Special Education Laew and Litigation Essay

the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., and the

For the state of Indiana as an administrator I need to familiarize myself with the Special Education Rules Title 511 Article 7 Rules 32-49 (Indiana Dept. of Ed, 2014). Article 7 was brought to my attention by my special education coordinator at Laurel School Mrs. Christy Sheehan. This article will help me access the guidelines of Least Restrictive Environment (LRE) and the Individual Education Programs (IEP) along with the instruction from Mrs. Sheehan. This article will help me indicate what key areas I need to know as a future administrator. As I become an administrator I know I will have to familiarize myself with the entire 134 page article, but for now I will focus in on five areas. This article and area of study is new to me being a physical education teacher that isn’t familiar with all the laws of special education. It can be overwhelming looking into this document, but as an administrator I need to familiarize myself with all aspects of education.

1.1 – Outline the legal requirements of disabled children and young people and those with special educational needs.

In 2004 the case of Deal v. Hamilton County Board of Education was coming to a close after reaching the United States Court of Appeals for the Sixth Circuit in Ohio. Within this essay, detailed examination of this case, along with issues that developed the case, disagreement points, parties involved, and final outcome will be explored. This case was initiated in 1999 and reached the U.S. Court of Appeals for the Sixth Circuit in 2004. The Individuals with Disabilities Act has given parents and caregivers to student’s unparalleled

In 1991 the Public Law 94-142, the Education for All Handicapped Children Act was replaced by the Individuals with Disabilities Education Act. This law was passed to provide free and appropriate public education to every child with a disability. It requires that each child with a disability “have access to the program best suited to that child’s special needs which is as close as possible to a normal child’s educational program” (Martin, 1978). The Individualized education program (IEP) was developed to help provide a written record of students’ needs and procedures for each child that receives special education services. The IEP will list all the services to be provided, the student's performance level, academic performance, and

Public Law 94-142, the Education for All Handicapped Children Act of 1975, This law was an important one of the major pieces of legislation ever. It motivated states to provide education for any child with special needs and with high quality.. The necessities of the original law incorporated that:1- public agencies must certify that all children with special needs and related services assessed; 2- the child must receive multiple assessment for all education aspects; 3-(IEP) must be written for each child in special education, and children must learn with their nondisabled peers as much as can. In 1991, Congress reauthorized funds for special education programs such as (IDEA). Additionally to the mentioned requirements, I found

federal legislation protects the rights of students with disabilities?”). These numerous acts have all helped provide protection in both the workplace and in the community.

In the field, an educational system is only as good as the leader, and being a leader does not exempt anyone from not understanding regulations. The persons in the case study needs to be enlightened on the IDEIA and the services rendered. In this case, the principal and assistant principal should be involved because expression of not understanding services has been made apparent. Additionally, it would benefit special education teachers for collaborating in the process. These professionals have an eye view of the IDEIA and are required to attend the IEP, which is formulated through the IDEIA. Furthermore, these professionals can explain and establish the supports needed in the placement process, which can further collaboration in the education system. As well as, the local district may need to be utilized in the process. Considering the IDEIA requires for the teachers to be highly qualified in the profession, it is fitting for the administration to abide in these requirement, as well. These leaders can evaluate the school district and determine whether leaders are proficient enough in understanding the IDEIA and other acts required through legislation. Additionally, an advocate for Special Education services could be valuable to the process. The special education advocate is responsible for understanding the laws and regulations to help ensure parents and students have established and maintaining services. This could help the process by allowing for administrators to understand the importance of services rendered and collaborate of how these services can be better delivered. Additionally, providing of extra resources may be proved through these

Includes a final comment that does not introduce any new ideas. 4. Cohesive text that aids with the logical flow of the arguments presented. 5. A reference list which includes only the resources that are used the in body of the text (i.e. in-text citations) Presentation and format Students are required to download and fill in the assessment template by: 1. Filling in all required details on the coversheet 2. Typing responses into the blank fields as indicated 3. Removing any blank spaces/lines and 4. Inserting the required information in the footer. All the margins, fonts and spacing are already set so there is no need to make any further adjustments.

Special education in a public school setting must have efficient collaboration amongst the entire team who are involved with the child. The collaboration can consist of the parents, regular education teacher, special education teacher, principle, counselor, Diagnostician, bus driver, Physical Therapist, Occupational Therapist, Speech Therapist, Audiologist, nurse, physical education teacher, vision teacher, assistive technology specialist, and cafeteria workers. Effective collaboration amongst the team members is important so everyone is on the same page for effective and consistent programing. Serving special needs students in the schools has been identified as a strong need for many years. In the book, “Providing Physical Therapy Services”, Irene R. McEwen PT speaks about the history of the laws regarding special education. In November 1975, the United States congress passed public law 94-142. This law was the climax of many laws and court cases from the 1960s to the early 1970s. The law helped define the rights of children and adults with disabilities. Part B of the Education for All Handicap Children Act (EHA) guaranteed the right for all children to a free and appropriate education. There have been provisions to help clarify the law which includes; (1) the concept of “zero reject”; (2) the concept of lease restrictive environment; (3) development of individualized education programs; (4) provisions of related services; (5) and the right of parents to request a due

Individual Educational Plans (IEPS) are a way in which teachers and the school system can address special services that provide programs for children with delayed skills or disabilities. A child that has difficulty learning and functioning and may be identified as a special needs student is the type of candidate for an IEP. However, in order for there to be a fairer way to administer and develop programs so that children may take advantage of them, there is a process and set of procedures necessary prior to implementing the IEP that is important so that fairness and equality are assured. In fact, one of the Special Education Standards, III, notes "The special education teacher knows how to communicate and collaborate effectively in a variety of professional settings." (See Ahearn, 2006).

It is of utmost importance for the educational leaders and policymakers to be knowledgeable of the law that governs the operation and conduct of their organizations. Educators work with public money to educate children and are held responsible for doing it appropriately and in accordance with the law. Special education administrators especially need to be well versed in state, federal and case law governing special education because they are not only responsible for protecting students’ right to free and appropriate public education but also to maintain a balance with their school district’s resources. They need to have a good handle on what services (expense) are absolutely necessary to meet students’ needs while protecting their right to education in least restrictive environment. They also have the responsibility to share knowledge with general education administrators about identification and placement processes for special education and then work with them to develop most effective service delivery model. Since special education services cater to a vulnerable section of our society, there is a moral obligation in addition to the legal obligation to protect the rights of students with disabilities.

Special Education is an instructional program in schools that is developed to meet the unique needs of each individual student with disabilities. Special education modifies, accommodates, and offers teaching strategies, services, settings, and least but not limited to, materials. Some special education services include physical therapy, occupational therapy, speech therapy, interpretation services, psychological services, and so forth. The Individuals with Disabilities Education Act protects all children’s rights to a free and appropriate public education (IDEA, 1997). IDEA requires schools to provide the necessary instructional needs of all eligible students with disabilities.

With the rise of educational laws, guidelines, and polices within the field of special education, leaders are faced with the task of providing appropriate education for all learners within their building. Principals have evolved from disciplinarians and managers to instructional leaders, which includes more complex and demanding responsibilities (Lynch, 2012). Additionally, the passage of No Child Left Behind (NCLB) and the Individuals with Disabilities Education Act (IDEA) have further highlighted the need for principals to step up as instructional leaders for special education as well as the general curriculum (Lynch, 2012). Accountability measures have solidified the importance of the principal within this role.

Laws and policies related to special needs students are set in place to assist in providing an appropriate education in the most least restrictive environment possible for special needs students.