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EDUCATING STUDENTS WHO HAVE A DISABILITY

Case law Legislative history Civil Rights Law EHA/IDEA/IDEIA 504/IDEIA Accountability Resources. EDUCATING STUDENTS WHO HAVE A DISABILITY. Person-first language… ‘Disabled,’ not ‘handicapped…’.

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EDUCATING STUDENTS WHO HAVE A DISABILITY

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  1. Case law • Legislative history • Civil Rights Law • EHA/IDEA/IDEIA • 504/IDEIA • Accountability • Resources EDUCATING STUDENTS WHO HAVE A DISABILITY • Person-first language… • ‘Disabled,’ not ‘handicapped…’ These Documents may be reproduced, if reproduced in their entirety with acknowledgment to the MDE.

  2. Case Law Not all students, throughout our country’s history, have had the same access to an education. Concern about this lack of ‘equal access’ was formally recognized through the Supreme Court decision of Brown v Board of Education, handed down in 1954.

  3. Case Law Brown v. Board of Education rejected the idea of ‘separate but equal’ as it applied to educating Students of color. This led to the question: what about Students who have a disability? Is a separate education equal for them? • PARC v Commonwealth of PA (’71) • Mills v Board of Ed (’72)

  4. Case Law • Goss v Lopez (’75) • Property can equal education… • 5th Amendment • 14th Amendment ‘due process’

  5. Legislative History In 1965 the Elementary and Secondary Education Act (ESEA) was passed. It was, arguably, the first national education law. Part B of this act became the structure which gave birth to the Education of the Handicapped Act of 1975 (EHA). NCLB IDEA

  6. age • religion • DISABILITY • gender • race • color • creed • marital status • sexual orientation • national origin Equal Access Legislative History Civil rights laws protect those who have not had equal access to some of our rights. Our legislators have identified ‘protected classes’ and particular ways of trying to equalize life for those classes. Our protected classes are: • status with regard to public assistance

  7. Equal Access Legislative History Section 504 of the Rehabilitation Act of 1973 is a civil rights law protecting students who have a disability. The Americans with Disability Act - ADA - was passed in 1990. In most instances compliance with IDEA and 504 meet the district’s obligations under the ADA.

  8. Equal Access Legislative History The purpose of a civil rights law is to assure that students who are members of a protected class have the same - or equal - access to education as other students. Failure to comply with any civil rights law is to deny someone his/her civil liberties under the Constitution. This is very serious. Don’t do it! • Educational issue • Social justice issue • Legal issue • Economic issue

  9. Due Process The process/procedures/minutia/stuff required by IDEA & 504 is the due process used to take the school board-designed education from a student. Without this due process the education is ‘stolen’ from the student. Since education is property, it violates the U.S. constitution to take it away without due process. Not a good plan. Don’t do it. (…and expulsion)

  10. IDEA • November 1975! • The EHA (currently IDEA 2004) was quite a revolutionary law. It had several new and unusual requirements and was definitively a law with a vision…

  11. What an idea! Where did this come from???We must be brilliant!!! IDEA • Process, not product • Individualized • Dynamic, not static • Team decision-making • FAPE • Parental involvement

  12. REGULAR EDUCATION 504 ELIGIBLE IDEA & 504 ELIGIBLE 504 & IDEA If a district is properly implementing IDEA in regard to a specific student, then the district is also properly implementing 504 for that student. The IEP is the 504 plan…

  13. 504 & IDEA IDEA & 504: Similarities Differences • Child find • FAPE • Evaluation • LRE • Consent • Money • Eligibility • Due process • Conflict resolution

  14. 504 & IDEA USDOE OSERS OCR OSEP OCR: regions State DOEs DISTRICT

  15. Accountability • General education teachers are accountable for accommodations. • General education teachers can be held accountable for damages due to discrimination. Doe v. Withers

  16. Accountability The district shall assign…as the pupil's IEP manager to coordinate the instruction and related services for the pupil. The IEP manager's responsibility shall be to coordinate the delivery of special education services in the pupil's IEP and to serve as the primary contact for the parent. A district may assign…: assuring compliance with procedural requirements; communicating and coordinating among home, school, and other agencies; coordinating regular and special education programs; facilitating placement; and scheduling team meetings. (emphasis added)Minnesota Rule 3525.0550

  17. Resources IDEA Your Director of Special Education Your District’s monitor Minnesota Department of Education Division of Compliance & Assistance 1500 Highway 36 West Roseville, MN 55113 Phone: (651) 582-8689 Fax: (651) 582-8725 TTY: (651) 582-8201

  18. Resources 504 Your 504 coordinator Office for Civil Rights, Region V U.S. Department of Education 500 W. Madison, Suite 1475 Chicago, Illinois 60661 Phone: (312) 730-1516 Fax: (312) 730-1609 TDD: (312) 730-5693

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