Special Education Law in the United States Quiz

Answer: Brown v. Board of Education

Although the issue in Brown v. Board was racial, the ruling opened up public education for ALL students. The ruling says that free public education is a property right and cannot be denied to ANY citizen without due process.

What then followed was a series of lawsuits based on Brown v. Board. In all of them, the courts found that states had to offer equal access to education for students with disabilities. In reaction to these cases, the federal government legislated the implementation of Special Education with The Education for All Handicapped Children Act in 1975.

Education is not mentioned in the Constitution. Thomas Jefferson proposed an amendment that would have put education under Federal control, but Congress did not consider it - therefore education is still (theoretically) under state control.

Answer: ILRP

An Individualized Family Service Plan (IFSP) is for children ages 0-3. It assists parents in dealing with their child's disability and includes a transition plan to prepare the child for preschool. An Individualized Education Plan (IEP) is for students from 3 years old until they graduate from high school (or age 22) and covers their educational goals. An Individualized Transition Plan (ITP) is mandated for students 14 years and older (although any student with an IEP can have an ITP).

The ITP is used to prepare students for life after high school.

Answer: Anyone you want

Under the law, a parent can bring whomever they want as an advocate. There are many reasons that a parent may want to bring an advocate to the meeting. They may want moral support or they may not be familiar to the whole process. I have seen cases where the parent was so distraught over their child's disability, their advocate was a relative that could discuss the disability objectively.

Theoretically everyone at the meeting wants what is in the best interest of the student, but sometimes there is an adversarial relationship between the parent and the school. In these cases, the advocate is there to ensure that the parent's interest is protected or to prepare for a due process hearing.

Answer: The definition of disability is different

Section 504 of the Vocational Rehabilitation Act of 1974 says that no one can be denied opportunities made available by Federal funds on the basis of a disability. Since public schools receive federal funds, they cannot deny educational opportunities to a disabled student.

The history of this law starts after World War I with the returning veterans. With this law, a disability is defined as that which substantially limits a function of life such as breathing, walking, etc. and can be permanent or temporary. Suppose you break your leg. Can the principal bar you from school because it creates inconveniences? Nope! The school needs to give you a "504"

Another major difference between Special Education and Section 504's are that 504's are done exclusively within General Education. Education specialists can (and often do) act as consultants on the accommodations that can be offered, but they are not responsible for the process and a "504" is not Special Education.

Answer: The Education for All Handicapped Children Act of 1975 (EHA)

In Special Education, the public law number is often used instead of the title of the law. PL 94-142 (The Education for All Handicapped Children Act of 1975) was written in response to PARC v. Commonwealth of Pennsylvania (1971) and was the first Special Education law. It mandated that all students receive a Free and Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). It also mandated that an Individualized Education Plan (IEP) be done for each student receiving special education. I skipped PL 98-199 (amendments passed in 1983). That law along with PL 99-457 (amendments passed in 1986) improved this Act.

In 1990, PL 101-476 changed the name Individuals with Disabilities Education Act (IDEA) was a sweeping reform and added considerably to the requirements of special education. PL 105-17 are the amendments passed in 1997. This law is currently undergoing reauthorization.

Answer: It depends on the state

Courts have consistently upheld that a high-school diploma is not a property right but is at the discretion of the state. Some parents have (unsuccessfully) sued states to NOT give their child with a disability a diploma. They do this so that their child can get a free public education until age 22.

In case you were curious about Rostker v. Goldberg, this was a 1981 Supreme Court decision challenging the law that only males needed to register for the Selective Service. In this ruling, the Supreme Court ruled that discrimination is legal if the two groups in question are "not similarly situated". I am not aware of any cases of this case being used to justify segregation of Special Education students.

Answer: 18%

This is the LARGEST percentage that the Federal government has ever funded Special Education. The natural question is how can Congress get away with this since unfunded mandates are unconstitutional? Simple, if states refuse to implement IDEA, they lose their portion of the 18%. Some states are starting to fight this sort of underfunding - two states have rejected "No Child Left Behind" and the federal funds that would accompany its implementation claiming that it would cost more money than Congress is giving.

This underfunding is especially hard on school districts. Lack of funding is not an acceptable excuse for not providing needed accommodations for a student receiving Special Education. Instead the money must be taken from other areas of the education budget. Some legislators have tried to get Congress to live up to its 40% commitment, but so far all attempts have failed.

Answer: Neither of these

After a student finishes high school, they no longer receive Special Education. They do not receive a free public education, they do not have an IEP, and they do not have a spectrum of settings to choose from. They can receive accommodations, but this falls under the Americans with Disabilities Act.

Answer: Use "profession discretion" and not implement the accommodation

All accommodations in an IEP are mandated with the full force of Federal law. Most of the teachers that are sued for violating Special Educational law are not special ed teachers, but general ed teachers that ignore accommodations in IEPs.

Although parents filing for due process hearings are common, a member of the IEP team can file for their own hearing. This is extraordinarily rare as it would be committing career suicide and the District would probably find for the original decision to avoid a lawsuit from the parents.

Answer: No

Most general education teachers get this wrong. Not only is a teacher allowed to use their professional discretion in giving accommodations to students, they are legally REQUIRED to do so before recommending a student for Special Education testing.

Here's how I explain it to other general ed teachers. Suppose a student with poor eyesight breaks their glasses. They want to sit in the front row until their glasses are fixed so that they can see the board better. Isn't this an accommodation? Does it create an unfair advantage? Why not?

If you are interested in what accommodations you can provide for a student, ask you counseling office for the "PRIM" (Pre-Referral Intervention Manual). It contains a list of accommodations based on the difficulties the student is having.