Legal Rights of Students with Disabilities

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Legal Rights of Students with Disabilities

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Legal Rights of Students with Disabilities

Legal Rights of Students with Disabilities

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Task 1 Part A: Summarize the six key components of the original 1975 IDEA In 1975, President Gerald Ford signed into law Public Law 94-142, Education for Handicap Act. This federal law was created to assure that all children with disabilities have free and appropriate education available to them. The six key components of the original 1975 Education for Handicap Act were:  Free Appropriate Public Education (FAPE) o Free Appropriate Public Education (FAPE) guarantees that all children, regardless of the severity of their disability, must have access to free education that is appropriate to their needs.  Least Restrictive Environment (LRE) o Least Restrictive Environment (LRE) is a requirement that places children with disabilities in the classroom with children who do not have disabilities as much as possible.  Individualized Education Program (IEP) o Individualized Education Program (IEP) is a document created with the school and the parents of the child with a disability. The IEP is reviewed and revised at least yearly. This IEP is individually tailored to the student with the disability with the help of the educators, parents, student when appropriate, and any other professionals who are involved in the development of the child. The IEP must address:    Where the child is currently functioning academically Annual goals Types of services to be provided

Running Head: FDT Task 1: Legal Rights of Students with Disabilities

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  

Information about the LRE How to implement the program The evaluation procedure with objective criteria to measure the student’s progress



Procedural Due Process o Procedural due process includes the safeguards for parents and guardians as it pertains to their child’s education. Included in this are the right to be notified of any meetings or proposed changes in the child’s placement, the access to student records, the right to obtain an independent evaluation, and impartial hearing if there is a disagreement.



Appropriate Evaluation/Nondiscriminatory Assessment o Appropriate evaluation is the assessment by a multidisciplinary team that the child must complete prior to receiving special education services. The assessment determines if the child is a “child with a disability” according to PL 94-142 and determines the needs of the student.



Parental Participation o Parental participation requires that parents fully participate in the development of the IEP and be involved when the IEP is reviewed and revised. Parents are also expected to contribute to placement decisions, review evaluation data, and anything else that affects the child’s education.

Running Head: FDT Task 1: Legal Rights of Students with Disabilities

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FTD Task 1 Part B: Summarize the key components of four IDEA reauthorizations The original Education for Handicap Act has been a wonderful starting point in legislation for educating disabled children. There have been many reauthorizations over the years and I am going to summarize four of the key reauthorizations since inception of the 1975 PL 94-142. In 1986, legislation was passed that required that every child, age 3 through 5, who was identified as having special needs is entitled to free and appropriate public education (Gargiulo, 2011). PL 99-457 is a reauthorization of the original 1975 legislation. Known as the Handicapped Infants and Toddlers Program, this new provision is aimed at younger children who have developmental delays or disabilities. PL 99-457 is not mandatory and is to be used at the discretion of the programs in the individual states that oversee the services for the very young. Children and their families who are found suitable must receive a multidisciplinary assessment and receive an IFSP (Individualized Family Service Plan). The IFSP must be reviewed every six...
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