IDEA, ADA, IEP: Disability Law Overview
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Questions and Answers

_________ addresses rights, protections, and education specifically for students in schools, while the _________ addresses rights and accessibility for all individuals.

Individuals with Disabilities Education Act/Americans with Disabilities Act

A school system suggests parents hire a reading tutor for a student with a reading exceptionality needing specialized instruction. Which important student right has been violated?

  • Least Restrictive Environment (LRE)
  • Due Process
  • Free and Appropriate Public Education (FAPE) (correct)
  • Individualized Education Program (IEP)

Services and instruction for students with disabilities must be provided in the Least Restrictive Environment (LRE).

True (A)

Placement in the general education setting is preferable for students with exceptionalities primarily because it lowers costs.

<p>False (B)</p> Signup and view all the answers

All the laws discussed in this module (IDEA, Section 504, and ADA) provide funding to schools for educating students with exceptionalities.

<p>False (B)</p> Signup and view all the answers

Which of the following is a foundational component of IDEA?

<p>Individualized Education Programs (B)</p> Signup and view all the answers

At a minimum, an IEP must contain goals, testing accommodations, and family supports.

<p>False (B)</p> Signup and view all the answers

IDEA guarantees free and appropriate education to students who have learning disabilities or autism, but not ADHD.

<p>False (B)</p> Signup and view all the answers

If a student with an IEP violates a zero-tolerance policy, all procedures must be followed regardless of the student having an IEP.

<p>False (B)</p> Signup and view all the answers

According to Section 504, what primary resource must be provided to students with disabilities?

<p>Accommodations or modifications due to their disability (A)</p> Signup and view all the answers

Name one type of English language instruction program or model commonly used for English learners (ELs).

<p>Pullout instruction</p> Signup and view all the answers

Fatima, an EL student, struggles in reading, math, and social interaction despite two years of pullout instruction and interventions in both English and Farsi. If she is found to have an educational disability, which laws would apply to her?

<p>Both IDEA and Title III (B)</p> Signup and view all the answers

As an EL student, Fatima should receive ______ due to her EL status, regardless of whether she is found to have an educational disability.

<p>Modified testing requirements</p> Signup and view all the answers

If Fatima is found to have a disability, which right would be guaranteed to her under federal law?

<p>Free and appropriate public education (FAPE) (D)</p> Signup and view all the answers

Both IDEA and Title III would require the school to proactively communicate with Fatima's family and involve them in her educational planning.

<p>True (A)</p> Signup and view all the answers

If Fatima is found to have an educational disability, federal law will prohibit placing her in self-contained, or segregated, classes.

<p>False (B)</p> Signup and view all the answers

A student with a disability under IDEA starts a fight after repeated behavior violations, and the school is considering expulsion. Why is a manifestation determination hearing required first?

<p>To determine whether the behavior is caused by the disability (B)</p> Signup and view all the answers

Match the legal concepts with their corresponding descriptions within the context of special education and English learners:

<p>IEP = A legal document outlining a student's special education plan, developed collaboratively with parents and educators. FAPE = Ensures that students with disabilities receive a free and appropriate public education tailored to their needs. LRE = Requires students with disabilities to be educated with their non-disabled peers to the maximum extent appropriate. Manifestation Determination = A process to determine if a student's misbehavior is linked to their disability, affecting disciplinary actions.</p> Signup and view all the answers

Which type of data is most effective for tracking a student's progress in reading within an IEP?

<p>Measures of reading fluency based on correct words per minute. (D)</p> Signup and view all the answers

Mrs. Yang, a first-year teacher, receives a call from a parent who can only attend IEP meetings after 4:00 p.m. What should Mrs. Yang do first?

<p>Tell the special education team and help communicate with the parent to reschedule the meeting. (D)</p> Signup and view all the answers

An IEP can be written for students with learning disabilities, while a 504 plan cannot.

<p>False (B)</p> Signup and view all the answers

IEPs and 504 plans are authorized and administered under the same federal law.

<p>False (B)</p> Signup and view all the answers

A student who struggles due to a parent's chronic illness needs a plan to help them succeed in school, but they do not have a formal disability diagnosis. Which legal framework is best suited for this student?

<p>Neither Section 504 or IDEA (C)</p> Signup and view all the answers

A student with a medical condition requires accommodations like extra time on tests. Under which framework would a plan be created to implement these accommodations?

<p>Section 504 (D)</p> Signup and view all the answers

A student with a learning disability requires assistive technology, a one-on-one aide, and specialized instruction. Under which framework would this support plan be created?

<p>IDEA (B)</p> Signup and view all the answers

A teacher moving to a new state is concerned about understanding new legal requirements for supporting students with IEPs and 504 plans. How would you address this concern, given that some laws are consistent across states?

<p>Remind the teacher that IDEA and Title III are federal laws requiring schools to provide a fair and equitable education for all states.</p> Signup and view all the answers

An IEP team has determined that a student should spend part of their day in a general education classroom and part of their day in a resource room. What are some supports that could be integrated into the student's general education instruction to help him succeed?

<p>Students in general education often receive supports such as assistive technology, assistance from a tutor or aide, access to accommodations such as additional time, and modifications such as reduced workload or alternative assignments.</p> Signup and view all the answers

Malik, a fifth-grade student with autism, is highly interested in dinosaurs. How can his teacher effectively integrate this interest into the general education curriculum to improve his focus and learning across all subjects?

<p>Provide time for the student to learn independently.</p> Signup and view all the answers

A teacher can unilaterally decide to place a student with disabilities in a self-contained classroom if the student consistently violates classroom rules.

<p>False (B)</p> Signup and view all the answers

IDEA's disciplinary regulations apply only to students with emotional and behavioral disorders.

<p>False (B)</p> Signup and view all the answers

Student A, who has an IEP, frequently answers questions without raising her hand. What is the most appropriate initial step for the teacher?

<p>Review the student's IEP to ensure appropriate behaviour supports are in place (B)</p> Signup and view all the answers

When an IEP team wants a student with a disability to be educated with students who do not have disabilities to the greatest extent appropriate, the team is using the concept of _______.

<p>LRE</p> Signup and view all the answers

Flashcards

IDEA

Addresses rights, protections, and education specifically for students in schools with exceptionalities.

ADA

Addresses rights and accessibility for all individuals, regardless of disability.

FAPE (Free Appropriate Public Education)

Guarantees that students with disabilities receive education and services tailored to their needs at no cost to their families.

LRE (Least Restrictive Environment)

Ensures students with disabilities are educated with non-disabled peers to the greatest extent appropriate.

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IEP (Individualized Education Program)

A document created for students with disabilities outlining goals, services, and accommodations.

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IEP Components

Present levels of performance, goals, testing accommodations, services and modifications, placement information.

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IDEA Eligibility

Guarantees a free, appropriate public education to students with disabilities, including those with ADHD or emotional/behavioral disabilities.

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Funding Source (IDEA)

IDEA provides funding to schools for educating students with disabilities; Section 504 and ADA do not.

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IEP and Behavior

Check if the behavior is linked to their disability as specified in the IEP.

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Zero-Tolerance & IEP

The school must determine if the behavior was caused by the disability before discipline.

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Section 504 Resource

Accommodations or modifications to ensure equal access.

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Pullout Instruction

Instruction where ELs are taken out of the general education classroom for targeted support.

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Disability and EL Laws

Both Individuals with Disabilities Education Act (IDEA) and Title III.

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EL Testing Accommodation

Adjustments to tests to accommodate her language needs.

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FAPE

A Free and Appropriate Public Education tailored to their needs.

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Family Involvement (IDEA & Title III)

Schools must proactively communicate with and involve the family.

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Least Restrictive Environment (LRE)

Students must be in the Least Restrictive Environment appropriate for them.

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Manifestation Determination

To determine if the behavior is a result of the disability.

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Reading Fluency Measure

Correct words per minute (CWPM) can measure reading fluency.

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IEP Meeting Conflict

Communicate with the special education team to reschedule the meeting.

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IEP vs. 504 Plan

False. Both IEPs and 504 plans can support students with disabilities if they meet the requirements.

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Legal Basis of IEP/504

True. IDEA governs IEPs whereas Section 504 of the Rehabilitation Act governs 504 plans.

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Student Support (Non-Disability)

Neither Section 504 nor IDEA is applicable initially.

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Medical Condition Accommodations

Section 504.

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Assistive Technology & Specialized Instruction

IDEA.

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Federal Education Laws

IDEA and Title III are federal laws requiring schools to provide a fair and equitable education for all students across all states.

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General Education Supports:

Assistive technology, tutors/aides, extra time and reduced workload.

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Supporting Focused Interests

Provide time for the student to learn independently.

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Placement Authority

False. Placement decisions require a team discussion.

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IDEA Discipline Regulations

False. Regulations apply to all disabilities.

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First Response: Rule Breaking

The teacher should first reinforce classroom expectations.

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Study Notes

  • IDEA (Individuals with Disabilities Education Act) addresses rights, protections, and education specifically for students in schools.
  • ADA (Americans with Disabilities Act) addresses rights and accessibility for all individuals.
  • Failure to provide specialized reading instruction as required violates a student's right to FAPE (Free Appropriate Public Education).
  • Services and instruction for students with disabilities must be provided in the Least Restrictive Environment (LRE).
  • General education is not always the LRE; teams decide based on individual student needs.
  • General education placement is preferable for students with exceptionalities because it ensures access to same-age peers, grade-level curriculum, and an environment free from stigma, not due to cost.
  • IDEA is the only law of IDEA, Section 504, and ADA that provides funding to schools for educating students with exceptionalities.
  • Individualized Education Programs (IEPs) are a foundational component of IDEA.
  • An IEP contains goals, accommodations, present levels of performance, services and modifications, and placement information.
  • IDEA guarantees a Free Appropriate Public Education (FAPE) to all students with educational disabilities, including those with ADHD or behavioral disabilities.
  • Measures of reading fluency based on correct words per minute can be included in an effective progress monitoring plan within an IEP for a student with a reading disability.
  • If a parent can only attend IEP meetings after 4:00 p.m., communicate this to the special education team to reschedule the meeting.
  • Both IEPs and 504 plans can be created for any student with any disability as long as the disability impacts the student's education according to the requirements of the law.
  • IEPs are authorized and administered under IDEA, while 504 plans are created under Section 504 of the Rehabilitation Act.

Scenarios for Determining Eligibility for Support

  • A student struggling due to a parent's chronic illness may not qualify for either Section 504 or IDEA.
  • A student with a medical condition needing accommodations like extra time qualifies for Section 504.
  • A student with a learning disability needing assistive technology, an aide, and specialized instruction qualifies for IDEA.
  • IDEA and Title III are federal laws requiring schools to provide a fair and equitable education for all states.

Supporting Students with Exceptionalities in General Education

  • Students in general education often receive supports such as assistive technology, assistance from a tutor or aide, access to accommodations such as additional time, and modifications such as reduced workload or alternative assignments.
  • Providing time for independent learning can support a student with autism who has a focused interest in dinosaurs in a general education classroom.
  • Moving a student who is successful in inclusion classes to a self-contained classroom is inconsistent with IDEA's requirements for LRE (Least Restrictive Environment).
  • A teacher cannot unilaterally place a student in a restrictive setting, as the decision must be based on the student's demonstrated ability in a general education setting or need for additional supports.
  • IDEA regulations on discipline apply regardless of the student's category of disability.

Addressing Behavioral Issues for Students with IEPs

  • First, read the IEP to determine whether the behavior is related to a disability.
  • If a student with an IEP violates a zero-tolerance policy, the school must first read the IEP to determine whether the behavior is a result of the student's disability through a manifestation determination.

Resources Provided by Section 504

  • Accommodations or modifications due to a disability.

Supporting English Learners (ELs)

  • Pullout instruction is one type of English language instruction program or model for ELs.
  • If an EL student is found to have an educational disability, both IDEA and Title III would apply.
  • Regardless of disability status, EL students should receive modified testing requirements due to their EL status.
  • If found to have a disability, the student is guaranteed a free and appropriate public education (FAPE).
  • Both laws emphasize the importance of families in planning and monitoring a student's progress, and an IEP cannot be developed without family consent.
  • IDEA requires students be placed in the least restrictive environment (LRE) but does not specify what kind of classroom is least restrictive, or most appropriate, for any particular student, whether that student is an EL or not. Title III does not require specific placements for ELs either).

Manifestation Determination Hearing

  • IDEA requires a manifestation determination hearing before expelling a student with a disability because it is unfair to punish a student for behavior that may be caused by the disability.

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Explore IDEA, ADA, and IEPs governing rights and education for students with disabilities. Understand Free Appropriate Public Education (FAPE) and Least Restrictive Environment (LRE). Learn how IEPs and IDEA provide funding and structure.

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