Legal Foundations

of
Special Education

Special Education
Paraprofessional Workbook
Module 1
 Before 1973
Federal government began to
develop and validate practices
for children with disabilities and
their families.
Practices provided foundation
for early intervention and
special education programs and
services.
 Section 504
Regulations require a school district
to provide a free appropriate public
education (FAPE)
FAPE = regular or special education
and related aids and services to
meet students individual
educational needs as adequately as
those of nondisabled students
 FERPA
Protects the privacy of student
education records.
Gives parents certain rights that later
transfer to the student (eligible
students).
Schools must have written
permission from the parent or eligible
student to release information from a
students education record.
 FERPA
FERPA allows disclosure
without consent:
School officials with legitimate
educational interest
Other schools to which a student
is transferring
Specified officials for audit or
evaluation purposes
 FERPA
Appropriate parties To comply with a
in connection with judicial order or
financial aid lawfully issued
Organizations subpoena
conducting certain Appropriate officials in
studies for or on cases of health and
behalf of the safety emergencies
school State and local
Accrediting authorities, within a
organizations juvenile justice
system, pursuant to
specific state law
 FERPA
Schools may disclose, without
consent, directory information.
Schools must notify parents or
eligible students annually of their
rights under FERPA.
Learn more by watching this
video:
https://youtu.be/nhlDkS8hvMU
 Education for All
Handicapped Children Act
Public Law 94- individualized
education program
142 (EHA) (IEP) for each
Key provisions: child;
free appropriate education of
children with
public disabilities
education alongside children
(FAPE) for without disabilities
children with (least restrictive
disabilities environment, or
aged 3-21; LRE);
 Education for All
Handicapped Children Act
Testing and Involvement of
evaluation materials parents and others;
and procedures A state plan that
which are (1) not addresses
racially or culturally personnel
discriminatory, and development,
(2) provided and including in-service
administered in the training of general
childs native and special
language or mode educational
of communication; instructional and
support personnel;
 Education for All
Handicapped Children Act
A state advisory panel to include
teachers and parents or guardians of
children with disabilities; and
Due process rights and procedures.
Learn more by watching this video:
www.youtube.com/watch?
v=qn0TDGzHq_4
 Carl D. Perkins
Vocational Education Act
Public Law 98-524
Vocational education programs
made accessible to special
populations, including
individuals with disabilities
(1984)
Education of the Handicapped Act
Amendments of 1986

Reauthorized the EHA.

Expanded EHA to include
infants and toddlers with
disabilities.
Early intervention services (EIS)
for children birth to age 2.
Education of the Handicapped Act
Amendments of 1986

EIS included:
Family training, counseling, and
home visits;
Special instruction;
Speech pathology and audiology;
Occupational and physical
therapy;
Psychological services;
Education of the Handicapped Act
Amendments of 1986
Case management services;
Medical services for diagnostic or
evaluation purposes;
Early identification, screening, and
assessment services; and
Health services necessary to
enable the infant or toddler to
benefit from the other early
intervention services.
Education of the Handicapped Act
Amendments of 1986

Written individualized family

service plan (IFSP) for each
infant and toddler with
disabilities
Learn more by watching this
video:
www.youtube.com/watch?
v=JX4-jbvvPDo
 Americans with Disabilities Act
(ADA)

ADA prohibits discrimination on

the basis of disability in
employment, state and local
government, public
accommodations, commercial
facilities, transportation, and
telecommunications.
 Americans with Disabilities Act
(ADA)
The ADA defines an individual with a
disability as a person who has a
physical or mental impairment that
substantially limits one or more
major life activities, a person who
has a history or record of such an
impairment, or a person who is
perceived by others as having such
an impairment.
 Americans with Disabilities Act
(ADA)
State and local governments
must:
Give people with disabilities an
equal opportunity to benefit from all
of their programs, services, and
activities.
Follow specific architectural
standards in the new construction
and alteration of their buildings.
 Americans with Disabilities Act
(ADA)

Relocate programs or otherwise

provide access in inaccessible
older buildings, and communicate
effectively with people who have
hearing, vision, or speech
disabilities.
Learn more by watching this
video: www.youtube.com/watch?
v=Km2WF4F7t8M
 No Child Left Behind Act
(NCLB)

Reauthorization Purpose of Title 1,
Improving the Academic
of Elementary Achievement of the
Disadvantaged, is: to
and Secondary ensure that all children
Education Act have a fair, equal, and
significant opportunity to
of 1965 (ESEA) obtain a high-quality
education and reach, at
a minimum, proficiency
on challenging state
academic achievement
standards and state
academic assessments.
 Individuals with Disabilities
Education Act (IDEA)
Replaced the Maintained key
EHA of 1975 and elements of the
its Amendments earlier law, such
of 1986. as FAPE, LRE
Placed greater and IEP.
emphasis on the
individual, rather
than on the
individuals
condition.
 Individuals with Disabilities
Education Act (IDEA)
Included new By replacing the word
categories for special handicap with
education and related disabilityincluding the
services, such as very name of the law
the IDEA placed the
autism, developmental
person first.
delay, and traumatic
Required particular
brain injury.
procedures be followed
Additional special in the development of
education services, the IEP.
including transition Learn more by watching
and assistive this video:
technology services, www.youtube.com/watch
were added. ?v=tzVjpx6Qe7M
END