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Legal Issues in Assessment

Legal Issues in Assessment. EXED 530. Landmark Cases. Brown v. Board of Education of Topeka, Kansas Hobson v. Hansen Dianna v. State Board of Education PARC v. Commonwealth of Pennsylvania Wyatt v. Stickney. Cases continued…. Guadalupe v. Tempe Elementary School

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Legal Issues in Assessment

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  1. Legal Issues in Assessment EXED 530

  2. Landmark Cases • Brown v. Board of Education of Topeka, Kansas • Hobson v. Hansen • Dianna v. State Board of Education • PARC v. Commonwealth of Pennsylvania • Wyatt v. Stickney

  3. Cases continued… • Guadalupe v. Tempe Elementary School • Mills v. Board of Education District of Columbia • PASE v. Joseph P. Hannon • Luke S. and Hans S. v Nix et al. • Board of Education of Hendrick Hudson School District v. Rowley

  4. Cases continued… • Jose P. v. Ambach • Larry P. v. Riles • Georgia State Conference Branches of NAACP v. State of Georgia • Daniel R. R. v. State Board of Education • Gerstmeyer v. Howard County Public Schools

  5. Federal Legislation • Section 504 of the Vocational Rehabilitation Act • P.L. 93-380: The Family Education Rights and Privacy Act (FERPA) • P.L. 94-142: The Education of All Handicapped Children’s Act (EHA) • P. L. 98-524: The Vocational Act of 1984-The Perkins Act

  6. Federal Legislation Continued • P.L. 990457: Education of the Handicapped Act Amendments of 1986 • The Individuals with Disabilities Education Act of 1997 (IDEA ’97) • The Americans with Disabilities Act-P.L. 101-336

  7. Section 504 • Is a Civil Rights law. • Prevents discrimination against all individuals with disabilities in programs that receive federal funds. • Ensures equal opportunity for all activities.

  8. FERPA • Parents and eligible students have the right to inspect and review the student’s educational records. • Schools must have written permission before releasing information. • Parents and eligible students must have their rights to records explained to them.

  9. FERPA Continued… • School officials can not destroy records if there is an outstand request to examine them. • Parents and eligible students who believe that information in the records is inaccurate or misleading may request that the records be amended. Parents have the right to a hearing.

  10. P. L. 94-142 • Over 1.75 children were being excluded from school because of their disability. • Over 4 million were not receiving appropriate services. • State and local agencies had a responsibility to provide services for all children.

  11. Continued… • Must be informed parental consent prior to testing and placement. • Least restrictive environment. • IEP • Nondiscriminatory evaluation complete evaluations. • Parental due process • Zero reject

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