{"id":772,"date":"2021-05-06T17:06:59","date_gmt":"2021-05-06T17:06:59","guid":{"rendered":"http:\/\/www.elvananawa.com\/SPED587\/?page_id=772"},"modified":"2021-05-06T17:06:59","modified_gmt":"2021-05-06T17:06:59","slug":"educational-law","status":"publish","type":"page","link":"http:\/\/www.elvananawa.com\/SPED587\/educational-law\/","title":{"rendered":"Educational Law"},"content":{"rendered":"

In working with children and adolescents with ASD, it is important to understand the educational system and be familiar with educational law.<\/p>\n

Education Law<\/strong> is the area of law that relates to schools, teachers, and the rights of Americans to a public education, as well as standards for those students who attend private schools.<\/p>\n

\u00a0What the law says:<\/strong><\/p>\n

\u00a0<\/strong>The Individuals with Disabilities Education Act (IDEA) explains the educational rights of students with disabilities and describes eligibility requirements for children to receive special education supports and services. IDEA is the reauthorization of Public Law 94-142, which was first adopted in 1975.\u00a0 Amendments in 2004 were designed to align special education law more closely to No Child Left Behind, federal educational legislation that seeks to improve academic outcomes for all students.<\/p>\n

Students who are eligible for special education supports and Services<\/strong><\/p>\n

\u00a0<\/strong>Parents are often surprised to learn that a medical diagnosis of Autism Spectrum Disorder (ASD) does not automatically entitle a student to special services under the Individuals with Disabilities Education Act (IDEA).\u00a0 Eligibility for special education services is based on an educational determination of a disability which includes meeting not just the criteria for a specific disability (such as autism), but also finding that the student is in need of special services.\u00a0 Understanding the differences between a medical diagnosis and an educational determination of eligibility for special education services can help parents become better advocates for their children.<\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
\n
Medical Diagnosis vs. Educational Determination<\/strong><\/h5>\n<\/td>\n<\/tr>\n
\n
Medical Diagnosis:\u00a0 Autism Spectrum Disorder<\/strong><\/h5>\n<\/td>\n
\n
Educational Determination:\u00a0 Autism<\/strong><\/h5>\n<\/td>\n<\/tr>\n
\n
    \n
  • Completed by a physician or psychologist<\/li>\n<\/ul>\n<\/td>\n
\n
    \n
  • \u00a0Completed by a multidisciplinary team<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
\n
    \n
  • Based on DSV-V criteria<\/li>\n<\/ul>\n<\/td>\n
\n
    \n
  • Based on IDEA 2004 regulations<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
\n
    \n
  • Screening (M-CHAT)<\/li>\n<\/ul>\n<\/td>\n
\n
    \n
  • Required to received special education services<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
\n

o\u00a0\u00a0 Interviews<\/p>\n<\/td>\n

\n
    \n
  • Evaluation components<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
\n

o\u00a0\u00a0 Observations<\/p>\n<\/td>\n

o\u00a0\u00a0 Interviews<\/td>\n<\/tr>\n
\n

o\u00a0\u00a0 Systematic assessment<\/p>\n<\/td>\n

o\u00a0\u00a0 Review of medical records<\/td>\n<\/tr>\n
\n
    \n
  • Qualifying services<\/li>\n<\/ul>\n<\/td>\n
o\u00a0\u00a0 Observations<\/td>\n<\/tr>\n
\n

o\u00a0\u00a0 State funded programs<\/p>\n<\/td>\n

o\u00a0\u00a0 Systemic assessment of academic skills and functioning<\/td>\n<\/tr>\n
\n

o\u00a0\u00a0 Health insurance benefits<\/p>\n<\/td>\n

\n
    \n
  • Results in different services than a medical diagnosis<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
<\/td>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

The Individuals with Disabilities Education Act (IDEA) (previously Public Law 94-112) \u2013<\/p>\n

The child must have one or more disabilities identified in IDEA and demonstrate a need for special education:<\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n
Federal Disability Categories for Special Education<\/strong><\/td>\n<\/tr>\n
There are 13 categories of special education as defined by the Individuals with Disabilities Act (IDEA).\u00a0 In order to qualify for special education, the IEP team must determine that a child has one of the following:<\/td>\n<\/tr>\n
\u00a0<\/strong><\/td>\n<\/tr>\n
\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Autism<\/td>\n\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Orthopedic impairment<\/td>\n<\/tr>\n
\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Blindness<\/td>\n\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Other health impairment<\/td>\n<\/tr>\n
\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Deafness<\/td>\n\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Specific learning disability<\/td>\n<\/tr>\n
\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Emotional disturbance<\/td>\n\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Speech or language impairment<\/td>\n<\/tr>\n
\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Hearing impairment<\/td>\n\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Traumatic brain injury<\/td>\n<\/tr>\n
\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Intellectual disability<\/td>\n\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Visual impairment<\/td>\n<\/tr>\n
\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Multiple disabilities<\/td>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

The protections that are available for students under IDEA<\/strong><\/p>\n

The following components of IDEA represent significant protections for students with disabilities:<\/p>\n

    \n
  • Free and Appropriate Public Education (FAPE) \u2013 It is every child\u2019s right, including those with disabilities, to receive a free and appropriate public education. In some cases, the term \u201cappropriate\u201d can lead to different interpretations.<\/li>\n
  • Least Restrictive Environment (LRE) \u2013<\/em> Children are to be educated in a setting with children without disabilities, to the maximum extent possible. The provision requires that the IEP team address individual educational placement decisions.<\/li>\n
  • Individual Education Plan (IEP) \u2013 This legal document is designed to represent individualized instructional programming for the student. It should be reviewed annually and modified as needed to promote progress towards goals.<\/li>\n<\/ul>\n

    Students with ASD can be included in regular education<\/strong><\/p>\n

    \u00a0<\/strong>Least Restrictive Environment (LRE)<\/strong><\/p>\n

    \u00a0<\/strong>The intent of Least Restrictive Environment (LRE) is to make sure that students who receive special education are included in the general education curriculum as often as possible, with non-disabled students in a typical classroom setting.<\/p>\n

    The Least Restrictive Environment is determined individually by the IEP team and parents.\u00a0 Placement in a regular education classroom is considered first.\u00a0 The IEP team needs to determine the types of supports (e.g., a classroom aide) that would be required for a child to remain in the regular classroom setting before alternatives are considered.<\/p>\n

    IDEA says two things about LRE that are important to understand when working with the IEP team:<\/p>\n

      \n
    1. Your child should be with students in general education to the \u201cmaximum extent that is appropriate.\u201d<\/li>\n<\/ol>\n
        \n
      1. Special classes, separate schools, or removal from the general education class should only happen when your child\u2019s learning or thinking difference\u2014a \u201cdisability\u201d under IDEA\u2014is so severe that supplementary aids and services can\u2019t provide your child with an appropriate<\/em> education.<\/li>\n<\/ol>\n

        A key word here is appropriate<\/em>. It refers to what\u2019s suitable or right for your child. Sometimes, putting a child in a general education classroom isn\u2019t suitable because a specific service or program can\u2019t be provided there.<\/p>\n

        Support services are available in schools for students with ASD<\/strong><\/p>\n

        \u201cSupplementary Aids and Services means aids, services, and other supports that are provided in regular education classes, other education-related settings, and in extracurricular and non-academic settings, to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate \u2026 \u201d (IDEA 300.114\u2013300.116).<\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
        \n

        Examples of Supports and Services for Children with Disabilities<\/strong>
        \nAutism Spectrum Disorder in the Regular Education Classroom<\/strong><\/p>\n<\/td>\n<\/tr>\n

        \u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Speech therapy, occupational therapy, physical therapy<\/td>\n<\/tr>\n
        \u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Social skills groups\/support<\/td>\n<\/tr>\n
        \u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Accommodations\/modifications to curriculum<\/td>\n<\/tr>\n
        \u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Adjustments in the manner in which material is presented (i.e., enlarged text, text to speech, with visual cues)<\/td>\n<\/tr>\n
        \u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Adjustments in the manner in which progress is measured<\/td>\n<\/tr>\n
        \u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Accommodations to the environment (i.e., seating, room setup, wheelchair accessibility, sensory room)<\/td>\n<\/tr>\n
        \u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Support and\/or training for teaching staff<\/td>\n<\/tr>\n
        \u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Specialized equipment (i.e., augmentative communication device, sensory materials)<\/td>\n<\/tr>\n
        \u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Pacing of instruction (i.e., frequent breaks, extra time for homework, home set of materials\/books)<\/td>\n<\/tr>\n
        \u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Testing adaptations<\/td>\n<\/tr>\n
        \u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Instructional content should be meaningful and should consider interests and long-term goals, especially for students who are transition age<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

        The student with ASD may require behavioral support<\/strong><\/p>\n

        If an IEP team determines that general classroom management techniques are insufficient to improve challenging behavior and a student\u2019 s behavior is interfering with his\/her learning or the learning of others, then the IEP team should consider implementing a functional behavioral assessment to guide the development of a positive behavior support plan.<\/p>\n

        A positive behavior support plan outlines the supports and strategies to be implemented by team members to reduce the occurrence of problem behavior through positive and proactive means. A positive behavior support plan is developed once the team has an understanding of the function of the interfering behavior. The positive behavior support plan should be included in the IEP, and everyone involved should be familiar with the implementation strategies in order to promote successful outcomes (300.324[2][I]).<\/p>\n

        If the student does not meet the two-pronged criteria for special education<\/strong><\/p>\n

        Students must have a disability that is recognized by IDEA, and also demonstrate a need for specially designed instruction.\u00a0 The Rehabilitation Act of 1973 protects the rights of qualified individuals by prohibiting discrimination based on their disability. Section 504 of the Rehabilitation Act states that organizations that receive federal funds are required to make their programs accessible by providing reasonable accommodations to individuals with disabilities. Students with disabilities who do not qualify for the protections of IDEA may benefit from the development of a 504 plan with the school\u2019s 504 coordinator, committee, or team.<\/p>\n

        Definition of a 504 plan<\/strong><\/p>\n

        The 504 plan is a document that delineates specific accommodations that will be implemented by the school. All staff should be made aware of the accommodations, and the plan should be reviewed annually. After implementing an initial 504 plan, a meeting should be scheduled within six weeks to review progress. Issuing a 504 plan does not provide the same level of protections as found in an IEP, but it can inform teachers of specific areas of need and direct them to implement accommodations that promote equal access to the curriculum.<\/p>\n

        A parent or school personnel can request a 504 plan, which is based upon the legal protection of Section 504 of the Rehabilitation Act.\u00a0 Accommodations may be necessary for students with ASD, psychiatric symptoms, medical illness, or other disabling conditions, and a written recommendation may be provided by the child and adolescent psychiatrist, other physicians, psychologists, or other service providers including school personnel.<\/p>\n

        The Individual Education Plan (IEP) Process<\/strong><\/p>\n

        \u00a0<\/strong>An Individual Education Plan is a written document that outlines a child\u2019s individual educational needs. If specified, related services can be provided such as speech and language therapy, occupational therapy, counseling, and behavioral supports.\u00a0 Every child who receives special education services must have an IEP.\u00a0 It is also a legal document that outlines:<\/p>\n