EDUCATION LEGISLATION & LITIGATION RELATING TO STUDENTS WITH SPECIAL NEEDS IN THE UNITED STATES 1965 - 2008

I.

Key Legislation Relating to Students with Special Needs

A.

1965: The Elementary and Secondary Act 1972: Health and Rehabilitation Act (PL 93-112) 1975: The Education for all Handicapped children Act of 1975 (PL 94-142) 1986: The Education of the Handicapped Act Amendments (PL 99-457)
(1)
(2)

(3)
http://www.ncbi.nlm.nih.gov/pubmed/2801456 Expanded the scope of 94-142 to include early intervention and early childhood education. Services for students with disabilities were expanded to include ages 3-21.

B.
C.
D.

E.

1988: Elementary and Secondary Education Act (ESEA).

(1)

The Jacob K. Javits Gifted and Talented Education Act (Three Primary Components)
(a)

(b)

(c) the research of effective methods of testing, identication, and programming, which is performed at the National Research Center on the Gifted and Talented; the awarding of grants to colleges, states, and districts that focus on underrepresented populations of gifted students; grants awarded to state and districts for program implementation.

F.

1990:
The Individuals with Disabilities Education Act (PL 101-476)
(1)
(2)


(a)
(b)
(c)

(d)

http://www.slideshare.net/rbarnabas/idea-1990-pl-101476-presentation-801093 I.D.E.A. Signicantly altered 94-142 in four ways.

Children were re-termed individuals. The term handicapped was changed to persons with disabilities. Transition plans were put into place for students preparing to enter the workforce or further education. Autism and traumatic brain injury were added to the list of identied disabilities.

G.
H.
I.

1990: Public Law 94-142 becomes the Inidividuals with Disabilities Education Act. 1990: Americans with Disabilities Act (PL 101-336) 1997:
Individuals with Disabilities Education Act Amendments (IDEA) (PL 105-14)

EDUCATION LEGISLATION & LITIGATION RELATING TO STUDENTS WITH SPECIAL NEEDS IN THE UNITED STATES 1965 - 2008

J.

2002: No Child Left Behind Act (PL 107-110)

(1)

(2) (3)

(4)

(5)

An Act to close the achievement gap with accountability, exibility, and choice, so that no child is left behind. Every school must make Adequate Yearly Progress in reading and mathematics. The mandated deadline for all students (including those with special needs) to meet the stated goals is 2013-2014. The music teacher is often asked to assist the primary classroom teacher in providing remediation in math and reading to prepare the student for annual testing. Students who need remediation are often denied access to the music in order to pass the required testing.

K.
L.

2004: Individuals with Disabilities Education Improvement Act of 2004 P.L. 108-446 2006: Individuals with Disabilities Education Act Amendment (Part B for school aged children)
(1)
(2)

The nal regulations were published on Aug. 14, 2006. IDEA Regulations
(a)
(b)
(c)
(d)
(e)
(f)

(g)
(h)
(i)
(j)
(k)
(l)
Identify the members of the IEP Team. Identify instances when an IEP Team member may not need to attend. Provide for inviting representatives from the Part C system. Require that the notice inform parents of other IEP Team participants. Revise requirements for when transition content must be included in an IEP meeting notice. Set forth provisions regarding consideration of Individualized Family Services Plans (IFSPs) for children aged three through ve. Require that the IEP be accessible to teachers and others responsible for its implementation. Address the IEP for a student who transfers to a different school district in the state. Address transmittal of records for students who transfer. Add a new provision for amending the IEP without another meeting. Encourage consolidation of IEP meetings. Provide for the review and, as appropriate, revision of the IEP.

(m)
(n)

Authorize alternative means of meeting participation. http://idea.ed.gov/explore/view/p/,root,dynamic,TopicalBrief,9,

EDUCATION LEGISLATION & LITIGATION RELATING TO STUDENTS WITH SPECIAL NEEDS IN THE UNITED STATES 1965 - 2008

M.

2008: ADA Amendments Act of 2008 (PL 110 - 325)

(1)
ADAAA Changes Apply to Section 504
(a)

(b)

(c)









The new law amends the meaning of "disability" in the ADA and the Rehabilitation Act of 1973, of which Section 504 is a part. Changes now share provisions including a conforming amendment to the Rehabilitation Act of 1973 that affects the meaning of "disability" in Section 504. Section 504 updated: Greater eligibility and accommodations for students with LD, AD/HD. Learn about recent improvements made to Section 504, a civil rights law that now provides protection and accommodations to even more students with LD and/or AD/HD.

N.

(d)
http://www.wrightslaw.com/info/sec504.adaaa.htm
(e)
It is important for music educators to be aware of these and future legislative changes

because more students will be eligible for Section 504 Plans as a result of the ADA

Amendments. (2)
How can the LEAST RESTRICTIVE ENVIRONMENT be applied in the music classroom? 2011: Individuals with Disabilities Education Act Amendment (Part C for Babies & Toddlers) http://nichcy.org/laws/idea

II.
Current Structure of Special Education in our schools








`





A.


B.



C.



INFLUENCED BY (1)
The Civil Rights Movement (2)
Parents and Advocates of students with special needs PROVIDES (1)
VISION that all students (those with and without special needs) have the opportunity to learn
and grow within the whole of society regardless of differences and diversity (2) The Widened Lens of Inclusion INEQUITIES STILL EXIST (1)
Racial segregation is now a social "taboo" (2)
Children with Autism or Down Syndrome often must be transported great distances away from
their neighborhood schools

III.
The Broad Scope of SPECIAL NEEDS


A.
B.
MENTALLY & PHYSICALLY CHALLENGED GIFTED AND TALENTED

EDUCATION LEGISLATION & LITIGATION RELATING TO STUDENTS WITH SPECIAL NEEDS IN THE UNITED STATES 1965 - 2008

IV.
Texas Education Agency













A.



B.

TEKS Guidelines (MUSIC) (1)
Elementary (2)
MIddle (3)
High School Integration of IEP Goals with the mandatory TEKS Goals established by the TEA

V.
Litigation
A.


B.
1896: Plessy v. Ferguson, 163 U.S. 537 (1896), is a landmark United States Supreme Court decision in the jurisprudence of the United States, upholding the constitutionality of state laws requiring racial segregation in public facilities under the doctrine of "separate but equal." 1954:
Brown vs. Board of Education