by jaceta


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Honing v. Department of Education
Special Education students must have a manifestation hearing if they are suspended for more than 10 days.
Diana v. State Board of Education
Students must be assessed in their dominant language
Guadalupe v. Temple school district
Students must be assessed in their dominant language
Lau v. Nichols
English Language Learning students must recieve appropriate accomodations (for learning disabilities - ELL status IS NOT a disability)
No Child Left Behind
"Highly Qualified" teachers High stakes testing Can loose federal money if noncompliant/fail to make annual yearly progress (ayp)
Rowley v. Department of Education
Schools must provide adequate education, not best education possible. Required to provide a Ford, not a Lexus.
10th Amendment
States responsible for education. The Tenth Amendment was written to reassure the states that they would remain largely in charge within their own borders. Until the mid-19th century, the Tenth Amendment was often cited by state governments to prevent Federal regulation of everything from taxation to interstate commerce.
PARC v. Commonwealth of PA
Pennsylvania Association for Retarded Children. Education is a property right, as a result students may not be excluded from FAPE.
Perkins Act
Special education students may do vocational education. An issue of occupational access
Larry P. v. Riles
The percentage of minority students in special education may not exceed the percentage of minority students at that school. OVER-RULED : Marshall v. Georgia
Marshall v. Georgia
The percentage of minority students in special education MAY exceed the percentage of minority students in the school population IF appropriate and proper steps were taken. Over rules Larry P. v. Riles.
Hobson v. Hansen
Equal access to education despite socio-economic status
PASE v. Hannon
Endorsed use of standardized tests IF they are culturally sensative and used with other measures.
Section 504 of the Rehabilitiation Act of 1973
Prohibits public schools from excluding students from participating in school programs and activities solely based on handicap. Requires schools to take reasonable steps to prevent harassment based on handicap Requires schools to make accommodations to ensure that pupils w. handicaping conditions have equal opportunity to benefit from its programs and activities. Does not provide funds to schools. DOE policy allows IDEA-supported SPED services to be used in making accommodations for 504-only students.
IDEA 1997
Pub L. No 105-17, Under Clinton Focused on improvind educational outcomes for students with disabilities. Education for All Handicapped Children Act of 1975
Education for All Handicapped Children Act of 1990
G.H.W. Bush signed, changed handicap to disability. Pub L. No 101-476
IDEA 2004
Pub L. No 108-446 G.W. Bush Provides funds to state and local agencies that provide FAPE. Education of children w/ disabilities can be more effective if high standards are set. SPED as service, not a place Recognizes increase in ELL/LEP students in US. Part A: General Provisions Part B: Assistnace for Education of all Children with Disabilities Part C: Infants and toddlers with Disabilities Part D: National Activities to Improve Education fo Children with Disabilities
Catagories of Disability under IDEA 2004 (13)
Autism, Deaf-Blindness, Deafness, Emotional Distrubance, Hearing impairment, MR, Multiple disabilities, orthopedic impairment, other health impairment, SLD, speech or language impairment, TBI, visual impairment
IDEA 2004 Important Facts
-Private school placement at no cost to parents incld progam, nonmedical care, room/board if residential. -If parent places child in alt setting the child does not have an individual right to receive some or all of the SPED and related services they would rec' if enrolled in the public school. Can provide services to student but not at benefit to private school. -Child Find -Assumes parents can and will make educational decisions that are in the best interest of their child. -Does not extend to extra curricular activities.
Zero Reject Principle
Provide full educational opportunity regardless of the severity of the disability.
Assistive Technology
Does not include medical devices. Item/equiptment/product system that is used to increase, maintain or improve the functional capabilities of a child w. a disability. Required to provide if needed to achieve FAPE.
Freedom from harassment
Under IDEA 2004 and Sect. 504 schools must take reasonable steps to prevent bullying and harassment of students with disabilities. Shore regional HS v. PS - school required to offer FAPE in face of harassment. Student teased for gender display not disability.
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