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- Pepperdine University School of Law
- ©Professor Richard Peterson
- TACA Meeting February 11, 2006
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- To insure that all children with disabilities have available to them=
a free
and appropriate public education that emphasizes special education a=
nd related
services designed to meet their unique needs and prepare them for fu=
rther
education, employment, and independent living;
- To ensure that the rights of children with disabilities and parents =
of
such children are protected; and
- To assist states, localities, educational service agencies and feder=
al
agencies to provide for the education of all children with disabilit=
ies;
- To assist states in the implementation of a statewide, comprehensive,
coordinated, multi-disciplinary, interagency system of early
intervention services for infants and toddlers with disabilities and
their families;
- To ensure that educators and parents have the necessary tools to imp=
rove
educational results for children with disabilities by supporting sys=
tem
improvement activities; coordinated research and personnel preparati=
on;
coordinated technical assistance, dissemination, and support; and
technology development and media services; and
- To assess, and ensure the effectiveness of, efforts to educate child=
ren
with disabilities. (em=
phasis
added)
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- Brown v. Board of Education 347 U.S. 483 (1954)
- PARC v. Pennsylvania 334 F.Supp. 1257 (E.D. Pa. 1971)
- Mills v. Board of Education 348 F.Supp. 886 (D.D.C. 1972)
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- “To separate them from others of similar age and qualifications
solely because of their race generates a feeling of inferiority as to
their status in the community that may affect their hearts and minds=
in
a way unlikely ever to be undone.” (At page 494)
- “Segregation of white and colored children in public schools h=
as a
detrimental effect upon the colored children. The impact is greater =
when
it has the sanction of the law; for the policy of separating the rac=
es
is usually interpreted as denoting the inferiority of the negro grou=
p. A
sense of inferiority affects the motivation of a child to learn. Segregation with the sancti=
on of
law, therefore has a tendency to [retard] the educational and mental
development of negro children and to deprive them of some of the
benefits they would receive in a racially integrated school
system.” (At page 494)
- “We conclude in the field of public education the doctrine of
“separate but equal” has no place. Separate educational facili=
ties
are inherently unequal…”
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- “To separate them from others of similar age and qualifications
solely because of their disability generates a feeling of inferiorit=
y as
to their status in the community that may affect their hearts and mi=
nds
in a way unlikely ever to be undone.” (At page 494
- “Segregation of disabled and typical children in public schools
has a detrimental effect upon the disabled children. The impact is
greater when it has the sanction of the law; for the policy of
separating disabled and typical children is usually interpreted as
denoting the inferiority of the disabled group. A sense of inferiori=
ty
affects the motivation of a child to learn. Segregation with the sancti=
on of
law, therefore has a tendency to [retard] the educational and mental
development of disabled children and to deprive them of some of the
benefits they would receive in a typical and disabled integrated sch=
ool
system.” (At page 494)
- “We conclude in the field of public education the doctrine of
“separate but equal” has no place. Separate educational facili=
ties
are inherently unequal…”
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- Learning disabilities------Did not exist until 1963
- Mental Retardation------IQ cut off was 85 14th %tile
- Emotionally Disturbed------Not allowed in public schools
- Behavior Disordered-------Expelled
- Physical Disabilities-------Not often in public schools
- Blind & Vision Impaired--------Institutionalized
- Deaf and Hearing Impaired--------Institutionalized
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- 1954 Brown v. Board of Education 347 U.S. 483, 74 S.Ct. 686
- 1970 Education for the Handicapped Act (EHA)
- 1971 P.A.R.C. v. Pennsylvania 334 F.Supp. 1257 (E.D. Pa. 1971)
- 1972 Mills v. Board of Education 348 F.Supp. 866 (D.D.C. 1972 )
- 1973 Rehabilitation Act of 1973 (Section 504) 29 U.S.C. § 794
- 1974 Interim Funding Bill Preliminary to Enacting the EAHCA
- 1975 Education for All Handicapped Children Act (EAHCA) 20 U.S.C. &s=
ect;§1400
et. seq.
-
[effective 1977] a.k.a. Public Law 94-142
- 1977 Regulations implementing the EAHCA 34 C.F.R. §§300 et.
seq.
- 1986 Handicapped Children’s Protection Act of 1986 [HCPA] 20
U.S.C. § 1415 (i)(3)
- 1986 Education of the Handicapped Act Amendments of 1986 20 U.S.C. &=
sect;§
1471 et seq.
-
and 1419 et seq.
- 1990 Individuals with Disabilities Education Act (IDEA) [EAHCA amend=
ed
to change name
-
of Act to IDEA.]
- 1997 Major Amendment to IDEA
- 1999 Final Regulations to implement 97 amendments to IDEA issued
- 2004 Re-Authorization of IDEA.
- 2006 Regulations to be released
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- IDEA 20 U.S.C. §§ 1400 et. seq. and Regulations Title 34,
C.F.R. Part 300 et.seq.
- Rehabilitation Act of 1973 (Section 504) and Regulations 29 U.S.C. &=
sect;794
- Americans with Disabilities Act [ADA] 1990 and Regulations
- California Education Code, §§ 56000 et. seq. and Regulatio=
ns,
Title 5, C.C.R. Section 3000 et.seq.
- Case Law
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- Free Appropriate Public Education (FAPE)
- Least Restrictive Environment (LRE)
- Individualized Education Program (IEP)
- Procedural Safeguards (Due Process)
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Congressional
Findings
and Purpose
- “Disability is a natural part of the human experience and in no
way diminishes the right of individuals to participate in or contrib=
ute
to society. Improving
educational results for children with disabilities is an essential
element of our national policy of ensuring equality of opportunity, =
full
participation, independent living, and economic self-sufficiency for
individuals with disabilities.” 20 U.S.C. §1400(c)(1).=
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- “Before the enactment of the Education for All Handicapped
Children Act of 1975 (Public Law 94 142) the special education needs=
of
children were not being fully met; more than one-half of the children
with disabilities in the United States did not receive appropriate
educational services that would enable such children to have full
equality of opportunity; (42
U.S.C. §1400 (c)(2)(A)(B)
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- “Since the enactment and implementation of the Education for A=
ll
Handicapped Children Act of 1975 , this Act has been successful in
ensuring children with disabilities and the families of such children
=
access to a free appropriate public education and in improving
educational results for children with disabilities..” 42 U.S.C.
§1400 (c)(3)
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- “However, the implementation of this Act has been impeded by l=
ow
expectations, and an insufficient focus on applying replicable resea=
rch
on proven methods of teaching and learning for children with
disabilities.” 42
U.S.C. §1400 (c)(4). (Emphasis added)
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- “Almost 30 years of research and experience has demonstrated t=
hat
the education of children with disabilities can be made more effecti=
ve
by:
- Having high expectations for such children and ensuring their access=
to
the general curriculum in the regular classroom, to the maximum exte=
nt
possible, in order to
- Meet developmental goals and, to the maximum extent possible, the c=
hallenging
expectations that have been established for all children; and
- Be prepared to lead productive and independent adult lives, to the =
maximum
extent possible;
- Strengthening the role of parents and ensuring that families of such
children have meaningful opportunities to participate in the educati=
on
of their children at school and at home;
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- coordinating this title with other local, educational service agency,
State, and Federal school improvement efforts, including improvement
efforts under the Elementary and Secondary Education Act of 1965, in
order to ensure that such children benefit from such efforts and that
special education can become a service for such children rather than=
a
place where such children are sent;
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- providing appropriate special education and related services, and ai=
ds
and supports in the regular classroom, to such children, whenever
appropriate;
- supporting high-quality, intensive preservice preparation and
professional development for all personnel who work with children wi=
th
disabilities in order to ensure that such personnel have the skills =
and
knowledge necessary to improve the academic achievement and function=
al performance
of children with disabilities, including the use of scientifically b=
ased
instructional practices, to the maximum extent possible;
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- providing incentives for whole-school approaches, scientifically bas=
ed
early reading programs, positive behavioral interventions and suppor=
ts,
and early intervening services to reduce the need to label children =
as
disabled in order to address the learning and behavioral needs of su=
ch
children;
- focusing resources on teaching and learning while reducing paperwork=
and
requirements that do not assist in improving educational results; an=
d
- H) supporting the development and use of technology, including assis=
tive
technology devices and assistive technology services, to maximize ac=
cessibility
for children with disabilities.
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- “…Special education and related services that
- (A) have been provided at public expense,
- (B) meet the standards of the State educational agency;
- (C) Include appropriate preschool, elementary, or secondary school
education in the State involved; and
- (D) are provided in conformity with the individualized education
program..”
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- Specially designed instruction, at no costs to parents, to meet the =
unique
needs of a child with a disability, including
- (A) Instruction conducted in the classroom, in the home, in hospita=
ls
and institutions, and in other settings; and
- (B) Instruction in physical education.
- (emphasis added)
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