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Laws Every Teacher Should Know
EIGHT IMPORTANT LAWS Eight laws have important effects on the current practice of special education:
Section 504 of the Rehabilitation Act (1973) It is illegal to deny participation in activities, benefits of programs, or to in any way discriminate against a person with a disability solely because of that disability. Individuals with disabilities must have equal access to programs and services. Auxiliary aids must be provided to individuals with impaired speaking, manual, or sensory skills. Education for All Handicapped Children Act (1975) Students with disabilities have the right to a free, appropriate public education. Schools must have on file an individualized education program for each student with a disability. Parents have the right to inspect school records on their child, and when changes are made in a student's educational placement or program, parents must be informed. Parents have the right to challenge what is in records or to challenge changes in placement. Students with disabilities have the right to be educated in the least restrictive educational environment. Students with disabilities must be assessed in ways that are considered fair and nondiscriminatory. They have specific protections. 1986 Amendments to the Education for All Handicapped Children Act Extends all rights of the Education for All Handicapped Children Act to preschoolers with disabilities. Requires each school district to conduct a multidisciplinary assessment and develop an individualized family service plan for each preschool child with a disability. Individuals With Disabilities Education Act (1990) Reauthorizes the Education for All Handicapped Children Act. Adds two new disability categories (traumatic brain injury and autism) to the definitions of students with disabilities. Adds a comprehensive definition of transition services Includes provisions to make assistive technology more widely available. Americans With Disabilities Act (1992) Prohibits discrimination on the basis of disability in employment, services rendered by state and local governments, places of public accommodation, transportation, and telecommunication services. Amendments to the Individuals With Disabilities Education Act (1997) Specifies the participants of IEP teams and IEP documentation. Adds disciplinary changes to IDEA. Requires states to report on the performance and progress of all students. No Child Left Behind Act (2001) Reauthorizes the Elementary and Secondary Education Act. Specifies that its provisions are for all students, including those with disabilities. Requires annual assessments in reading and math in Grades 3–8 and one year of high school. Provides for literacy interventions through Reading First and Early Reading First. Gives entitlement to supplementary education services. Allows increased parental flexibility in schools that are performing poorly (entitlement to change schools or school districts). Individuals With Disabilities Education Improvement Act of 2004 Students with disabilities must be taught by highly qualified teachers who have full certification in special education or pass a state special education teacher licensing exam and hold a state license. New approaches are permitted in identifying students as learning disabled. Discrepancy scores are no longer required in identification of students with learning disabilities. Fifteen percent of special education funds may go to providing support services in general education to students not yet identified as disabled. Special education teachers teaching to alternate achievement standards in specific core academic subjects need to be certified in special education and the core academic subject. Requirement of having benchmarks and short-term objectives in IEPs is deleted. Development of multiple-year IEPs is allowed on a selective basis. Transition planning must be results oriented. Schools must appoint a parent surrogate for disabled students who are homeless or wards of the court. entire document can be found at http://www.corwinpress.com/upm-data/8947_CHapter_1_exc_from_Algozzine2_Rev_Final_Pdf_3.pdf |
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