Procedural Safeguards

The third principle is predicate upon the understanding that, as stated through the Fourteenth Amendment, students cannot be denied their property rights to an education without due process of the law. Therefore due process procedural safeguards have been established to ensure the proper implementation of Special Education Law. Yell (2016) outlines four components of procedural safeguards including, general safeguards, independent evaluations, surrogate parents and dispute resolutions (p.

This law has some of the definitions revised, changes several key components, and recompiled IDEA into four parts. IDEA's four parts that it is organized into consists of Part A, General provisions; Part B, Assistance for the education of all children with disabilities; Part C, infants and toddlers with disabilities; and Part D, National activities to improve the education of children with disabilities. Students with disabilities may be placed into an alternative educational setting for up to 45 days if they bring a weapon to school, possess or use illegal drugs, or pose a serious threat of injury to other pupils or themselves. Students with disabilities will receive appropriate accommodations when necessary for in state and district wide testing programs. IEPs are now required to include exactly how the student with disabilities will be involved with the general education curriculum. There are also provisions that state that transition planning will begin at the age of 14 instead of 16, annual goals will be emphasized, any assistive technology needs of the learner need to be examined and considered, and regular educators will be a part of the IEP team. The category of developmental delay may now

I agree that this policy was not written in a language that could be easily understood by the general public. I found this policy to be similar in wording to the procedural safeguards given to parents of students with disabilities at their yearly IEP meetings. The procedural safeguards is a document explain a parent’s legal rights in regards to their child’s specialized education. We do explain those safeguards to the parents to ensure they fully know their rights. I wonder if there is someone available to explain the policy and complaint process to the parent when they speak to an administrator about their concerns. However, it is good that it explicitly outlines the process to file a concern.

Financial abuse – Like emotional abuse, this may not leave physical signs of abuse caused by the abuser, but should the victim withhold money or property that the abuser may want, then there may be bruises or scratches from being hit or punched. The victim may turn to self-harm as a way of dealing with stress.

For students with documented special needs, the school makes additional accommodation. The Individuals with Disabilities Education Act (IDEA) is "designed to protect the rights of students with disabilities by ensuring that everyone receives a free appropriate public education (FAPE), regardless of ability" (IDEA, 2012, Kid's Health). IDEA mandates that students are educated in the least restrictive environment possible. It also recognizes that every child is different, and giving each child the same education does not mean that every child will receive the same quality of education.

Until that time, many states had laws that excluded children with certain types of disabilities from attending public school. These included children who were blind, deaf and children labeled "emotionally disturbed" or "mentally retarded." Many of these children lived at state institutions where they received limited or no educational services. Having a disability does not automatically qualify a student for special education services under the IDEA. The disability must result in the student needing additional or different services to participate in school. For example, a child who is diagnosed autistic. Children with disabilities who qualify for special education are also automatically protected by Section 504 of the Rehabilitation Act of 1973 and under the Americans with Disabilities Act (ADA).

The Individuals with Disabilities Education Act (IDEA) has established procedures for the placement of students with disabilities within a school setting. Members of the child study

Schools must provide prior written notice before initiating or changing the educational plan of a student with a disability. Parental consent is required before an initial evaluation or before making changes to an IEP. Parents have the right to access

be physically abused. There are signs or indicators to show physical abuse and there are ways in which victims and abusers act or

Artifact number four will review a scenario in which a seasoned high school principal refuses a disabled student education due to extraordinary expense and a view that the school might not be the best placement for Jonathan. The topics discussed all pertain to Individuals with Disabilities Education Act (IDEA), Free Appropriate Public Education (FAPE), Least Restrictive Environment (LRE), Cedar Rapids v Garret, Board of Education v Holland, and Timothy v Rochester. The facts that will be reviewed in this information will be discussed which could be used to defend Young’s decision, but make sure that Jonathan’s rights are not being stepped on.

Public Law 94-142: The Education for All Handicapped Children Act of 1975, now called Individuals with Disabilities Education Act (IDEA), requires states to provide free, appropriate public education (FAPE) for every child regardless of disability. This federal law was the first to clearly define the rights of disabled children to receive special education services if their disability affects their educational performance. A parent of a special education student also has basic rights under IDEA including the right to have their child evaluated by the school district and to be included when the school district meets about the child or makes decisions about his or her education. If a child is identified as in need of special education

The Individuals with Disabilities Education Act (IDEA) requires parental involvement in the education of children with disabilities (Smith, Hilton,

While all children can be referred for evaluation for special education, not all are found to be eligible. The student will be tested in all areas related to the child’s assumed disability by the multidisciplinary educational team. In order to be eligible for special education services, the child’s assume disability has to impact the child’s ability to learn. Parents represent the child’s interests. They need to stay informed and involved in their child’s education. IDEA of 2004 strengthened the role, as well as the responsibility, of parents and ensures that they and their families have opportunities to participate in their child’s education. IDEA also protects the rights of parents by ensuring that they can be members of the IEP teams. Parents can be involved in the evaluations and placements of their children and have a say in what happens.

Parents and supporters of students with disabilities were able to use this case to improve educational opportunities for their children, and “established the right of all children to an equal opportunity for an education” (Heward., 2009, p. 26). Individuals With Disabilities Education ActIn 1975, the Education for All Handicapped Children Act (EAHCA), which is also known as Public Law 94-142, was passed by Congress and has been reauthorized and amended by Congress five times since it passed. In 1900, congress changed the name from Education of All Handicapped Children Act, and enacted The Individuals with Disabilities Education Act instead. This law was later reauthorized in 1997 and named Public Law 105-17, the Individuals with Disabilities Education Act Amendments (IDEA), was passed into a federal special education law, with final federal regulations being published in March 1999, and retained all of the earlier versions of Public Law 94-142. In 2004 this act was again reauthorized and became The Individuals with Disabilities Education Improvement Act (IDEIA), also known as IDEA 2004.The Individuals with Disabilities Education Act, requires that public schools serve all students and “ensures that children with learning disabilities have the ability to receive a free appropriate public education that

IDEA 2004 states that parents must be included in the evaluation and IEP processes. In addition, they must be notified and provide approval for any assessments and/or evaluations involving their child. In fact, the school must have “informed consent” before any testing or evaluations can take place. This “informed consent” means the parents understand the processes and procedures used by the school to ascertain the best way to assist their child. Additionally, this permission must be provided verbally or in writing in the language the parent or guardian understands. Even with “informed consent”, a parent may still refuse a special education placement if this is the decision of the IEP team. Furthermore, parents must provide their authorization before any information regarding their child is released to third parties such as doctors, outside counselors or psychologists who may be working with their student.