Test 1 Flashcards
(91 cards)
dealt with the exclusion of children with intellectual disabilities (“mental retardation” then) – who did not attained the mental age of 5 at the time of enrollment – from public schools.
PARC v. Commonwealth of Pennsylvania (1972)
because the court held that schools may not segregate by race, schools may also not segregate or discriminate by ability and disability.
Brown v. Board of Education (1954)
What were the results of PARC?
- Full access to free public education
- Appropriate education (that meets his learning needs)
- Procedural due process for parents
involved the practice of suspending, expelling and excluding children with disabilities from these public schools. The school district’s primary defense was the high cost of educating children with disabilities and lack of funding/resources.
Mills v. Washington DC Board of Education (1972)
What were the results of Mills v. Washington DC Board of Education (1972)?
- Equal right to public education
* Due process rights for parents
intended to open up the schools to all students with disabilities and make sure that those students had the chance to benefit from education
6 principles: a. Zero reject, b. Nondiscriminatory evaluation, c. Appropriate education, d. LRE, e. Due process, f. Parent and student participation
Individuals With Disabilities Education Act- IDEA (1975)
equal to ESEA- elementary and secondary education act. This is the proper name for the federal law
Authorizes services for all children, including those with disabilities.
Seeks to improve educational outcomes for all students- those with and without disabilities
6 principles that seek improved outcomes for students with disabilities
No child left behind 2001
What does FAPE stand for?
Free Appropriate Public Education
prohibits schools from excluding any student with a disability from FAPE
Zero-Reject
school may discipline a student with a disability in the same was as someone without a disability for the same offense
Equal treatment
no matter what the student does to violates school code, the school may not expel or suspend the student for more than 10 school days in a school year.
No cessation
school may take into account any unique circumstances related to the student and the students behavior in violating a school code when the school is deciding whether to change the students placement in order to discipline the student.
Unique circumstances
the school may suspend the student for not more than 10 school days in a school year. It has no duty to offer any services to the suspended student during those 10 days.
Short term removals
was this behavior due to the students disability or not?
Manifestation determinations
if the behavior was not due to the disability, it may discipline the student in the same way that it would anyone else, but it may not terminate the students education. It may however, place the student in an interim alternative educational setting.
Response to no manifestation
when the behavior is due to the disability, the school must take immediate steps to fix this in the students IEP.
Response to manifestation
- when a student is placed in one of these settings, the school must still offer an education that assures that the student will make progress according to the IEP
services in interim alternative educational settings
- the school may place the student in an interim alternative education setting, without first making any manifestation determination for up to 45 days
Weapons, drugs, and injury
What are the 2 purposes of nondiscriminatory evaluation?
(1) to determine whether a student has a disability
(2) to identify special education and the related services the student will receive
ensures that each students education will be appropriate and beneficial
The key to this is individualization using the IEP and IFSP
Appropriate education
education alongside students who so not have disabilities.
-The inclusion principle
Least restrictive environment
What 2 things does LRE require?
(1) a school must educate a student with a disability with students who do not have disabilities (2) a school may not remove the student from the regular education environment unless the student cannot be educated there successfully due to the severity of their disability.
seeks to make schools and parents accountable to each other for carrying out the students IDEA rights
Procedural due process
When parents and educators disagree procedural due process provides them with three ways to resolve these issues.
(1) meet in a resolution session, (2) mediation, (3) mini-trial