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Role of the teacher in the evaluation process
Role of teacher in evaluation process
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Course 602
Reflection #3
Last week’s class has broaden my understanding of the rules and regulations regarding the Individuals with Disability Education Act (IDEA). For example, IDEA has a zero reject policy, which guarantees that public schools cannot turn away a student based upon their disability. With the current demand for schools to perform well on different standardized tests, schools would easily turn away students with disability if this policy was not set in place. Another major component of the IDEA that stood out to me is that students with disabilities must receive a Free Appropriate Public Education (FAPE). This is another area in which I can envision the students with disabilities being rejected if this law was not put in place. Unlike most general education students,
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Thus, without FAPE, schools could demand payment and compensations from parents for the extra support they provide to students with disabilities. The nondiscriminatory identification and evaluation is another component of IDEA that intrigued me. To ensure that students are receiving a non-biased, multi-factored evaluation in determining their eligibility for special education services, the parents must give consent and be involved throughout the process. Additionally, the students must receive pre-referral interventions before being referred. That is, the teacher must provide the struggling learner with a high-quality classroom instruction and intervention. Prior to last week’s class, I’ve always thought of the RtI process as a voluntary process. I’ve even read in the textbook for this class (Exceptional Children) that the RtI process was not mandatory in identifying whether a student should receive special education services. Therefore, when my professor proclaimed that the laws of New York require parental consent and
Schools, nor any other institution that will be providing education cannot refuse to give your/any child the service needed because it costs too much. The Federal Law, IDEA requires school to provide the services a child needs to gain a Free Appropriate Public Education (FAPE). Free Appropriate Public Education (FAPE) means at no cost to the parents. According to Altshuler and Kopels (2003), Advocating in Schools for Children with Disabilities: What’s New with IDEA?” States that it is mandated a variety of legal rights to have a free and appropriate public education provided in the least restrictive area/environment. For this reason parents are their children’s best advocates. Parents know their children better than anyone else. No matter the circumstances a parent sees all the flaw and potential at home that a teacher or administrator will never see.
General education high school teacher, Michael Withers, failed to comply with his student’s Individual Education Plan (IEP). D.D. Doe’s IEP required tests to be read orally. Despite knowledge of this IEP and being instructed to follow the IEP by the superintendent, school principal, special education director, and special education teacher, Withers still refused to make the accommodations for D.D.’s handicapping condition. As a result, D.D. failed the history class. His parents filed charges against Withers, arguing that D.D was not afforded the right to a Free and Appropriate Public Education (FAPE) promised to all students by the Individuals with Disabilities Education Act (IDEA). They also filed a claim for injuctive relief against the Taylor County Board of Education to enforce the laws that protect handicapped students.
The Gaskin Settlement Agreement is an agreement between a group of families and advocacy organizations who filed a class action lawsuit against the Pennsylvania Department of Education (PDE) on behalf of a group of children with disabilities in 1994. This agreement does not change a student’s placement, program, or IEP in any manner. Only the IEP team has the authority to make modifications that will impact a student’s IEP. The main goal of this settlement is to make sure that IEP teams will determine if the goals in a student’s IEP may be implemented in a general education setting with supplementary aids and services prior to considering an environment that is more restrictive in nature. The elements of this case were designed to help increase the capacity of school districts to provide related services, SDI that is appropriate, supplementary aids and services, and supports to students who have disabilities that are placed in general education classrooms. The PDE lists many important elements of the Settlement Agreement to be aware of...
This case is significant because of the courts’ strict interpretation of the law. A summary reading of IDEA would lead many parents to believe that a school must accommodate each child who is disabled by all means necessary. However, alternative placements can also be considered free appropriate pubic education. The court stated that the Urbans never argued against the quality of education Gregory received at Golden High. This is significant because if quality had been considered then FAPE could have come into play. As it stands now the court’s ruling and interpretation of the law further defines
... and RTI’s have shown their significance in schools and classrooms all over the country. These programs are great for helping children and we can see the progress all the way though their academic years, helping children reach their full potential should be the desire for all parents and educators.
Upon reading information about REU AMI for summer internship, I have a mind of expertise in technology can provide people with disabilities that make easier for them to have access to the framework of information library. Not only accessibility of information, interaction with technology is an essential to those who want to gain knowledge of information they desire to learn. Aside from that, I have been involved with team in Thinking Cap funded by National Science Foundation since January 2015. The goal is to evaluate and analyze the challenges that Deaf and Hard of Hearing students experience in the Statistics course. My initial responsible was to provide feedbacks and suggestions on videos and PowerPoints that were helpful for students complete a difficult statistics topic. As of now, I am currently
Novel ideas in special education have unlocked the gate for developing a more heterogeneous and comprehensive approach of thinking about agendas in special education. While a number of topics have captured the attention of educators and advocates, perhaps one of the most anticipated areas of discussion continues to be the ED population. The overrepresentation of United States minority students identified ED in special education programs plagues schools and challenges researchers and practitioners. While Individuals with Disabilities Act of 2004 (IDEA) does specify guidelines, the process of identifying learners as ED and thus qualifying them for services can nevertheless be a subjective process. Research emboldens this subjective process and the issues surrounding the robust inequities among the ED population (Oswald & Coutino, 1999). Additionally, the next step is to openly critique, discuss and debated the issues and foster policy change. Moreover, this paper discusses the ED population and the critical issues regarding eligibility/labeling, FAPE, access to the general curriculum and continuum of placement.
Rachel’s parent disagreed and with the Districts decision of half time special education placement and placed her in a private school in a general education classroom with supports where she was successfully meeting her IEP goals. Rachel’s parents also appealed the district’s placement decision to a California Special Education hearing officer. After fourteen days of hearing, the hearing officer ruled in favor of the parents and ordered the District to place Rachel in a general education classroom with support services. The District appealed the decision and the courts had to decide if the decision made by the hearing officer complied with the Individuals with Disabilities Act (IDEA). The courts ruled in favor of the defendant finding that the appropriate placement for Rachel, under the IDEA, was in a general education classroom, with supplemental services, as a full time member of
District personnel must ensure that the IEP is implemented; they must coordinate the agreed-upon placement and services that are listed in the IEP; and they must obtain parental consent before providing special education services. If parents refuse to consent, the district is not obligated to provide the student with a FAPE or to convene future IEP meetings. Additionally, the district cannot challenge parental refusal through due process. In other words, parents have the right to insist that their child is not provided special education and related services even after an evaluation has confirmed that the student is in need of these
Prior to 1975, educational options for a child living with a mental or physical disability were limited. The family of the handicapped child was most likely forced down an path that lead to the institutionalization of the child and distancing the child from the benefits of receiving a free and public education. It was after federal legislation passed the Rehabilitation Act of 1973 (42 U.S.C. § 1983) that monumental changes began to develop that allowed a better understanding of the needs and capabilities of people with various handicapping conditions. Soon after this legislation, Public Law 94-142, also known as the Education for all Handicapped Children’s Act of 1975 (EHA) would further increase the public awareness by providing a free appropriate public education (FAPE) for children suffering from disabilities. Following the EHA legislation reformations concerning the education of disabled individuals would soon become numerous and legislative acts were passed enabling accommodations for disabled individuals in the fields of vocations and technology. In 1990, President Gerald Ford signed legislation replacing P.L. 94-142 with the Individual with Disabilities Education Act of 1990 (IDEA, 20 USC 1400). By definition, the Individuals with Disabilities Education Act (IDEA) is a law ensuring services to children with disabilities throughout the nation (US Department of Education, 2011).
“The Civil Rights Act of 1964 prohibit discrimination on the basis of race, religion, national origin, or gender, but people with disabilities were not included under such protection” (Department of Justice). It was not until 1973 when the Rehabilitation Act came to fruition that people were officially by law protected against discrimination on the basis of either mental or physical disability. The Architectural Barriers Act implemented in 1968 helped people with disabilities have access to buildings and facilities by companies, agencies complying with federal standards for physical accessibility. The Education for All Handicapped Children Act was renamed the Individuals with Disabilities Act (IDEA). This Act allows people with disabilities into public schools and also requires the school to develop (IEP’s) Individualized Education Programs to be developed and fit individualized needs for the student. Another very important piece of legislation is the Americans With Disabilities Act (ADA) in which “prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation and telecommunications services” (A Brief History, p.1).
The parents and family members cannot be asked to pay for special education services. In fact, if it is necessary for a student to be educated outside the student’s own school district, the district usually bear the cost for that placement as well as the cost for transportation (Friend, 2014). According to (Huefner, 2008), the IEP requirements in IDEA 97 and 04 for assessing academic progress and reporting it to parents have clarified the expectations for FAPE. In other words, an “appropriate” education is determined on an individual basis, defined by the child’s
Disproportionate identification of minority students in special education is a major concern in schools today. This paper describes the issues in the assessment process with minority students and how we have arrived at a situation where minorities are being misdiagnosed into special education programs. Additionally, several legal cases are mentioned which show numerous actions and rulings that have tried to correct the disproportionate identification in special education. Some of the legal cases discussed include Larry P. v Riles, Diana v. State Board of Education, and Guadalupe v. Tempe Elementary School, which all significantly impacted special education today. Additionally, the Individual with Disabilities Education Act has enforced that minority groups must receive an equal education in the least restrictive environment possible. It is our duty as teachers and citizens to abide by these laws and find different ways to assess and correct the disproportionality of minority groups that exists today.
In conclusion, it seems as though all the positives of the response to intervention program outweigh any negatives about it. The RTI program is extremely helpful in identifying any student that is having academic difficulties at an early age. Whether these students should be considered in the special education program or not can also be determined by using the RTI program. There is no reason to allow students to fail before any intervention is even considered. Anything that is beneficial in helping students succeed in their academic achievements should be viewed as a
Public Law 94-142: The Education for All Handicapped Children Act of 1975, now called Individuals with Disabilities Education Act (IDEA), requires states to provide free, appropriate public education (FAPE) for every child regardless of disability. This federal law was the first to clearly define the rights of disabled children to receive special education services if their disability affects their educational performance. A parent of a special education student also has basic rights under IDEA including the right to have their child evaluated by the school district and to be included when the school district meets about the child or makes decisions about his or her education. If a child is identified as in need of special education services, the school district must devise a written individual education program (IEP) for the child, which includes related services. An IEP is a statement of a student’s special education and related services including speech services, psychological services, physical and occupational therapy, counseling and assistive technology and transportation. In addition, this legally binding, individualized plan outlines reasonable educational goals for the student and is reviewed and updated yearly.