Flashcards — Special Education Legal Guide

A mandate requiring all students with disabilities or suspected of having disabilities, ages birth to 21, to be located, identified, and evaluated. Schools must have an active system in place to find these children.

1. The student must have a disability covered by IDEA. 2. Because of that disability, the student needs special education and related services.

Schools must evaluate students in a reasonable amount of time after being notified of a suspected disability. Monetary damages are available under Section 504 when Child Find obligations are violated.

A class action case where the court found Milwaukee Public Schools failed to implement Child Find requirements for at least five years, violating IDEA obligations.

Clean Intermittent Catheterization (CIC) qualifies as a related service under IDEA, meaning schools must provide it so students can benefit from special education.

An intervention process that occurs before a formal referral for special education. School-based teams provide assistance to determine if further evaluation is needed, reducing unwarranted referrals.

A written request to evaluate a student to determine whether they have a disability. It must contain detailed reasons and documentation supporting the request.

Autism, deaf-blindness, developmental delay, emotional disturbance, hearing impairments, intellectual disabilities, multiple disabilities, orthopedic impairments, other health impairments, specific learning disabilities, speech/language impairments, traumatic brain injury, visual impairments.

Non-English proficient children cannot be placed in special education based on culturally biased tests or tests given in any language other than their native language.

The first major case questioning special education placement. Ruled against a tracking system placing students in regular or special education based solely on intelligence test scores, since tests were normed on white middle-class children.

Evaluations must be comprehensive, cover all areas of suspected disability, use multiple tests, be administered in the student's native language, and be conducted by a multidisciplinary team without racial or cultural bias.

A model introduced under IDEA 2004 where students receive increasing levels of intervention based on their needs. It reduces inappropriate referrals for special education by providing early support before formal evaluation.

Each Local Education Agency (LEA) must conduct a full individual evaluation before providing special education services, completed within 60 days of receiving parental consent.

An Individualized Education Program is a written, detailed plan developed by a team for each student aged 3–21 who receives special education services, outlining their unique educational needs and services.

Present level of performance, measurable annual goals, special education and related services, participation with typical students, state/district assessment accommodations, dates and locations of services, transition services, progress measurement, and age of majority.

Free Appropriate Public Education — all children with disabilities must receive an education appropriate to their unique needs at no cost to parents, regardless of disability severity.

Parents may be reimbursed for private school tuition if the public school fails to provide an appropriate IEP and does not comply with IDEA, even if the private school does not meet IDEA standards.

The U.S. Supreme Court ruled that IDEA requires schools to provide an educational program reasonably calculated to provide educational benefit, not to maximize a student's potential. Schools are not required to provide the best possible education.

LRE means students with disabilities must be educated, to the maximum extent appropriate, with students without disabilities. Placement must be individually determined based on each student's educational needs.

1. Can the student make satisfactory progress in general education with modifications and supplementary aids? 2. Has the student been integrated to the maximum extent appropriate? Both must be evaluated to determine LRE compliance.

States must guarantee FAPE to all children with intellectual disabilities ages 6–21, place students in the most integrated environment, and engage in Child Find. Parents have the right to participate in educational decisions.

The Family Educational Rights and Privacy Act (1974) protects the privacy of student education records. Parents have the right to inspect records, request amendments, and must provide written consent before records are disclosed. Rights transfer to students at age 18.

Addressed whether peer grading violated FERPA. The Tenth Circuit found graded papers maintained by teachers are educational records, making peer grading a potential FERPA violation regarding student confidentiality.

Schools violate FERPA when they disclose private student information to outside agencies without written parental consent. FERPA strictly protects student privacy, and parental consent is required before releasing student information.

A legal right allowing parents/guardians who disagree with a school's educational decisions for their child to request a formal hearing. Rights are protected under IDEA. Parents may challenge IEPs, placements, evaluations, or services.

Notify the special education director in writing (child's name, school, description of issues, proposed resolution). The school notifies OSAH. Within 15 days, an Informal Resolution Session occurs. If unresolved, a formal hearing is scheduled with an Administrative Law Judge.

The Supreme Court unanimously confirmed that parents have the right to represent their children in IDEA-related court cases. IDEA grants enforceable rights to both children AND their parents.

Schools cannot hold an IEP meeting without a parent present unless the parent affirmatively refuses to attend. Scheduling a meeting without a parent who is actively trying to reschedule and participate violates IDEA and denies FAPE.

The Education for All Handicapped Children Act (1975). Four purposes: (1) Ensure FAPE for all children with disabilities, (2) Protect rights of children and parents, (3) Assist states in educating children with disabilities, (4) Assess effectiveness of efforts to educate children with disabilities.