LEGAL-ISSUES-IN-ASSESSMENT-University-of-Dayton法律问题的评价-课件

1、LEGAL ISSUES IN ASSESSMENTCHAPTER TWOLEGAL ISSUES IN ASSESSMENTCHAPCHAPTER OBJECTIVESThe basic problems with respect to discrimination in special educationThe landmark court cases in special educationSection 504 of the Vocational Rehabilitation ActP.L. 93-380: The Family Education Rights and Privacy

2、 ActP.L. 94-142: The Education of All Handicapped Childrens ActThe procedural safeguards under P.L. 94-142CHAPTER OBJECTIVESThe basic prCHAPTER OBJECTIVESP.L. 98-524: The Vocational Education Act of 1984- the Perkins ActP.L. 99-457: Education of the Handicapped Act Amendments of 1986P.L. 105-17: The

3、 Individuals with Disabilities Education Act of 1997 (IDEA 97)P.L. 101-336: The Americans with Disabilities ActNo Child Left Behind The role of state and federal government in establishing and implementing laws pertaining to special education.CHAPTER OBJECTIVESP.L. 98-524:Prior to 1975The two types

4、of discrimination most evident were:The exclusion of students with disabilities altogether from school.The classification of students with disabilities when, in actuality, no disability was present.Prior to 1975The two types of LANDMARK COURT CASES IN SPECIAL EDUCATIONLANDMARK COURT CASES IN SPECIAB

5、ROWN v. BOARD OF EDUCATION of TOPEKA, KANSAS- 1954The court ruled that it was illegal practiceunder the Fourteenth Amendment toarbitrarily discriminate against any group ofpeople. It then applied this principle to the schooling of children.BROWN v. BOARD OF EDUCATION ofHOBSON v. HANSEN- 1967Court de

6、clared D.C. school systems tracking system invalid, but allowed for special classes providing testing procedures were rigorous and that testing was frequent.HOBSON v. HANSEN- 1967DIANA v. STATE BOARD OF EDUCATION- 1970California was mandated to correct bias in assessment procedures.If a students pri

7、mary language was not EnglishCulturally unfair itemsIntelligence tests had to be developedDIANA v. STATE BOARD OF EDUCATPARC v. COMMONWEALTH OF PENNSYLVANIA- 1972Court ratified a consent agreement assuring that schools may not exclude students who have been classified with MR. The court mandated tha

8、t all students must be provided with a free public education.PARC v. COMMONWEALTH OF PENNSYWYATT v. STICKNEY- 1972Court ruled that MR students in state institutions had a constitutional right to treatment. WYATT v. STICKNEY- 1972GUADALUPE v. TEMPE ELEMENTARYSCHOOL- 1972Court agreement stipulated tha

9、t children could not be placed in educable mentally retarded classes unless they scored lower that two standard deviations below the population mean on approved IQ test. Also stipulated that other assessment procedures must be used and parental permission must be obtained.GUADALUPE v. TEMPE ELEMENTA

10、RYMILLS v. BOARD OF EDUCATION OF DISTRICT OF COLUMBIA- 1972Set further guidelines for federal legislation, including the rights of students with disabilities to have free public education, due process protection, and required services regardless of the school districts financial capability.MILLS v.

11、BOARD OF EDUCATION OFPASE (Parents in Action on Special Education) v. JOSEPH P. HANNON- 1980Only 9 of 488 test questions found on an IQ test in question were found to be racially biased. IQ tests were found not to be discriminatory. As a result, the use of intelligence tests were deemed acceptable i

12、n psychoeducational assessment as long as they follow other federal laws.PASE (Parents in Action on SpeLUKE S. and HANS S. v. NIX et al. 1982Court deemed limited 60 day evaluationperiod in Louisiana was not appropriate, and a greater prereferral assessment should be done before a referral is made.LU

13、KE S. and HANS S. v. NIX et BOARD of EDUCATION OF HENDRICK HUDSON SCHOOL DISTRICT v. ROWLEY- 1982Court determined that Amy Rowley was receiving an “appropriate” education. Schools do not have to provide the “best” education or even one to “maximize” a students potential. Programs need to be designed

14、 to enable the unique needs of the individual student, and the student needs to be making progress.BOARD of EDUCATION OF HENDRICKJOSE P. v. AMBACH- 1983Court informed New York City defendants that all evaluations must be “timely evaluations.” From the time of referral to evaluation there can be a ma

15、ximum of 30 days elapse.JOSE P. v. AMBACH- 1983LARRY P. v. RILES- 1984IQ tests used for placing African American students in special education as MR were found to be discriminatory in 3 ways:IQ tests measure achievement rather than ability.IQ tests distribute the population in accordance to bell cur

16、ve.IQ tests lead to classification of more African American students than white students.LARRY P. v. RILES- 1984GEORGIA STATE CONFERENCE OF BRANCHES OF NAACP v. STATE OF GEORGIA- 1984Court did not find evidence of differential treatment of black and white students. Overrepresentation of black childr

17、en in classes for the mentally retarded by itself was not sufficient to prove discrimination.GEORGIA STATE CONFERENCE OF BRDANIEL R. R. v. STATE BOARD OF EDUCATION- 1989One of the leading cases opening the door to increased inclusion of children with disabilities in regular education classesNoted th

18、at schools need not modify the program “beyond recognition”Also looks at whether it is appropriate for the child to be in regular educationDANIEL R. R. v. STATE BOARD OFGERSTMEYER v. HOWARD COUNTY PUBLIC SCHOOLS- 1994Howard School District was sued (and lost) for the costs of private education and t

19、utoring caused by their delay in evaluating a student in a timely manner.GERSTMEYER v. HOWARD COUNTY THE HISTORY OF FEDERAL LAGISLATION FOR INDIVIDUALS WITH DISABILITIESTHE HISTORY OF FEDERAL LAGISLASection 504 of the Vocational Rehabilitation ActCivil rights law enacted in 1973Created to prevent di

20、scrimination against all individuals with disabilities in programs that receive federal funds.504 ensures students of equal opportunity to all school activities.Plays a special role in assessment.Section 504 of the Vocational P.L. 93-380:The Family Education Rights and Privacy Act (FERPA)Often refer

21、red to as the “Buckley Amendment”Gives parents of students under 18, and students over 18, the right to examine records kept in the students personal file.Passed in 1974 to cover students, including those in postsecondary educationP.L. 93-380:The Family EducatP.L. 94-142:The Education of All Handica

22、pped Childrens Act (EHA)Before any evaluations, testing, and placement can be done, there must be parental informed consent.All students in special education must be placed in the least restrictive environment.All students in special education must have an individualized education program (IEP).The

23、evaluation for placement in special education must be nondiscriminatory.P.L. 94-142:The Education of P.L. 94-142:The Education of All Handicapped Childrens Act (EHA)The individual is assessed in all areas related to the suspected disability.Tests must be given and reports must be written in the nati

24、ve language.Parents are entitled to due process.Zero rejects for all students.P.L. 94-142:The Education of P.L. 98-524:The Vocational Education Act of 1984- The Perkins ActStates that individuals who are members of special populations must be provided with equal access to recruitment, enrollment, an

25、d placement activities in vocational education.P.L. 98-524:The Vocational EdP.L. 99-457:Education of the Handicapped Act Amendments of 1986Congress amends the Education of All Handicapped Childrens Act to expand incentives for preschool education programs, early intervention, and transition programs

26、.P.L. 99-457:Education of the Individuals with Disabilities Education Act- P.L. 101-476“IDEA of 1990”The IDEA amendment to P.L. 99-457 requires a timely, comprehensive, multidisciplinary evaluation, including assessment activities related to the child and the childs play.A new program was establishe

27、d to help states develop and implement programs for early intervention services.Individuals with Disabilities The Individuals with Disabilities Act of 1997 (IDEA 97)Adding significantly to the provisions for very young children with disabilities and for students preparing to leave secondary school.A

28、dding two new categories in special education- autism and traumatic brain injuryRemoving the term “handicapped” from the law and substituting the preferred term “disability”Mandating transition services no later than the age of 16 years of ageThe Individuals with DisabilitThe Individuals with Disabi

29、lities Act of 1997 (IDEA 97)Requiring further public commenting on defining attention deficit disorder in the law.Stating that states can be sued in federal courts for violating the laws.Strengthened the least restrictive environment mandateStrengthened parents roles furtherThe Individuals with Disa

30、bilitThe Individuals with Disabilities Act of 1997 (IDEA 97)Added related services to the types of services to be provided for transition services.Strengthened the obligations of other agencies to provide services to students while they are still in school.Emphasized assistive technologyExpands the

31、number of members of the IEP team.The Individuals with DisabilitThe Individuals with Disabilities Act of 1997 (IDEA 97)Gives school authorities several options in disciplining a student with a disability.Changed Part H, serving young children, to Part CChildren and youth receiving special education

32、have the right to receive the related services necessary to benefit from special education instruction. The Individuals with DisabilitP.L. 108-446 IDEA 2004Well look at some of the provisions included in Ch. 20 on another dayP.L. 108-446 IDEA 2004Well loP.L. 101-336The Americans with Disabilities Ac

33、tProtects all individuals with disabilities from discrimination and requires most employers to make reasonable accommodations for them.Plays a very important role in transitional services for students with disabilities.Significant in making sure that all school buildings are accessible to people wit

34、h disabilities. P.L. 101-336The Americans witP.L. 107-100 NCLBEmphasizes early literacySchool report cards Regular measurement of achievement grades 4-8 & a graduation testRight to transfer from poorly performing schoolsMore assessment information for school personnelP.L. 107-100 NCLBEmphasizes eaNCLBHQTTitle I grants for disadvantaged studentsGreater flexibility in spending federal dollars at the state & local l