Evaluation
If you, as parents of a child with a disability, disagree with the results of your child's evaluation as obtained by the public agency, you have the right to obtain what is known as an Independent Educational Evaluation, or IEE. An IEE means an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of your child. If you ask for an IEE, the public agency must provide you with, among other things, information about where an IEE may be obtained.

Who pays for the independent evaluation? The answer is that some IEEs are at public expense and others are paid for by the parents. For example, if you are the parent of a child with a disability and you disagree with the public agency's evaluation, you may request an IEE at public expense. "At public expense" means that the public agency either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to you as parents. The public agency may grant your request and pay for the IEE, or it may initiate a hearing to show that its own evaluation was appropriate. The public agency may ask why you object to the public evaluation. However, the agency may not require you to explain, and it may not unreasonably delay either providing the IEE at public expense or initiating a due process hearing to defend the public evaluation.

If the public agency initiates a hearing and the final decision of the hearing officer is that the agency's evaluation was appropriate, then you still have the right to an IEE but not at public expense. As part of a due process hearing, a hearing officer may also request an IEE; if so, that IEE must be at public expense. Whenever an IEE is publicly funded, that IEE must meet the same criteria that the public agency uses when it initiates an evaluation. The public agency must tell you what these criteria are--such as location of the evaluation and the qualifications of the examiner--and they must be the same criteria the public agency uses when it initiates an evaluation, to the extent they are consistent with your right to an IEE. However, the public agency may not impose other conditions or timelines related to your obtaining an IEE at public expense.

Of course, you have the right to have your child independently evaluated at any time at your own expense. (Note: When the same tests are repeated within a short time period, the validity of the results can be seriously weakened.) The results of this evaluation must be considered by the public agency, if it meets agency criteria, in any decision made with respect to providing your child with FAPE. The results may also be presented as evidence at a hearing regarding your child.


This is legal information only, not legal advice!
The above listed information about special education law is for general information only. General legal information is not the same as legal advice -- which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, I strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not rely solely on the information provided above.

Functional Behavioral Assessments and Positive Interventions

What is Positive Behavioral Support?
A collaborative assessment-based process to develop an effective, individualized intervention for students with challenging behavior. Support plans focus on proactive and educative approaches.

For what reasons do we use PBS?
A pattern of dangerous, destructive, or highly disruptive behavior exists
Behavioral concerns are resulting in exclusion from integrated activities
Difficulties persist despite less comprehensive or systematic approaches

Who is involved in the PBS process?
A collaborative team consisting of the individual, their families, direct support providers (teachers, therapists, etc.) administrators and others responsible for implementing the support plan; effective teams include members who can:
Establish a collective vision regarding the goals of intervention
Communicate, resolve conflicts, and share in decision-making
Make a commitment to implement and evaluate interventions
Effectively access and utilize resources and natural supports

How is PBS implemented?
The behavioral support team, often facilitated by individuals skilled in this process:
1.identifies goals of intervention
2.gathers relevant information
3.develops summary statements
4.generates a behavioral support plan
5.implements strategies and monitors outcomes


Positive Behavioral Support Process (Case Example)

Identify Goals of Intervention: Based on the available information, the team identifies the specific concerns:
What the child is saying or doing that is problematic (observable behaviors)
To what extent these behaviors are occurring
What goals the team hopes to achieve through intervention

Johnny’s disruptive behavior is interfering with the other student’s learning. The team is considering alternative placement. His disruptions include slamming materials and making noises (e.g., bird calls). Teacher observations indicate that these behaviors occur 10-15 times per class. Johnny is also failing academically. The team determines that their goals are to:
Decrease Johnny’s disruptive behavior
Increase the assignments he completes
Improve relationships with peers
Maintain Johnny’s current placement



Gather Relevant Information: Members of the behavioral support team gather information through a variety of sources:
Review of existing records
Interviews of support providers
Direct observations

Members of Johnny’s team divide responsibility for information gathering. The school counselor reviews his records (disciplinary referrals, anecdotal records, psychological evaluations). The behavior specialist and assistant principal conduct interviews with Johnny, his family, his teacher, and a cafeteria aide. The teacher tallies incidents of disruptive behavior in the classroom and the behavior specialist does “ABC recording” to identify events or circumstances that may be affecting Johnny’s behavior. The team then reviews the information gathered to discern patterns.
Develop Summary Statements: The team uses information gathered to create statements that describe relationships between Johnny’s behaviors of concern and the environment. The statements include: When, Where and with whom the behavior is least/most likely to occur.
What happens following the behavior? Other variables that appear to affect the student’s behavior.

The team develops the following summary statements:
During paper and pencil activities where students are working independently for longer than 10 minutes, Johnny makes noises and slams materials on his desk; this results in the teacher checking his work and reminding him to be quiet. If Johnny’s disruptive behavior continues following redirection (and peers begin to complain), his teacher sends him to time-out, which results in him avoiding the academic assignment. Johnny’s behaviors of concern never occur during music or cooperative learning activities.


Generate Behavioral Support Plan: A plan is developed based on the summary statements that best fit within the environments in which it will be used. The plan includes:
Adjustments to the environment that reduce the likelihood of problems
Teaching replacement skills and building competencies
The most natural and least intrusive consequences to promote positive, and deter problem, behavior a crisis intervention plan (if needed)

The team generates a behavioral support plan to include:
Increased use of cooperative learning strategies in the classroom
Allowing Johnny to use a keyboard when working on lengthy written assignments
Teaching Johnny to raise his hand when he needs assistance, is ready to have his work checked, or needs a break.
Providing attention whenever Johnny raises his hand, even if just to say “I’ll be there in a minute.” Ignoring all noises, and instructing his peers to do the same.
Minimizing the use of time-out; instead, allowing Johnny to earn homework passes for assignments completed.
Encouraging Johnny to join Band and to develop friendships.

Implement and Monitor Outcomes: The team works together to insure that the plan is implemented with consistency, and effective in achieving their goals. The team identifies the training and resources needed, determines who is responsible for monitoring implementation, evaluates outcomes (through continued data collection), and communication periodically, making adjustments in the plan as needed.

Members of Johnny’s team divide responsibility for implementing and monitoring the plan. The counselor assists the teacher in altering the activity schedule in her class and observes in the class biweekly to take data and provide extra support. The teacher implements the plan and tallies incidents of disruptive behavior. Johnny’s mother provides support at home. Team members then communicate by phone periodically, making changes to the plan as needed. Six weeks later, the team reconvenes to evaluate the outcomes and to celebrate the positive changes.


What resources are available on PBS?

Koegel, L.K., Koegel, R.L., & Dunlap, G. (1996). Positive behavioral support: Including people with difficult behavior in the community. Baltimore, Paul H. Brooks.

O;Neill, R.E., Horner, R.H., Albin, R.W., Sprague, J.R., Storey, K., & Newton, J.S. (1997). Functional assessment and program development for problem behavior: A practical Handbook. Pacific Grove, CA: Brooks/Cole



This is legal information only, not legal advice!
The above listed information about special education law is for general information only. General legal information is not the same as legal advice -- which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, I strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not rely solely on the information provided above.

What Are Specific Learning Disabilities?

Learning disability is a general term that describes specific kinds of learning problems. A learning disability can cause a person to have trouble learning and using certain skills. The skills most often affected are: reading, writing, listening, speaking, reasoning, and doing math.

Learning disabilities (LD) vary from person to person. One person with LD may not have the same kind of learning problems as another person with LD. Sara, in our example above, has trouble with reading and writing. Another person with LD may have problems with understanding math. Still another person may have trouble in each of these areas, as well as with understanding what people are saying.

Researchers think that learning disabilities are caused by differences in how a person's brain works and how it processes information. Children with learning disabilities are not "dumb" or "lazy." In fact, they usually have average or above average intelligence. Their brains just process information differently.

The definition of "learning disability" just below comes from the Individuals with Disabilities Education Act (IDEA). The IDEA is the federal law that guides how schools provide special education and related services to children with disabilities. The special help that Sara is receiving is an example of special education.

There is no "cure" for learning disabilities. They are life-long. However, children with LD can be high achievers and can be taught ways to get around the learning disability. With the right help, children with LD can and do learn successfully.

IDEA's Definition of "Learning Disability"

Our nation's special education law, the Individuals with Disabilities Education Act, defines a specific learning disability as . . .
". . . a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia."
However, learning disabilities do not include, "…learning problems that are primarily the result of visual, hearing, or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural, or economic disadvantage." 34 Code of Federal Regulations §300.8(c)(10)

How Common are Learning Disabilities?

Very common! As many as 1 out of every 5 people in the United States has a learning disability. Almost 3 million children (ages 3 through 21) have some form of a learning disability and receive special education in school. In fact, over half of all children who receive special education have a learning disability (Twenty-sixth Annual Report to Congress, U.S. Department of Education, 2006).

What are the Signs of a Learning Disability?

There is no one sign that shows a person has a learning disability. Experts look for a noticeable difference between how well a child does in school and how well he or she could do, given his or her intelligence or ability. There are also certain clues that may mean a child has a learning disability. We've listed a few below. Most relate to elementary school tasks, because learning disabilities tend to be identified in elementary school. A child probably won't show all of these signs, or even most of them. However, if a child shows a number of these problems, then parents and the teacher should consider the possibility that the child has a learning disability.
When a child has a learning disability, he or she:
may have trouble learning the alphabet, rhyming words, or connecting letters to their sounds;
may make many mistakes when reading aloud, and repeat and pause often;
may not understand what he or she reads;
may have real trouble with spelling;
may have very messy handwriting or hold a pencil awkwardly;
may struggle to express ideas in writing;
may learn language late and have a limited vocabulary;
may have trouble remembering the sounds that letters make or hearing slight differences between words;
may have trouble understanding jokes, comic strips, and sarcasm;
may have trouble following directions;
may mispronounce words or use a wrong word that sounds similar;
may have trouble organizing what he or she wants to say or not be able to think of the word he or she needs for writing or conversation;
may not follow the social rules of conversation, such as taking turns, and may stand too close to the listener;
may confuse math symbols and misread numbers;
may not be able to retell a story in order (what happened first, second, third); or
may not know where to begin a task or how to go on from there.
If a child has unexpected problems learning to read, write, listen, speak, or do math, then teachers and parents may want to investigate more. The same is true if the child is struggling to do any one of these skills. The child may need to be evaluated to see if he or she has a learning disability.

Information obtained from NICHCY.org /http://www.nichcy.org/Disabilities/Specific/Pages/LD.aspx
Additional information available from this site.

This is legal information only, not legal advice!
The above listed information about special education law is for general information only. General legal information is not the same as legal advice -- which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, I strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not

Categories of IDEA Eligibility

CATEGORIES OF DISABILITIES UNDER IDEA LAW
There are 14 specific primary terms included in IDEA under the lead definition of "child with a disability." These federal terms and definitions guide how States define disability and who is eligible for a free appropriate public education under special education law. The definitions of these specific terms from the IDEA regulations are shown beneath each term listed below. Note, in order to fully meet the definition (and eligibility for special education and related services) as a "child with a disability," a child's educational performance must be adversely affected due to the disability.

1. Autism...
...means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three that adversely affects a child’s educational performance. Other characteristics often associated with autism are engaging in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. The term autism does not apply if the child’s educational performance is adversely affected primarily because the child has an emotional disturbance, as defined in #5 below.
A child who shows the characteristics of autism after age 3 could be diagnosed as having autism if the criteria above are satisfied.
2. Deaf-Blindness...
...means concomitant [simultaneous] hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness.
3. Deafness...
...means a hearing impairment so severe that a child is impaired in processing linguistic information through hearing, with or without amplification that adversely affects a child's educational performance.
4. Developmental Delay...
...for children from birth to age three (under IDEA Part C) and children from ages three through nine (under IDEA Part B), the term developmental delay, as defined by each State, means a delay in one or more of the following areas: physical development; cognitive development; communication; social or emotional development; or adaptive [behavioral] development.
5. Emotional Disturbance...
...means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child’s educational performance:
(a) An inability to learn that cannot be explained by intellectual, sensory, or health factors.
(b) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.
(c) Inappropriate types of behavior or feelings under normal circumstances.
(d) A general pervasive mood of unhappiness or depression.
(e) A tendency to develop physical symptoms or fears associated with personal or school problems.
The term includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance.
6. Hearing Impairment...
...means an impairment in hearing, whether permanent or fluctuating, that adversely affects a child’s educational performance but is not included under the definition of "deafness."
7. Mental Retardation...
...means significantly sub average general intellectual functioning, existing concurrently [at the same time] with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a child’s educational performance.

(Note: Mental Retardation is the term found in the law since passage of the original legislation in 1975. In 2008, the American Association on Intellectual and Developmental Disabilities (AAIDD) (formerly the American Association on Mental Retardation, AAMR) and members of the community recommended use of the term Intellectual Disability. For changes in language to be made in the regulations, Congress must first change it in the legislation. Until such action occurs, we provide the existing language from IDEA.)
8. Multiple Disabilities...
...means concomitant [simultaneous] impairments (such as mental retardation-blindness, mental retardation-orthopedic impairment, etc.), the combination of which causes such severe educational needs that they cannot be accommodated in a special education program solely for one of the impairments. The term does not include deaf-blindness.
9. Orthopedic Impairment...
...means a severe orthopedic impairment that adversely affects a child’s educational performance. The term includes impairments caused by a congenital anomaly, impairments caused by disease (e.g., poliomyelitis, bone tuberculosis), and impairments from other causes (e.g., cerebral amputations, and fractures or burns that cause contractures).
10. Other Health Impairment...
...means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that—
(a) is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome; and
(b) Adversely affects a child’s educational performance.
11. Specific Learning Disability...
...means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations. The term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. The term does not include learning problems that are primarily the result of visual, hearing, or motor disabilities; of mental retardation; of emotional disturbance; or of environmental, cultural, or economic disadvantage.
12. Speech or Language Impairment...
...means a communication disorder such as stuttering, impaired articulation, language impairment, or a voice impairment that adversely affects a child’s educational performance.
13. Traumatic Brain Injury...
...means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child's educational performance. The term applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech.
The term does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma.
14. Visual Impairment Including Blindness...
...means an impairment in vision that, even with correction, adversely affects a child’s educational performance. The term includes both partial sight and blindness.
Considering the Meaning of "Adversely Affects"
You may have noticed that the phrase "adversely affects educational performance" appears in most of the disability definitions. This does not mean, however, that a child must be failing in school to receive special education and related services. According to IDEA, states must make a free appropriate public education available to "any individual child with a disability who needs special education and related services, even if the child has not failed or been retained in a course or grade, and is advancing from grade to grade." [§300.101(c) (1)]
Information provided by the NICHCY (National Dissemination Center for Children with disabilities. And the Office of Special Education Programs of the U. S. Department of Education


This is legal information only, not legal advice!
The above listed information about special education law is for general information only. General legal information is not the same as legal advice -- which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, I strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not rely solely on the information provided above.

Transition 101: High School to Adulthood

Check out this SlideShare Presentation:

Transition 101: High School to Adulthood

View more presentations from Federation for Children with Special Needs.

Extended School Year Services

Extended School Year Services


Parents of children with disabilities must remember that their children may be eligible for Extended School Year Services (ESY). This is a factor that can be considered in whether a Free and Appropriate Education (FAPE) is provided by a school district.
ESY is not summer school. Summer school is to provide remediation to those students who did not obtain passing grades during the regular school year. ESY services are individualized and based upon the child’s specific needs. The purpose of ESY services is to limit the regression of skills that a student may suffer from the extended break over the summer and the recoupment time that would be necessary to bring the student back to the skill level attained prior to the summer break. Washington Administrative Code (WAC) 392-172A-02020: and Oregon Administrative Rules (OAR) 581-015-2065. Also see Code of Federal Regulations (CFR) 300.106.
In an OSEP Policy letter (Given letter) (2003), they stated that some of the factors that states may use in making ESY determinations are: likelihood of regression, slow recoupment of skill and predictive data of professionals familiar with the student.
However, in MM v. School District of Greenville County 303 F. 3d 523 (4th Cir. 2002) the court determined that

“ESY services are only necessary to a FAPE when the benefits of a disabled child gains
During a regular school year will be significantly jeopardized if he is not provided with
An educational program during the summer months” p. 538.

Parents must carefully document their child’s progress during the school year, but additionally must be cognizant of and document any academic, functional or behavioral regression in your child that occurs over the summer break and evaluate how much time is spent the next year recovering the very same skills that your child possessed before the summer break. Losing instruction time and continuing to teach skills already acquired limits a students’ progress.


This is legal information only, not legal advice!
The above listed information about special education law is for general information only. General legal information is not the same as legal advice -- which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, I strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not rely solely on the information provided above.

Harrassment as form of Disability Discrimination

Harassment on the basis of a disability is a violation of Section 504 of the Rehabilitation Act of (1973). This claim may exist if there was different treatment of an individual, such disparaging remarks that pertained to the individuals' disability. Nordonia Hills School District (Ohio) 25 Idelr233 (OCR, 1996.

Further, a school district may be responsible for peer to peer harassment, if they received notice of the harassment and failed to take prompt and effective action to stop it. Rochester Community Schools (Michigan) 41 IDELR 246 (OCR, 2004).

The U.S. Supreme Court has held that peer to peer harassment cases require a showing of deliberate indifference on the part of the school in order to impose liability.
Davis v. Monroe County Board of Education 526 U.S. 629 (1999). Following this case lower courts have applied different standards for imposing liability on school districts for harassment imposed by peers. Wisconsin has devised a five part test for imposing liability for peer to peer harassment: 1) student is an individual with a disability; 2) that the student was harassed based on his disability; 3) that the harassment was "sufficiently severe or pervasive" that it altered his education and created an abusive environment; 4) that the school knew of the harassment; 5) the school was "deliberately indifferent" to the harassment. Werth v. Board of Directors of the Public School of Milwaukee, 47 IDELR 67 (2007). In M.P. v. Independent School District No. 721, 38 IDELR 262 ( 8th Cir. 2003) the court applied a "bad faith" or "gross misjudgment" standard. The third district has followed a much less strenuous standard as set forth in K.R. v. School District of Philadelphia 48 IDELR 216 (2007). In this case the parents only needed to demonstrate that the child had a disability and qualified to participate in public education and that she was "denied the benefits of " or "subject to discrimination" in his school.

This is legal information only, not legal advice!
The above listed information about special education law is for general information only. General legal information is not the same as legal advice -- which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, I strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not rely solely on the information provided above.

504 Accommodations

Accommodations - What are Testing Accommodations?
Testing accommodations are modifications are changes made in testing to prevent your child's disability from interfering with her ability to demonstrate her true skill levels. They can include:
• Changes to the test such as multiple choice rather than short answer, or a reduced number of test items.
• Changes in the administration of the tests such as extended time, having items read using a text-reader, or having someone write your child's answers as she says them aloud.

Decisions on Accommodations for Tests - What You Need to Know
Shortly after your child is formally diagnosed with a learning disability, the IEP team or Section 504 committee will likely discuss whether your child should have accommodations on his testing.
Testing accommodations are permitted under both Section 504 and IDEA. Further, in some cases, accommodations can apply to more than just classroom assessments. Under certain conditions, they can apply to high-stakes accountability testing in state-level assessments and with college entrance exams.
Are Accommodations Helpful or Harmful?
While testing accommodations can seem like a good idea to support your child, it is important to be aware of the possible negative affects they may have for him and for his school. Helpful aspects of accommodations include:
• When carefully applied, accommodations enable teachers to get a more accurate assessment of your child's knowledge and skills.
• Accommodations can help your child feel more comfortable with the testing process, knowing that his disability will not prevent him from succeeding.
• Accommodations can potentially help your child receive better grades and possibly more academic recognition.
• Accommodations may result in slightly higher scores on college entrance exams.
Conversely, there are potential negative affects of testing modifications that should be carefully considered before choosing to use them for your child. Possible harmful aspects of accommodations include:
• Testing accommodations may be misused and misapplied. This can artificially increase your child's scores. This can cause teachers overestimate his skills and ultimately lead to frustration and failure.
• Your child may not get extra help he needs because he appears to have higher skill levels than he really has.
• In the worst cases, teachers may inadvertently focus less on your child, believing that the accommodations are all the support he needs.
• When accommodations are over-used, children with disabilities have inflated scores. Such scores are used in instructional decisions and determining how to spend funds, place personnel, and provide professional development. As a result, students with disabilities can lose valuable support because they do not appear to need it.
Limitations on Testing Accommodations
Section 504 and IDEA allow for accommodation on testing, but they do not require schools to accommodate students to such a degree that they have advantages over other students.
While most schools allow IEP teams to determine classroom testing accommodations, there are typically strict guidelines for using accommodations during state-level accountability testing. In setting limits, states try to balance student need and fair access to testing with the need for school accountability for improvement.
The most significant reason for rigid regulation is that statewide assessment results reflect the quality of instruction children receive. Large numbers of modifications can artificially raise students' scores. This can prevent school improvement and mask serious instructional problems.
Another reason for regulation, and this is unfortunate but true, there are people who attempt to get modifications for their children when they are not really needed because they believe it will give their children advantages over other students. This is especially true among older students who are competing for scholarships and higher college entrance exam scores.
Making the Right Decision for Your Child
To make the best decision for your child, focus on:
• Assessment Data - Accommodate only in the areas where his disability would prevent him from showing what he truly knows. For example, if his learning disability is in written language, a scribe to write his responses, only exactly as your child states them, is appropriate.
• Develop your child's goals, objectives, and specially designed instruction on his IEP before discussing testing accommodations. This will enable the IEP team to think about accommodations while keeping in mind his total education program.
• Clearly specify what the accommodation will be and how and when it will be used in the IEP.
• Consider the supports your child needs in daily instruction. If he needs accommodations daily.

This is legal information only, not legal advice!
The above listed information about special education law is for general information only. General legal information is not the same as legal advice -- which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, I strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not rely solely on the information provided above.

Corporal Punishment

Here in the Northwest, Corporal Punishment is prohibited by law, in both Oregon and Washington. However, this is not necessarily true for the rest of the United States. There are twenty jurisdictions in the United States where corporal punishment(spanking, paddling) is permitted.

There remains a philosophy that a "spanking or "paddling" will curb student defiance and misbehavior. The problem with this thinking is that many of our most vulnerable students, those with disabilities, have behaviors that are manifestations of their disability and are not within their control, thus physical punishment is ineffective. Physical punishment would at best have no "positive" effect and at worst exacerbate the problem.

Further the ACLU/Human Rights Watch reported that last year students with disabilities disproportionately were subjected to corporal punishment. Clearly the population for which this type of discipline is harmful is the very population targeted.

There is some hope on the national front. Representative Carolyn McCarthy of New York is planning on introducing federal legislation to prohibit the use of corporal punishment entirely.

We as educators, parents and advocates must encourage the use of positive behavioral supports and prohibit the use of aversive discipline on our vulnerable special needs population.

Purpose of an Individualized Educational Program

Purpose of the IEP
I. Purposes of the IEP – The IEP is a collaborative effort between school personnel and parents to meet a student’s individual education needs including communication, management, accountability, compliance, monitoring and evaluation.
Communication – the IEP is a communication vehicle between the parents and the school personnel to provide a planned educational program for the student, to set goals, determine services to meet specific needs and to decide anticipated outcomes. It further can be a means of resolving differences and providing procedural safeguards.

Management – The IEP is a management tool. It sets forth the procedures required by the IDEA as to how a school will determine the the special education and related services necessary to provide an appropriate education as required under FAPE. The IEP is the contract that obligates the school district to provide and deliver the services decided upon.

Accountability – Once completed school districts are accountable for implementing the IEP that was developed. The school district is also required to revise and rewrite the IEP when necessary.

Compliance and Monitoring – The IEP can be used to assess school’s compliance with the FAPE mandate of the IDEA.

Evaluation – The IEP is evaluation tool. The annual goals contained in the document are measured by using the criteria specified in the document to determine a student’s progress.
The IEP must contain goals that are measurable and the school personnel must ensure that the goals will be measured. Further the IEP must describe how a student’s annual goals will be measured.

GENERAL PROCEDURE AND IMPLEMENTATION OF THE IEP

1. Referral – usually by the school, but can be initiated by the parents or others. Following a referral a (MDT) a multidisciplinary team evaluates the student. The team must contact the parents and obtain consent for evaluation. If parents consent to an evaluation must occur within 60 days of the consent if the MDT find the student eligible then the school must convene an IEP team within 30 calendar days.
2. The IDEA imposes no specific time limits with which the IEP must be implemented following its development, but the Office of Special Education Programs indicates that no delay is permissible
IEP Team

The IDEA delineates the person who is to compose the IEP tem and it is the school district’s responsibility to ensure that all the required participants attend the meeting. The required participants are found in the text “The Law and Special Education” (Yell, 282)

Content of IEP

The IDEA requires that at a minimum, eight components be present in the IEP. State and local agencies may require additional elements. (Yell, 288).

Substantive Requirements
Parental Participation – One of the most important mandates in the IDEA regarding an IEP is the requirement that the parents be equal partners in the IEP process. The school must take significant steps to ensure that one or both of the parents are present at the IEP meeting. The meeting may be conducted without the parents but only after exhaustive attempts have been made to contact them, which can be documented. (Yell 300-301).
Review and Revision - The IEP must be reviewed and if necessary revised at least annually. However, either the school or the parents can initiate a review earlier, if they determine the goals need revision. (Yell,302).

Communicating the Requirement of the IEP – The IDEA requires that the IEP be implemented as developed. The requirements apply to both general and special education requirements, thus when general education teachers are instructing students on an IEP, they must have access to the IEP document. (Yell, 303)

Litigation and the IEP - The Supreme Court has directed lower courts to apply a two prong test to determine if procedural and substantive compliance with FAPE was provided in the IEP. To determine substantive compliance with the FAPE mandate, the court must examine the following: 1) The IEP goals and objectives. 2) The evaluation procedures used to measure a student’s progress toward meeting those goals. 3) Actual student progress in a school’s special education program. Procedural flaws may but not necessarily invalidate and IEP. The Court would need to determine if the procedural error somehow compromised the student’s right to a FAPE. (Yell, 304).


This is legal information only, not legal advice!
The above listed information about special education law is for general information only. General legal information is not the same as legal advice -- which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, I strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not rely solely on the information provided above.

Continuum of Placement for Students with Special Needs

Continuum of Placement for Students with Special Needs

I. Inclusion remains a controversial concept in education because it relates to our educational and social values, including how we perceive those with disabilities. There are strong advocates on both sides of the issue and it is one that is yet to be resolved by local or state education authorities.
“The debate over the inclusion of students with disabilities not only concerns
Disagreements in following IDEA’S requirements of a FAPE, LRE, AND IEP, but also takes into account conflicting educational theories of attainment. Supporters and dissenters
to the full inclusion movement view the education of students with disabilities from
different perspectives and have opposing interpretations concerning the purpose
behind the educational system. “Gordon, S. “Making Sense of the Inclusion Debate
Under IDEA”, BYU Law Journal, 189-225.

Clearly, this is an issue that is far from settled. A simple review of case law from the various
Federal circuit courts indicates that the debate surrounding inclusion and the factors that
must be considered is far from established. The controversy over the best educational
placement for students with disabilities continues to be debated, and the best that advice
to districts and professionals considering placement issues is to consider that the IDEA
was not intended as a “one-size-fits-all” approach to educational placement. Gordon, pg 222.

II.
Definitions in order to discuss the concept of inclusion it is necessary to first have a common basis of reference.

1) Mainstreaming – Selective placement of special education student in one or more “regular education classes”. Generally a student must “earn” the opportunity to be placed in the general education classroom and must “keep up” with the assigned work.
2) Inclusion – is a term that attempts to educate the student to the maximum extent appropriate in the school classroom that he/she would otherwise attend. It involves bringing support services to the student, rather than separating the student to a specialized classroom.
3) Full Inclusion – All students will be in the regular classroom program full time regardless of the disability and all services will be provided in the regular education classroom Research Bulletin 11, 1993 Phi Delta Kappa’s Center for Evaluation, Development and Research.

III. Does Federal Law Require Inclusion? Two federal laws govern education of children with disabilities the IDEA 1997, 2004 and the Rehabilitation Act of (1973).
1) The IDEA as amended in 2004 does not require inclusion. Instead, the law requires that children with disabilities be educated in the “least restrictive environment appropriate” to meet their “unique needs”. Indeed, the IDEA does presume that the least restrictive analysis will begin with the placement in the regular classroom.
a) IDEA requires school districts to “have a continuum of placements”
2) Rehabilitation Act of 1973 – Section 504 requires that a recipient of federal funds provide for education of each qualified handicapped person with persons who are not handicapped to the maximum extent appropriate to the needs of the handicapped person

IV. Court Guidelines for Placement The IDEA and the Rehabilitation Act leave many questions unanswered that the local school districts must determine themselves. Through litigation some guidance has been given by the following case law.
1) Greer vs. Rome City School District (11th Circuit, 1992) – finding, “Before the school district may conclude that a handicapped child should be educated outside of the regular classroom it must consider whether supplemental aids and services would permit satisfactory education in the regular classroom.” The Court made an additional finding that the school district cannot refuse to serve a child because of added cost. However no clear directions or determination was made about what costs are reasonable and what is excessive.
2) Sacramento City Unified School District vs. Holland (9th Circuit, 1994) - in this case the Court established a four part balancing test to determine whether a school district is complying with the IDEA. The four factors are as follows:
a) The educational benefits of placing the child in a full time regular education program
b) The non-academic benefits of such a placement
c) The effect the child would have on the teacher and other students in the regular classroom.
d) The costs associated with this placement.
3) Oberti vs. Board of Education of the Borough of Clementon School District (3rd Circuit Court, 1993) in determining appropriate placement the court ruled that three factors must be considered.
a) The court should consider whether the district made reasonable efforts to accommodate the child in regular education. The school must “consider the whole range of supplemental aids and services…”
b) The Court should compare the educational benefits the child would receive in regular education with supplemental aids and serves compared to the educational benefits in a special education classroom.
c) The Court should consider the effect the inclusion of the child with disabilities might have on the education of other children in the regular education classroom.
• Interestingly here the Court is imposing its view of educational benefits
V. Studies on Placement demonstrating benefit of inclusion:
a) Kavale, K.A., Glass, G.V. “The Efficacy of Special Education Interventions and Practices.” A Compendium of Meta-Analysis Findings.” Focus on Exceptional Children (1982) 1-14
b) Wang, M.C. Reynolds, M.C., Walberg H.J. “Serving Students Needs at the Margins” Educational Leadership (1988) 12-17
c) Carlberg, C., Kavale, K., The Efficacy of Special versus Regular Class Placement for Exceptional Children” A Meta Analysis” The Journal of Special Education (1980) 295-305.
d) The Council on Exceptional Children, Position Paper (1993).


This is legal information only, not legal advice!
The above listed information about special education law is for general information only. General legal information is not the same as legal advice -- which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, I strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not rely solely on the information provided above.

Purpose and Provision of Section 504 of the Rehabilitation Act of 1973

Purpose of Section 504 – Section 504 is a brief section of the Rehabilitation Act of 1973.

“No otherwise qualified individual with a disability in the United States…
Shall, solely by reason of his or her disability, be excluded from the participation
In, be denied the benefits of, or be subjected to discrimination under any program
Or any activity receiving Federal financial assistance.”

Because school districts receive federal funds, Section 504 protects students with
Disabilities from discrimination in public schools.

Students with disabilities who attend public schools whether or not they are
Protected by the IDEA are protected under Section 504.

Preschool, Elementary, Secondary, Postsecondary and Afterschool programs
Are all included.

Who is protected?

Any person who, 1) has a physical or mental impairment which substantially
Limits one or more of such person’s major life activities, 2) has a record of such
Impairment or, 3) is regarded as having such impairment.

Physical Impairments defined as: A) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems, neurological, musculoskeletal, special sense organs, respiratory, including speech organ, cardiovascular, reproductive, digestive, genitor-urinary, and hemic and lumphatic, skin and endocrine.

Mental Impairment defined as: B) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

Substantial Limitation of a Major Life Activity which through case law and 504 regulations has come to be defined as:

Substantial limitation – means that an individual ibis unable to perform a major life activity that the average person in the general population can perform or is significantly restricted in the manner or duration in which he or she can perform the major life activity when compared to the manner or duration under which the average person can perform the activity. (Yell, Principles of Special Education, pg. 122) This determination must be assessed for each student on an individual basis.

Major Life Activity – means “functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, breathing, learning, and working.


Section 504 Coverage and Reasonable Accommodations - all students with disabilities are protected from discrimination in elementary, secondary and post secondary schools. Students must have the equal opportunity to benefit from a school’s academic or nonacademic programs or services as their non-disabled peers. This includes physical accessibility and reasonable accommodations.

Physical Accessibility - school academic and non-academic programs, structures and activities must be physically accessible to student with disabilities. This applies to all facilities within a school: classrooms, playgrounds, gyms, water fountains. Swimming pools, parking lots and restrooms.

Reasonable Accommodations - Section 504 only defines reasonable accommodations as it relates to employment. Therefore case law has primarily defined what reasonable accommodations are in the educational context. The case law has set forth that programs do not need to make substantial modification, only reasonable ones. (Alexander v. Choate (1985)

Relevant factors to consider to determine if modifications are reasonable include: 1) undue hardship on the program; 2) size, type and budget of the program; 3) the nature and cost of the accommodation.

What are Testing Accommodations? Testing accommodations are modifications or changes made in testing to prevent a child’s disability from interfering with their ability to demonstrate their true skill level.

Where and when are Accommodations used? Accommodations can be used in the classroom to modify (teaching strategies, learning environment, behavior management) and in statewide testing (high stakes testing)

What are reasonable Accommodations? - The following have been sustained by the courts or provided for in local school districts.

1) Academic adjustments - a) length of time to complete a degree; substitution of courses, modifying methods of instruction; modifying materials; altering environmental conditions; modifying examinations ( giving tests orally, allowing student to dictate answers, shortening length of exam, allowing more time to take the test, altering test format, enlarging text, reducing reading level of the test.

2) Reasonable Classroom accommodations

a) Classrooms modifications –
Student (e.g. preferential seating)
Alter physical setup of classroom
Reduce distractions (e.g. study carrel)
Provide increased lighting
Schedule classes in accessible areas.

b) Academic Adjustments/Instruction.
Allow more time to complete assignments
Adjust length of assignments.
Modify pace of instruction.
Use peer tutors.
Provide outline of lectures.
Use visual aids.
Use advance organizers.
Use mnemonic devices
Highlight texts and worksheets.
Tape lectures.
Adjust reading levels of materials.
Use specialized curricular materials.
Provide study guides.
Give tests orally or on tape.
Allow more time to complete tests.
Allow students to dictate answers.
Alter the test format.
Use enlarged type.
Reduce the reading level of the test.

c) Environment
Place student in front w/ back to rest of students
Cardboard cubicle
Use ear plugs or headphones.
Use line markers, or penlights to read
Reduce distracting stimuli (e.g. air conditioner, traffic, doors or windows).

d) Tests:
Provide a structured study guide that matches the test
Allow ample space for student response
Provide Written and Oral reminders of upcoming tests.
Provide short breaks during lengthy tests.
Allow students to use notes with the test.

e) Managing Behaviors
Use physical signals (e.g. tap on desk, hand on shoulder)
Allow for movement
Model appropriate behavior
Positive reinforcement when engaged in appropriate
Behavior
Teach and Practice Body Relaxation
Teach student to ask for breaks

f) Auxiliary Aids and Devices
Provide interpreters.
Provide readers.
Use audiovisual aids.
Tape tests.
Provide assistive technology devices and services, such as Laptops.

Are there limitations on Testing Accommodations? The Supreme Court has ruled that programs or schools do not need to make substantial only reasonable ones. Determining what is reasonable is difficult and subjective, however accommodations are generally considered reasonable if they do not impose excessive financial and administrative burdens or require a fundamental alteration in the program.

Testing Accommodations do not require schools to accommodate students to such a degree that they have advantages over other students. During high stakes testing there are strict guidelines for using accommodations so that they balance the needs of the student with the state’s need to determine accountability for improvement.



This is legal information only, not legal advice!
The above listed information about special education law is for general information only. General legal information is not the same as legal advice -- which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, I strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not rely solely on the information provided above.

Bullying in Schools

Bullying in Our Schools

Oregon passed HR 2599 into law 2009: ORS sec. 339.351 to sec. 339.364. Section 339.364(1) states
In part “each district shall adopt a policy prohibiting harassment, intimidation or bullying…” Will this law help? How will this legislation and others similar to it throughout many other states help protect our children, especially the most vulnerable of our student body, those with Special Needs. Although these recent amendments do not create a statutory cause of action, it does not prevent a student from seeking redress under other civil or criminal statutes.

It has been reported that 40% of 8th graders and 30% of high school juniors admit to being harassed at school or on their way to and from school. Hammond, Betsy, “Oregon to beef up anti-bully laws”, 4, March, 2009. Furthermore the National Association of State Directors of Special Education (NASDSE) report that children with special needs may be at particular risk of being bullied by their peers.

To add to these dismal statistics, a survey of elementary and middle school students in Massachusetts revealed that more than 30% of the students believed that adults did little or nothing to help in bullying incidents. (Mullin-Rindeler, 2003).

Clearly there is a duty on educators and all school personnel to keep our children safe. School personnel act in loco parentis, while children are within their care and control. This Latin phrase basically means that while a student is in the custody of a school, the school can and often should act as a parent. This places an affirmative obligation on them to ensure that the school is safe and that their charges are free from the denigrating bullying that appears on the rise.

Rob Horner of the University of Oregon, believe that anti-bullying laws alone will have little impact on bullying. He believes that we need to teach children what we want and expect of them rather than wait until they make a mistake and then punish them. Hammond, Betsey, “Oregon to beef up anti-bullying laws” 4, MRCH, 2009. He proposed the use of Positive Behavioral Supports (PBS) which is currently used in 40% of Oregon Schools.

All parents need to be alert to the signs that their child is being bullied, and take action. Parents must notify the school, preferably in writing, (Gebser letter) and record and document any and all incidents. For parents with children with Special Needs, they additionally should meet with the Special Education team, review the child’s IEP or 504 Plan and include any accommodations necessary to stop the harassment. Further it is important for parents and districts to bear in mind that those individuals who are covered by the IDEAIA and Section 504 of the Rehabilitation Act, the acts of bullying or harassment may rise to a violation of the civil rights of the individual


This is legal information only, not legal advice!
The above listed information about special education law is for general information only. General legal information is not the same as legal advice -- which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, I strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not rely solely on the information provided above.

Recreational experiences for Individual with Disabilities

It is important for all of us as parents, educators and advocates for those with disabilities to remember to provide recreational experiences. These experiences not only provide a pleasurable pastime, but also offer experiences that enable individuals with exceptionalities to challenge themselves and accomplish goals. McCarthy Teszler School in Spartanburg, South Carolina, helped students at the School for the Deaf and blind climb a rock wall. Anna Brown a recreation therapist at McCarthy Teszler said the experience “helps students with their confidence”. (GreenvilleOnline.com, Nathaniel Cary) Here in Oregon we have a wonderful facility on Mt. Hood (Kiwanis Camp) that affords children and adults with disabilities the outdoor camping experience. The Camp provides a variety of recreational activities including canoeing, horseback riding, fishing and swimming. These experiences foster self-confidence for the Campers and provide lasting memories and friendships.

This is legal information only, not legal advice!
The above listed information about special education law is for general information only. General legal information is not the same as legal advice -- which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, I strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not rely solely on the information provided above.

Research on Autism at University of Washington

As parents know who have children diagnosed with Autism Spectrum Disorder (ASD) is a neurodevelopmental disorder that is characterized by impairments in the areas of social reciprocity, communication and repetitive behaviors. Parents are naturally concerned about the future of their children and how they will integrate into the greater society. There is hope. Research being conducted at the University of Washington’s Autism Center indicates that intensive early intervention can make a critical difference for many children. This new intensive program has led to impressive gains in the I.Q. of very young children. This therapy was developed by Sally Rogers of University of California, Davis. Parents have reason for hope. Great strides are being made to improve the quality of life for children with ASD and their families. Families should always be cognizant that individualized and multidimensional treatment is still the standard that provides the most significant improvement in symptoms.

This is legal information only, not legal advice!
The above listed information about special education law is for general information only. General legal information is not the same as legal advice -- which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, I strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not rely solely on the information provided above.

CDC Research on Autism

The Center for Disease Control and Prevention provides valuable information to parents of children with Autism. In, 2000, the CDC organized the Autism and Developmental Disabilities Monitoring Network, (ADDM). As outlined on their website the ADDM network provides information on the prevalence, characteristics and public health impact of ASD in the U.S. (www.cdc.gov) The report provides summaries of prevalence overall, as well as by race, ethnicity, sex, level of cognitive functioning and other associated characteristics. Data from the ADDM studies indicates a “significant average increase in identified ASD prevalence in 2006 as compared with 2002…” The CDC indicates that it is unknown whether these statistics reflect a true increase in ASD or simply a greater awareness and identification of the condition. Regardless of the exact reason for the increased reporting of children with ASD, it is essential that a coordinated effort combining public and private enterprises be conducted to address the needs of individuals with ASD. (www.cdc.gov. “Prevalence of Autism Spectrum Disorders---Autism and Developmental Disabilities Monitoring Network, United States, 2006) Surveillance Summaries, December 18, 2009.

This is legal information only, not legal advice!
The above listed information about special education law is for general information only. General legal information is not the same as legal advice -- which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, I strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not rely solely on the information provided above.

Education Laws for Advocates

Parents and Advocates

It is important for parents and advocates of individuals with disabilities to be familiar with the laws that pertain to their children's education and ultimate employment. The following statutes form the basis for many of the services and supports available for children and adults with disabilities. This is not an exclusive listing of the laws that may pertain to individuals with disabilities , but will provide parents and advocates pertinent information about the right of their children in the educational and employment settings.

Statutes & Regulations

IDEA 2004 - The Individuals with Disabilities Education Improvement Act, 20 U.S.C. sec.1400; and regulations 34 C.F.R. sec.300. The IDEA was initially called the Education for All Handicapped Children Act of 1975. This is the federal law guiding special education. It entitles a child to an iIEP which provides them with FAPE and prepares them for employment and independent living. This law applies when a child has a disability and as a result of that disability requires special education services.

Section 504 Rehabilitation Act 1973 - 29 U.S.C. SEC. 794; and regulations 34 C.F.R. sec 104. The key portion of Section 504 of the Rehabilitation Act states: No otherwise qualified individual with a disability in the U.S. shall solely by reason of his or her disability, be excluded from participation in, denied benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by an Executive agency or by the USPS.....

ADA - The Americans with Disabilities Act of 1990; 42 U.S.C. sec. 12132; regulations at 28 C.F.R. part 35. The ADA prohibits discrimination on the basis of disability in employment, State and Local government, public accommodations, commercial facilities, transportation and telecommunications. To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such impairment, or a person who is perceived by others as having such.

NCLB - No Child Left Behind Act of 2001; 20 U.S.C. SEC. 6301; regulations at 34 C.F.R., Part 200, NCLB was previously known as the Elementary and Secondary Education Act of 1965. This federal law protects all children, those with and without disabilities. It requires schools to meet the educational needs of all children and to publicly report the school's progress each year. NCLB, among other things requires teacher to be "highly qualified", researched based instruction, and increased rights and choice for parents.

FERPA - The Family Educational Rights and Privacy Act; 20 U.S.C. sec. 1232g; regulations at 34 C.F.R. sec, 99. This federal law deals with educational records, privacy, confidentiality, and parent access to educational records, parent amendment of records, and destruction of records. FERPA applies to all agencies and institutions that receive federal funds, including primary and secondary schools, including colleges and universities.

MCKINNEY-VENTO HOMELESS ASSISTANCE ACT - 42- U.S.C. SEC. 11431 et seq. This act includes this policy statement: "Each state shall ensure that each child of a homeless individual and each homeless youth has equal access to the same free, appropriate public education, including a public preschool education as provided to other children, and youths...to ensure that homeless children and youths are afforded the same free, appropriate public education as provided to other children and youths.

THIS POSTING IS LEGAL INFORMATION ONLY, NOT LEGAL ADVICE

The above listed information about special education law is for grneral information only. General legal information is not the same a legal advice -which requires the application of law to an individual's specific circumstances. Although I believe the information to be accurate and useful, i strongly recommend that you consult a lawyer if you want professional advice regarding your specific legal situation and do not rely solely on the information provided above.