THE LAWS
The laws referred to in the introduction are: "Section 504
of the Rehabilitation Act of 1973" (Public Law 93-112); the
"Education for All Handicapped Children Act" (Public
Law 94-142); "Handicapped Children's Protection Act of
1986" (Public Law 99-372); "Education of the
Handicapped Act Amendments of 1986" (Public Law
99-457); the “Technology Related Assistance for Individuals
with Disabilities Act of 1988” (Public Law 103-218); the
"Education of the Handicapped Act Amendments of 1990"
(Public Law 101-476, now called the Individuals with Disabilities
Education Act or IDEA); the Americans with Disabilities Act,
commonly referred to as the ADA; the “Gun Free Schools Act
of 1994”
(Public Law 103-382), and IDEA 1997.
These laws recognize a national pattern of discrimination against
persons with disabilities and attempt to reverse these trends
through increased opportunities for inclusion in society's
mainstream. The laws maintain that if people are to be fully
integrated into their communities and have the ability to make
choices, they must have the opportunity and support to do so at
the earliest possible age. If people are to develop responsible
citizenship and contribute to society, they must be a part of the
society, not isolated or segregated because of their disability.
Although the language of law is often complicated and difficult
to read, you should make an effort to understand the major points
of these laws, your rights and entitlements, and the procedures
developed to safeguard them.
The law also recognizes that including persons and making
available existing programs does not assure equal opportunity. In
a number of contexts, persons with disabilities may need
different or specialized treatment to ensure that they can take
advantage of an opportunity. For example, a child who has a
hearing impairment who is admitted to a regular classroom is not
being given an equal opportunity to obtain an education unless
he/she is provided with some means of understanding the teacher.
(Under Section 504, "access" to a program goes beyond
enabling a person to be physically present. It is the burden of
any program receiving federal funds to make programs accessible
through physical accommodations and the provision of appropriate
supports.) It is often through these provisions that integration
and opportunity become meaningful experiences for persons with
disabilities.
Section 504 of the Rehabilitation Act of 1973
Section 504 was the first federal civil rights law to protect the
rights of persons with disabilities. Its language is very similar
to other civil rights legislation applying to discrimination on
the basis of race and sex. The law "... establishes a
mandate to end discrimination and to bring handicapped persons
into the mainstream of American life." It provides that:
No otherwise qualified handicapped person shall, on the basis of
handicap, be excluded from participation in, be denied the
benefits of, or otherwise be subjected
to discrimination under any program or activity which receives or
benefits from Federal financial assistance.
In reviewing Section 504, you should pay particular attention to
Subpart D of its implementing regulations which ... "applies
to preschool, elementary, secondary, and adult education programs
that receive or benefit from Federal financial assistance and to
recipients that operate or that receive or benefit from Federal
financial assistance for the operation of such programs or
activities."
(Regulation 104.31)
The final regulations for Section 504 were published in the May
4, 1977 issue of the Federal Register, Vol. 42, No. 86. A copy
can be obtained through your Representative in Congress or by
contacting:
Mr. Gary Walker, Regional Director
United States Department of Education
Office for Civil Rights, Region IV
61 Forsyth Street
Room 19-T-70
Atlanta, Georgia 30303
(404) 562-6350
Education for All Handicapped Children Act (Public Law 94-142)
Public Law 94-142 has two major points of focus. First, it
requires all states to provide full educational opportunities to
all children with disabilities and guarantees procedural
safeguards in their identification, evaluation, and educational
placement. The second, and possibly more important point, is to
insure that children with disabilities, including those in public
and private institutions, are educated to the maximum extent
possible with children who do not have disabilities. The law
stipulates that special classes, segregated education, or other
removal of children with disabilities from the regular classroom
setting occur only when the nature or severity of the handicap is
such that education in regular classes cannot be achieved even
with supplementary supports or services.
The final regulations as to how the law is to be implemented were
published in the August 23, 1977 issue of the Federal Register,
Vol. 42, No. 153. You should be able to obtain a copy of the
regulations from your Congressperson, your local school board, or
by ordering it from the:
Superintendent of Documents
U.S. Government Printing Office
Washington, D.C. 20402
There may be a small charge for copies.
It is also advisable to obtain a copy of the current state
regulations and local special education plans. It is important
for you to know how they interpret the law and how they plan to
achieve compliance. Copies of these plans may be obtained from
your local school superintendent or through the:
Division for Exceptional Students
Office for Instructional Services
State Department of Education
1866 Twin Towers East
Atlanta, Georgia 30334
(404) 656-2425
Handicapped Children's Protection Act of 1986 (Public Law 99-372)
This law provides that a court "may award reasonable
attorney's fees as part of the costs to the parents or guardian
of a handicapped child or youth who is the prevailing party"
in a due process hearing or lawsuit brought under the provisions
of IDEA.
Because it amends P.L. 94-142, this appeared as part of the text
of that statute and could be obtained from the source mentioned
above. It is now part of IDEA.
Education of the Handicapped Act Amendments of 1986 (Public Law
99-457)
This law, which is primarily a funding statute, lowered the
mandate of P.L. 94-142 to cover disabled children who were three
years old by 1991. In addition, this legislation allowed for the
creation of a program which provides services to infants and
toddlers with disabilities and their families. An essential
component of this program is a state-wide system which provides
services to these young children. Through the development of an
Individualized Family Service Plan, each child receives a
multidisciplinary assessment, the goal of which is to identify
his or her unique needs and to assure that appropriate services
are delivered. This legislation also reauthorized discretionary
programs within the Education of the Handicapped Act. This, too,
is now incorporated into IDEA.
Technology Related Assistance for Individuals with Disabilities
Act of 1988
(Public Law 103-218)
The Technology Related Assistance for Individuals with
Disabilities Act is a federal law that involves the state and
federal governments in promoting the availability of and access
to assistive technology devices and services. An assistive
technology device is any item, piece of equipment, or product
system that is used to increase or maintain the functional
capabilities of individuals with disabilities. Assistive
technology services are those services that aid in the selection,
acquisition, and use of assistive technology services.
States are given grants by the federal government to develop and
implement a variety of activities that are designed to increase
awareness of and access to assistive technology. The Governor of
the state designates an agency to administer this grant. Some of
the activities which the state might conduct include the
demonstration of assistive technology, creation of recycling
efforts that allow equipment to be used for longer periods of
time or by more than one individual, assessment of needs within
the state, and outreach. In Georgia, some services provided
include information and referral, evaluation and recommendations,
the locating of alternate funding sources, and the demonstration
and loaning out of equipment. (See Section describing GPAT,
page 25 - 26.)
Students’ rights to assistive technology devices and
services derive from many of the laws discussed above. This
legislation discussed the federal acknowledgement of the
importance of assistive technology and need to develop state
systems that promote access to it.
Education of the Handicapped Act Amendments of 1990
(Public Law 101-476, also referred to as IDEA)
The Education of the Handicapped Act Amendments of 1990 were
signed into law on October 30, 1990 and resulted in numerous
changes to the EHA.
IDEA Amendments of 1997 (Public Law 105-17)
More than two years after the negotiating began, an IDEA
reauthorization bill was passed. The U. S. House of
Representatives and Senate voted to adopt the same version of the
bill in May and President Clinton signed it into law on June 4,
1997. Several significant changes were made which include the
following:
Parent Rights
• School systems now must invite parents to participate in
eligibility meetings as well as placement and manifestation
determination meetings.
• Parents must now consent to reevaluations as well as
initial evaluations.
• Parents must be informed of their children’s progress
(ie. report cards) as often as the parents of children without
disabilities.
• The term “parent” now also can be defined as
including legal guardians and surrogate parents.
These rights are to be transferred by the State from the parent
to the student with disabilities who has reached the age of
majority under State law (18 in Georgia) but who has not been
determined incompetent under Georgia law. To do this, the State
must ensure that:
• Both the student and the parents are notified in writing
or in a way they can understand, of the proposed transfer.
• All rights are transferred.
• All notices regarding reevaluations, meetings, etc. are
provided to both student and parents.
• This can also be done for students who are incarcerated.
If the student, after turning 18, has been declared by a court to
be incompetent, or if it is determined that the student does not
have the ability to provide informed consent for his/her
educational program, the parent or another appropriate individual
will be appointed to represent the educational interests of the
student as long as s/he remains eligible for services under the
law.
IEPs
• A regular education teacher must be part of the IEP team
if the child is to participate in regular education.
• IEPs must describe how a child’s disability impacts
on his/her performance in the regular curriculum, should contain
goals and benchmarks or short term objectives that detail the
supports needed to help the child succeed in regular education.
• Behavior issues and resultant behavior intervention plans
will now need to be addressed through the IEP process.
• Under IDEA ‘97 IEPs must contain several statements
regarding participation in regular education and a justification
for why participation in regular education would not be
appropriate if the IEP so indicates.
• The IEP review must include discussion of the goals from
the previous year and progress made. A lack of progress must also
be reviewed and explored.
Discipline
• The law requires educational services be provided for
special education students who are considered to be dangerous or
unruly.
• It expands the group of students for whom 45 day
alternative placements may be made to include not only students
who bring firearms to school but also those who bring other
weapons, or illegal drugs.
Private and Charter Schools
Growing numbers of students are leaving public schools to pursue
other educational options.
• Children with disabilities who attend private schools will
be entitled to a proportionate amount of IDEA funds which may be
provided to them on the grounds of the private or parochial
school to the extent consistent with the law;
• Parents must however notify their local school system, in
writing of their concerns and their intent to transfer the child,
at the IEP meeting or 10 days prior to making the transfer.
• Charter schools, with their experimental educational
programs and varied teaching strategies, have become a popular
new option for many students.
• Until recently, there were many questions as to what
extent special education laws applied to students with
disabilities who were enrolled in such schools.
• Federal regulations which were issued in March, 1999
clearly state that the IDEA, its rights and provisions are to be
applied to students with disabilities in public charter schools.
There are several other changes contained in IDEA ‘97
including those having to do with funding, educating students
while imprisoned, attorneys fees, etc. which may be described in
more detail in other sections of this publication.
The Americans with Disabilities Act, 1990 (referred to as ADA)
The Americans with Disabilities Act (ADA) is one other federal
law which impacts school districts by requiring them to provide
more services and opportunities for students with disabilities.
Because of the far-reaching provisions of the ADA, school
districts are now required to comply with it, specifically in
areas such as employment, transportation, and physical
accommodations/accessibility. Title II of this statute requires
“that public entities [such as schools] make reasonable
modifications in policies, practices and procedures where
necessary to avoid discrimination on the basis of disability
...”
Gun Free Schools Act of 1994 (Public Law 103-382)
In October, 1994, the “stay-put” provision of the IDEA
was expanded to cover situations in which a student with a
disability is determined to have brought a weapon to school. In
such a situation, the student will be placed in an alternate
educational setting determined by the IEP committee for up to 45
calendar days, or during the pendency of due process proceedings
unless otherwise agreed.
Beyond the Laws
After much observation and study, it seems that the present
system of special education in Georgia, as well as in most other
places, contradicts the intent of the people who drafted P.L.
94-142 and the various other statutes. In examining education
today, we see two separate systems: one which does an acceptable
job for typical students -- or those with less visible
disabilities -- and a woefully inadequate system for educating
students with more obvious handicapping conditions. Instead of
using the varying skills, learning styles, strengths and
weaknesses of all children to teach them to be more accepting of
one another's differences and similarities, we keep them apart,
thereby denying all children the benefits of a more complete
educational experience. Special education as we know it, has not
worked. Goals and objectives remain unattained. Graduation rates
are distressingly low. More importantly, keeping children apart
in school, almost guarantees that children with disabilities will
be denied the "normal" childhood experiences of
learning from, and growing with friends.
The commonly used "pull out" approach -- removing
children with special learning needs from regular classes -- has
been the most frequently used strategy for teaching students with
what were thought to be "special" learning needs.
Although done with the best of intentions, the pull out approach
simply seems to ignore the larger problem that regular classroom
learning environments have not been designed to accommodate the
educational needs of all students. The pull out approach has been
justified by the unfounded assumption that poor school adjustment
and performance are caused by characteristics or faults of the
students rather than the quality of the learning environment.
It is our opinion, that a comprehensive approach which combines
the best features of special and regular education is the better
way for children to learn. In short, when special education
becomes a second or separate system, everyone loses, but if you
bring all children together, you create on many levels --
emotional, financial, and practical -- possibilities that are
much more exciting, not just for children with visible
disabilities, but for all of education itself.
Alternatives to an IEP
Many children have difficulty learning in a traditional classroom
with traditional teaching styles. This does not mean, however,
that they must either be sent to a different classroom or that
they are doomed to fail. Alternatives have been developed which
can help provide needed supports to the child with difficulties
and/or disabilities to allow his/her participation in regular
education settings. When used creatively, these can be attractive
alternatives to the IEP process to avoid the almost certain
segregation of students in Georgia once they are labelled as
“special ed.” Some possibilities are listed below.
I. Student Support Team Plan: The Student Support Team (commonly
referred to as SST) is defined as “an interdisciplinary
group that addresses the needs of students having problems in
school.” Its stated purpose “is to improve the delivery
of instructional services to students experiencing problems of an
academic, social or behavioral nature in school and to serve as a
resource for teachers and other educators in the delivery of
these services.”
Requirements
1. Each school is required to have a student support team and to
develop procedures accordingly.
2. Evaluation or assessment of the student must be conducted
before any referral is made for additional supplemental or
support services
(e.g., special education).
3. The SST shall include at least the referring teacher and one
or more of the following persons:
a. Parent;
b. Principal;
c. General education teacher;
d. Counselor;
e. Lead teacher;
f. School psychologist;
g. Subject area specialist;
h. Media specialist;
i. Special education teacher;
j. School social worker;
k. Central office personnel;
l. Other appropriate personnel.
4. The SST process shall include the following steps:
a. Identification of student needs;
b. Assessment, if necessary;
c. Educational plan, with detailed modifications, alternatives
and suggestions (e.g. oral tests, notetaker, use of a tape
recorder, etc.);
d. Implementation (hows and whens);
e. Follow up and support;
f. Continuous monitoring and evaluation.
5. A written record shall be kept, with a copy provided to the
parent of all activities outlined above. The important point for
parents to remember is: Anyone can request an SST meeting -
including you. If your child is
having trouble at school, keep a record of the details, and call
the school to ask for help.
II. ß 504 Plan: Section 504 of the Rehabilitation Act of 1973
guarantees students with disabilities equal access to their
education to that of typical students. The intent of the law is
to modify or accommodate for learning differences within the
regular education environment. Consequently, if a student with
disabilities needs some classroom modifications, or assistive
technology in order to provide them with an equal opportunity to
learn, these can be provided through a ß 504 plan.
You as the parent should request that such a plan be developed
for your child. You may do that by contacting the person
designated as the 504 Coordinator by your local Board of
Education. Use your judgment and/or experience to decide whether
to do this over the telephone, by mail, or both.
Some examples of the various modifications which can be made for
students as part of ß 504 plan include but are not limited to
the following:
Teaching Strategies
Use of a variety of teaching methods.
• Allow alternative testing procedures such as allowing
additional time; giving tests orally; allowing students to
dictate answers into a tape recorder.
• Individually tailor (e.g., reduce) class work and homework
assignments.
• Utilize technology such as computers, calculators, tape
recorders.
• Provide class notes prepared by either another student or
the teacher.
• Provide duplicate textbooks for use at home.
• Provide assignment sheets.
Use of additional personnel
• Peer tutors.
• Cooperative student learning groups.
• Paid paraprofessionals.
• Volunteer aides (parents, grandparents).
Use of alternate materials
• Use materials which address the student’s learning
style such as visual, tactile, auditory, etc.
• Vary the reading level of materials to individual levels.
Communication
Increase parent/student/teacher communications.
• Regular/frequent telephone calls or e-mails.
• Develop a daily/weekly notebook.
• Schedule parent/teacher meetings as often as necessary.
Increase staff communications.
• Create networks between special and regular education
staff.
• Keep principal informed as to what is being done.
Management
• Modify the student’s day/week.
• Allow additional time to change classes.
• Adjust student’s seating in classroom (e.g. use of
study carrel, or seat the student in front or on either the
extreme left or right side of the room to accommodate vision
problems).
Testing
Use alternative format.
• Multiple choice.
• Matching.
• True/False.
• Fill in Blank, with or without word bank.
Make test as short as possible.
Space questions far apart to increase readability.
Allow oral testing either into a tape recorder or with a person.
This list is by no means exhaustive as the types of modifications
which are needed can be as varied as the students.
One final suggestion is that a student can be served in the
regular education environment and still receive necessary related
services such as speech, occupational and physical therapy as
indicated in the following letter received by our office from the
Office for Civil Rights within the U.S. Department of Education.
We have recently become aware of an issue which has caused
confusion and disagreement among parents and educators in
Georgia. Specifically, differences have occured between some
school district officials and the parents of handicapped students
concerning whether handicapped students are eligible for related
aids and services although they are not enrolled in a special
education program. It is our understanding from information
provided by parents that some school district officials are under
the impression that a handicapped student must be enrolled in a
special education program in order to receive related aids and
services such as physical therapy, occupational therapy, speech
therapy or transportation. This assumption is incorrect.
The regulation implementing Section 504 of the Rehabilitation Act
of 1973 at 34 C.F.R. Section 104.33 states:
A recipient that operates a public elementary or secondary
education program shall provide a free appropriate public
education to each qualified handicapped person who is in the
recipient’s jurisdiction, regardless of the nature or
severity of the person’s handicap.
. . . the provision of an appropriate education is the provision
of regular or special education and related aids and services
that are designed to meet individual educational needs of
handicapped persons as adequately as the needs of nonhandicapped
persons are met. . . .
Therefore, under Section 504, a handicapped student may require
and a school district may be required to provide a related
service without the student’s placement in a special
education program.
We hope that the foregoing is of assistance to you and your
staff. If we can provide further information with respect to this
or other issues, do not hesitate to call on us.
Assistive Technology (AT)
Since ß 504 requires that students with disabilities be given
equal access to their education as that of their peers without
disabilities, providing access may occasionally require an AT
device. In general, the procedures to be followed include the
following:
• An appropriate evaluation must be conducted.
• A group of people who are knowledgeable about the student
must meet to discuss the evaluation results.
• The student‘s needs and services to be provided must
be committed to writing (in a ß 504 plan).
Obtaining an Education Under IDEA
The following text describes the process that you will go through
in obtaining an education for your child with disabilities. It
discusses your involvement at each stage and points out areas of
possible difficulty. Procedures for handling disagreements with
school officials are discussed in detail.
We suggest that you begin your involvement by developing a
record-keeping system. You should make notes of every contact
with school officials or other professionals who have been
involved with your child. Record dates, places, and what was
discussed, and with whom. Keep copies of all written
correspondence, and perhaps most important, keep a diary of your
child's behavior, needs, strengths, and problems. All of this
information will be helpful when crucial decisions must be made.
Be prepared to face obstacles, and when the time comes, don't
hesitate to ask someone for help. Learn to present your position
effectively, and recognize that through your efforts, attitudes
will change.
After years of effort by lots of different people, many pieces of
legislation were passed in an attempt to get appropriate services
in the public schools for children with disabilities. This manual
was developed around the laws and their procedural safeguards,
yet recognizes that laws, in and of themselves, do not change
attitudes. People change attitudes.
Children with disabilities have as many and varied gifts,
strengths, skills and weaknesses as anybody else and need to
belong, to be taught and nurtured so that these strengths,
skills, gifts, and even weaknesses can grow, develop and change.
This manual attempts to provide you with information about the
laws that may be useful to, and supportive of you in your effort
to advocate for your child’s right to a free and appropriate
public education. There are names, phone numbers, and addresses
of people and agencies who may help you in your efforts. There is
also a list of resources and some ideas that may be useful as you
try to achieve an inclusive education for your child.
More than that, this manual has tried to share with you the
spirit behind the legislation. Our federal government has
expressed repeatedly, through laws and case law, the preference
that there be one education system that values all students. They
have further expressed a strong preference that the regular
classroom in the neighborhood school should be the first option
for educating students with disabilities. It is up to all of us,
as a community, that administrators and teachers receive the
information, training, and help they need to make this option not
only the first considered, but the best and most successful, as
well.
THE LAWS
The laws referred to in the introduction are: "Section 504
of the Rehabilitation Act of 1973" (Public Law 93-112); the
"Education for All Handicapped Children Act" (Public
Law 94-142); "Handicapped Children's Protection Act of
1986" (Public Law 99-372); "Education of the
Handicapped Act Amendments of 1986" (Public Law
99-457); the “Technology Related Assistance for Individuals
with Disabilities Act of 1988” (Public Law 103-218); the
"Education of the Handicapped Act Amendments of 1990"
(Public Law 101-476, now called the Individuals with Disabilities
Education Act or IDEA); the Americans with Disabilities Act,
commonly referred to as the ADA; the “Gun Free Schools Act
of 1994”
(Public Law 103-382), and IDEA 1997.
These laws recognize a national pattern of discrimination against
persons with disabilities and attempt to reverse these trends
through increased opportunities for inclusion in society's
mainstream. The laws maintain that if people are to be fully
integrated into their communities and have the ability to make
choices, they must have the opportunity and support to do so at
the earliest possible age. If people are to develop responsible
citizenship and contribute to society, they must be a part of the
society, not isolated or segregated because of their disability.
Although the language of law is often complicated and difficult
to read, you should make an effort to understand the major points
of these laws, your rights and entitlements, and the procedures
developed to safeguard them.
The law also recognizes that including persons and making
available existing programs does not assure equal opportunity. In
a number of contexts, persons with disabilities may need
different or specialized treatment to ensure that they can take
advantage of an opportunity. For example, a child who has a
hearing impairment who is admitted to a regular classroom is not
being given an equal opportunity to obtain an education unless
he/she is provided with some means of understanding the teacher.
(Under Section 504, "access" to a program goes beyond
enabling a person to be physically present. It is the burden of
any program receiving federal funds to make programs accessible
through physical accommodations and the provision of appropriate
supports.) It is often through these provisions that integration
and opportunity become meaningful experiences for persons with
disabilities.
Section 504 of the Rehabilitation Act of 1973
Section 504 was the first federal civil rights law to protect the
rights of persons with disabilities. Its language is very similar
to other civil rights legislation applying to discrimination on
the basis of race and sex. The law "... establishes a
mandate to end discrimination and to bring handicapped persons
into the mainstream of American life." It provides that:
No otherwise qualified handicapped person shall, on the basis of
handicap, be excluded from participation in, be denied the
benefits of, or otherwise be subjected
to discrimination under any program or activity which receives or
benefits from Federal financial assistance.
In reviewing Section 504, you should pay particular attention to
Subpart D of its implementing regulations which ... "applies
to preschool, elementary, secondary, and adult education programs
that receive or benefit from Federal financial assistance and to
recipients that operate or that receive or benefit from Federal
financial assistance for the operation of such programs or
activities."
(Regulation 104.31)
The final regulations for Section 504 were published in the May
4, 1977 issue of the Federal Register, Vol. 42, No. 86. A copy
can be obtained through your Representative in Congress or by
contacting:
Mr. Gary Walker, Regional Director
United States Department of Education
Office for Civil Rights, Region IV
61 Forsyth Street
Room 19-T-70
Atlanta, Georgia 30303
(404) 562-6350
Education for All Handicapped Children Act (Public Law 94-142)
Public Law 94-142 has two major points of focus. First, it
requires all states to provide full educational opportunities to
all children with disabilities and guarantees procedural
safeguards in their identification, evaluation, and educational
placement. The second, and possibly more important point, is to
insure that children with disabilities, including those in public
and private institutions, are educated to the maximum extent
possible with children who do not have disabilities. The law
stipulates that special classes, segregated education, or other
removal of children with disabilities from the regular classroom
setting occur only when the nature or severity of the handicap is
such that education in regular classes cannot be achieved even
with supplementary supports or services.
The final regulations as to how the law is to be implemented were
published in the August 23, 1977 issue of the Federal Register,
Vol. 42, No. 153. You should be able to obtain a copy of the
regulations from your Congressperson, your local school board, or
by ordering it from the:
Superintendent of Documents
U.S. Government Printing Office
Washington, D.C. 20402
There may be a small charge for copies.
It is also advisable to obtain a copy of the current state
regulations and local special education plans. It is important
for you to know how they interpret the law and how they plan to
achieve compliance. Copies of these plans may be obtained from
your local school superintendent or through the:
Division for Exceptional Students
Office for Instructional Services
State Department of Education
1866 Twin Towers East
Atlanta, Georgia 30334
(404) 656-2425
Handicapped Children's Protection Act of 1986 (Public Law 99-372)
This law provides that a court "may award reasonable
attorney's fees as part of the costs to the parents or guardian
of a handicapped child or youth who is the prevailing party"
in a due process hearing or lawsuit brought under the provisions
of IDEA.
Because it amends P.L. 94-142, this appeared as part of the text
of that statute and could be obtained from the source mentioned
above. It is now part of IDEA.
Education of the Handicapped Act Amendments of 1986 (Public Law
99-457)
This law, which is primarily a funding statute, lowered the
mandate of P.L. 94-142 to cover disabled children who were three
years old by 1991. In addition, this legislation allowed for the
creation of a program which provides services to infants and
toddlers with disabilities and their families. An essential
component of this program is a state-wide system which provides
services to these young children. Through the development of an
Individualized Family Service Plan, each child receives a
multidisciplinary assessment, the goal of which is to identify
his or her unique needs and to assure that appropriate services
are delivered. This legislation also reauthorized discretionary
programs within the Education of the Handicapped Act. This, too,
is now incorporated into IDEA.
Technology Related Assistance for Individuals with Disabilities
Act of 1988
(Public Law 103-218)
The Technology Related Assistance for Individuals with
Disabilities Act is a federal law that involves the state and
federal governments in promoting the availability of and access
to assistive technology devices and services. An assistive
technology device is any item, piece of equipment, or product
system that is used to increase or maintain the functional
capabilities of individuals with disabilities. Assistive
technology services are those services that aid in the selection,
acquisition, and use of assistive technology services.
States are given grants by the federal government to develop and
implement a variety of activities that are designed to increase
awareness of and access to assistive technology. The Governor of
the state designates an agency to administer this grant. Some of
the activities which the state might conduct include the
demonstration of assistive technology, creation of recycling
efforts that allow equipment to be used for longer periods of
time or by more than one individual, assessment of needs within
the state, and outreach. In Georgia, some services provided
include information and referral, evaluation and recommendations,
the locating of alternate funding sources, and the demonstration
and loaning out of equipment. (See Section describing GPAT,
page 25 - 26.)
Students’ rights to assistive technology devices and
services derive from many of the laws discussed above. This
legislation discussed the federal acknowledgement of the
importance of assistive technology and need to develop state
systems that promote access to it.
Education of the Handicapped Act Amendments of 1990
(Public Law 101-476, also referred to as IDEA)
The Education of the Handicapped Act Amendments of 1990 were
signed into law on October 30, 1990 and resulted in numerous
changes to the EHA.
IDEA Amendments of 1997 (Public Law 105-17)
More than two years after the negotiating began, an IDEA
reauthorization bill was passed. The U. S. House of
Representatives and Senate voted to adopt the same version of the
bill in May and President Clinton signed it into law on June 4,
1997. Several significant changes were made which include the
following:
Parent Rights
• School systems now must invite parents to participate in
eligibility meetings as well as placement and manifestation
determination meetings.
• Parents must now consent to reevaluations as well as
initial evaluations.
• Parents must be informed of their children’s progress
(ie. report cards) as often as the parents of children without
disabilities.
• The term “parent” now also can be defined as
including legal guardians and surrogate parents.
These rights are to be transferred by the State from the parent
to the student with disabilities who has reached the age of
majority under State law (18 in Georgia) but who has not been
determined incompetent under Georgia law. To do this, the State
must ensure that:
• Both the student and the parents are notified in writing
or in a way they can understand, of the proposed transfer.
• All rights are transferred.
• All notices regarding reevaluations, meetings, etc. are
provided to both student and parents.
• This can also be done for students who are incarcerated.
If the student, after turning 18, has been declared by a court to
be incompetent, or if it is determined that the student does not
have the ability to provide informed consent for his/her
educational program, the parent or another appropriate individual
will be appointed to represent the educational interests of the
student as long as s/he remains eligible for services under the
law.
IEPs
• A regular education teacher must be part of the IEP team
if the child is to participate in regular education.
• IEPs must describe how a child’s disability impacts
on his/her performance in the regular curriculum, should contain
goals and benchmarks or short term objectives that detail the
supports needed to help the child succeed in regular education.
• Behavior issues and resultant behavior intervention plans
will now need to be addressed through the IEP process.
• Under IDEA ‘97 IEPs must contain several statements
regarding participation in regular education and a justification
for why participation in regular education would not be
appropriate if the IEP so indicates.
• The IEP review must include discussion of the goals from
the previous year and progress made. A lack of progress must also
be reviewed and explored.
Discipline
• The law requires educational services be provided for
special education students who are considered to be dangerous or
unruly.
• It expands the group of students for whom 45 day
alternative placements may be made to include not only students
who bring firearms to school but also those who bring other
weapons, or illegal drugs.
Private and Charter Schools
Growing numbers of students are leaving public schools to pursue
other educational options.
• Children with disabilities who attend private schools will
be entitled to a proportionate amount of IDEA funds which may be
provided to them on the grounds of the private or parochial
school to the extent consistent with the law;
• Parents must however notify their local school system, in
writing of their concerns and their intent to transfer the child,
at the IEP meeting or 10 days prior to making the transfer.
• Charter schools, with their experimental educational
programs and varied teaching strategies, have become a popular
new option for many students.
• Until recently, there were many questions as to what
extent special education laws applied to students with
disabilities who were enrolled in such schools.
• Federal regulations which were issued in March, 1999
clearly state that the IDEA, its rights and provisions are to be
applied to students with disabilities in public charter schools.
There are several other changes contained in IDEA ‘97
including those having to do with funding, educating students
while imprisoned, attorneys fees, etc. which may be described in
more detail in other sections of this publication.
The Americans with Disabilities Act, 1990 (referred to as ADA)
The Americans with Disabilities Act (ADA) is one other federal
law which impacts school districts by requiring them to provide
more services and opportunities for students with disabilities.
Because of the far-reaching provisions of the ADA, school
districts are now required to comply with it, specifically in
areas such as employment, transportation, and physical
accommodations/accessibility. Title II of this statute requires
“that public entities [such as schools] make reasonable
modifications in policies, practices and procedures where
necessary to avoid discrimination on the basis of disability
...”
Gun Free Schools Act of 1994 (Public Law 103-382)
In October, 1994, the “stay-put” provision of the IDEA
was expanded to cover situations in which a student with a
disability is determined to have brought a weapon to school. In
such a situation, the student will be placed in an alternate
educational setting determined by the IEP committee for up to 45
calendar days, or during the pendency of due process proceedings
unless otherwise agreed.
Beyond the Laws
After much observation and study, it seems that the present
system of special education in Georgia, as well as in most other
places, contradicts the intent of the people who drafted P.L.
94-142 and the various other statutes. In examining education
today, we see two separate systems: one which does an acceptable
job for typical students -- or those with less visible
disabilities -- and a woefully inadequate system for educating
students with more obvious handicapping conditions. Instead of
using the varying skills, learning styles, strengths and
weaknesses of all children to teach them to be more accepting of
one another's differences and similarities, we keep them apart,
thereby denying all children the benefits of a more complete
educational experience. Special education as we know it, has not
worked. Goals and objectives remain unattained. Graduation rates
are distressingly low. More importantly, keeping children apart
in school, almost guarantees that children with disabilities will
be denied the "normal" childhood experiences of
learning from, and growing with friends.
The commonly used "pull out" approach -- removing
children with special learning needs from regular classes -- has
been the most frequently used strategy for teaching students with
what were thought to be "special" learning needs.
Although done with the best of intentions, the pull out approach
simply seems to ignore the larger problem that regular classroom
learning environments have not been designed to accommodate the
educational needs of all students. The pull out approach has been
justified by the unfounded assumption that poor school adjustment
and performance are caused by characteristics or faults of the
students rather than the quality of the learning environment.
It is our opinion, that a comprehensive approach which combines
the best features of special and regular education is the better
way for children to learn. In short, when special education
becomes a second or separate system, everyone loses, but if you
bring all children together, you create on many levels --
emotional, financial, and practical -- possibilities that are
much more exciting, not just for children with visible
disabilities, but for all of education itself.
Alternatives to an IEP
Many children have difficulty learning in a traditional classroom
with traditional teaching styles. This does not mean, however,
that they must either be sent to a different classroom or that
they are doomed to fail. Alternatives have been developed which
can help provide needed supports to the child with difficulties
and/or disabilities to allow his/her participation in regular
education settings. When used creatively, these can be attractive
alternatives to the IEP process to avoid the almost certain
segregation of students in Georgia once they are labelled as
“special ed.” Some possibilities are listed below.
I. Student Support Team Plan: The Student Support Team (commonly
referred to as SST) is defined as “an interdisciplinary
group that addresses the needs of students having problems in
school.” Its stated purpose “is to improve the delivery
of instructional services to students experiencing problems of an
academic, social or behavioral nature in school and to serve as a
resource for teachers and other educators in the delivery of
these services.”
Requirements
1. Each school is required to have a student support team and to
develop procedures accordingly.
2. Evaluation or assessment of the student must be conducted
before any referral is made for additional supplemental or
support services
(e.g., special education).
3. The SST shall include at least the referring teacher and one
or more of the following persons:
a. Parent;
b. Principal;
c. General education teacher;
d. Counselor;
e. Lead teacher;
f. School psychologist;
g. Subject area specialist;
h. Media specialist;
i. Special education teacher;
j. School social worker;
k. Central office personnel;
l. Other appropriate personnel.
4. The SST process shall include the following steps:
a. Identification of student needs;
b. Assessment, if necessary;
c. Educational plan, with detailed modifications, alternatives
and suggestions (e.g. oral tests, notetaker, use of a tape
recorder, etc.);
d. Implementation (hows and whens);
e. Follow up and support;
f. Continuous monitoring and evaluation.
5. A written record shall be kept, with a copy provided to the
parent of all activities outlined above. The important point for
parents to remember is: Anyone can request an SST meeting -
including you. If your child is
having trouble at school, keep a record of the details, and call
the school to ask for help.
II. ß 504 Plan: Section 504 of the Rehabilitation Act of 1973
guarantees students with disabilities equal access to their
education to that of typical students. The intent of the law is
to modify or accommodate for learning differences within the
regular education environment. Consequently, if a student with
disabilities needs some classroom modifications, or assistive
technology in order to provide them with an equal opportunity to
learn, these can be provided through a ß 504 plan.
You as the parent should request that such a plan be developed
for your child. You may do that by contacting the person
designated as the 504 Coordinator by your local Board of
Education. Use your judgment and/or experience to decide whether
to do this over the telephone, by mail, or both.
Some examples of the various modifications which can be made for
students as part of ß 504 plan include but are not limited to
the following:
Teaching Strategies
Use of a variety of teaching methods.
• Allow alternative testing procedures such as allowing
additional time; giving tests orally; allowing students to
dictate answers into a tape recorder.
• Individually tailor (e.g., reduce) class work and homework
assignments.
• Utilize technology such as computers, calculators, tape
recorders.
• Provide class notes prepared by either another student or
the teacher.
• Provide duplicate textbooks for use at home.
• Provide assignment sheets.
Use of additional personnel
• Peer tutors.
• Cooperative student learning groups.
• Paid paraprofessionals.
• Volunteer aides (parents, grandparents).
Use of alternate materials
• Use materials which address the student’s learning
style such as visual, tactile, auditory, etc.
• Vary the reading level of materials to individual levels.
Communication
Increase parent/student/teacher communications.
• Regular/frequent telephone calls or e-mails.
• Develop a daily/weekly notebook.
• Schedule parent/teacher meetings as often as necessary.
Increase staff communications.
• Create networks between special and regular education
staff.
• Keep principal informed as to what is being done.
Management
• Modify the student’s day/week.
• Allow additional time to change classes.
• Adjust student’s seating in classroom (e.g. use of
study carrel, or seat the student in front or on either the
extreme left or right side of the room to accommodate vision
problems).
Testing
Use alternative format.
• Multiple choice.
• Matching.
• True/False.
• Fill in Blank, with or without word bank.
Make test as short as possible.
Space questions far apart to increase readability.
Allow oral testing either into a tape recorder or with a person.
This list is by no means exhaustive as the types of modifications
which are needed can be as varied as the students.
One final suggestion is that a student can be served in the
regular education environment and still receive necessary related
services such as speech, occupational and physical therapy as
indicated in the following letter received by our office from the
Office for Civil Rights within the U.S. Department of Education.
We have recently become aware of an issue which has caused
confusion and disagreement among parents and educators in
Georgia. Specifically, differences have occured between some
school district officials and the parents of handicapped students
concerning whether handicapped students are eligible for related
aids and services although they are not enrolled in a special
education program. It is our understanding from information
provided by parents that some school district officials are under
the impression that a handicapped student must be enrolled in a
special education program in order to receive related aids and
services such as physical therapy, occupational therapy, speech
therapy or transportation. This assumption is incorrect.
The regulation implementing Section 504 of the Rehabilitation Act
of 1973 at 34 C.F.R. Section 104.33 states:
A recipient that operates a public elementary or secondary
education program shall provide a free appropriate public
education to each qualified handicapped person who is in the
recipient’s jurisdiction, regardless of the nature or
severity of the person’s handicap.
. . . the provision of an appropriate education is the provision
of regular or special education and related aids and services
that are designed to meet individual educational needs of
handicapped persons as adequately as the needs of nonhandicapped
persons are met. . . .
Therefore, under Section 504, a handicapped student may require
and a school district may be required to provide a related
service without the student’s placement in a special
education program.
We hope that the foregoing is of assistance to you and your
staff. If we can provide further information with respect to this
or other issues, do not hesitate to call on us.
Assistive Technology (AT)
Since ß 504 requires that students with disabilities be given
equal access to their education as that of their peers without
disabilities, providing access may occasionally require an AT
device. In general, the procedures to be followed include the
following:
• An appropriate evaluation must be conducted.
• A group of people who are knowledgeable about the student
must meet to discuss the evaluation results.
• The student‘s needs and services to be provided must
be committed to writing (in a ß 504 plan).
Obtaining an Education Under IDEA
The following text describes the process that you will go through
in obtaining an education for your child with disabilities. It
discusses your involvement at each stage and points out areas of
possible difficulty. Procedures for handling disagreements with
school officials are discussed in detail.
We suggest that you begin your involvement by developing a
record-keeping system. You should make notes of every contact
with school officials or other professionals who have been
involved with your child. Record dates, places, and what was
discussed, and with whom. Keep copies of all written
correspondence, and perhaps most important, keep a diary of your
child's behavior, needs, strengths, and problems. All of this
information will be helpful when crucial decisions must be made.
Be prepared to face obstacles, and when the time comes, don't
hesitate to ask someone for help. Learn to present your position
effectively, and recognize that through your efforts, attitudes
will change.