Special Education Law Basics For Parents

Introduction to Module 1: Terms and Acronyms

In this lecture we discuss basic special education terms and acronyms.

The foundation for special education law began in the 1950s and 1960s.  In this module we discuss several laws leading up to the passage of the first special education statute.

The 1970s saw more statutes leading up to the passage of PL 94-142, the first special education law, in 1975.

Special education law continued to develop in the 1980s and 1990s through acts of Congress.

Congress continued to revise special education statutes and regulations in the 2000s.

In 1954 the U.S. Supreme Court declared that separate educational facilities are inherently unequal.  This decision laid the psychological foundation for the development of special education in America.

The PARC case established that children with special needs were entitled to a public education under the due process clause of the 5th and 14th Amendments to the Constitution.

Mills reinforced the Constitutional right of special needs children to a public education even though the district claim to lack the resources to provide the necessary supports and services.

Honig v. Doe is the only U.S. Supreme Court decision addressing the discipline of special education students.

In Perez the U.S. Supreme Court addressed whether a student and his family could pursue money damages as well as relief under the IDEA.

There are 13 disabilities that qualify students for special education supports and services.  We discuss each in this module.

In this module we discuss the responsibility of every school district to identify all children eligible for special education services.

In this module we discuss the components of an IEP and provide you with a specimum IEP from Arizona.

In this module we provide you with several tips to use in your next IEP meeting.

Parents are entitled to notice of the procedural safeguards.

Parents have the right to inspect their child's records and the right to confidentiality in those records.

Parents have the right to attend all meetings pertaining to their child.  But every discussion is not a meeting.

Parents who disagree with an evaluation of thier child have the right to obtain an independent educational evaluation, sometimes at the district's expense.

Before the school takes or proposes to take any action affecting a child's placement or services, parents are entitled to prior written notice.

The right to consent in a crucial procedural safeguard within the IDEA.

Many parents do not realize that they have the right to disagree with school personnel.

Mediation is one procedural safeguard that allows parents to exercise their right to disagree.

The dispute resolution process guarantees regular procedures when disputes arise.

The due process hearing is a powerful safeguard for parents and students.

The state complaint is the final procedural safeguard and administrative remedy prior to going to court.

There are limitations on when a special needs student's placement may be changed for discipline purposes.

If a special need's student's behavior results from her/his disability, additional steps must be taken.

The discipline of special education students is grounded in the school's discipline code with statutory limitations.

Section 504 provides accomodations for students with disabilities to ensure they receive a FAPE.

The Americans with Disabilities Act provides students with disabilities access to accomodations to ensure they are not discriminated against because of their disabilities.