Mike Swartzendruber
EDL291: Policy, Influence, and Legal Issues
Chapter 11 Executive Summary
Dr. Trent Grundmeyer
9/19/14
Chapter 11 Executive Summary
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1975 Landmark federal legislation: Education for all Handicapped Children Act.
Would later (2004) become IDEA
1971 Federal Court ruled that retarded children in Pennsylvania are entitled to a
free, public education.
1972 Mills v. Board of Education of District of Columbia
o Free, appropriate education
o Individual education program (IEP)
o Due process procedures
US Congress:
o Rehabilitation act of 1973
o EAHCA (Education for all Handicapped Children Act)
Public Law 94-142
o Free Appropriate Education
o Individualized education program
o Special Education Services
o Related Services
o Due Process Procedures
o Least Restrictive Environment (LRE)
o 1986 Amendment extended the age group to 3-5 year olds
1990 Statue was renamed the Individuals with Disabilities Act (IDEA) and added
the requirement for transition plans beginning at age 16
1992 IDEA amendment changes
Discipline: Can make a change of placement to alternate setting or issue a
suspension for no more than 10 days.
Discipline: A district can discipline a child for possession of a weapon or
possession, sale, solicitation or use of illegal drugs in school by placing in an
alternate setting for up to 45 days.
Discipline: A district must convene a hearing to consider the child’s behavior
problem not more than 10 days after taking disciplinary action.
Discipline: A hearing officer is to determine whether the school district has
demonstrated substantial evidence that maintaining the current placement is likely
to result in harm to the student or others –to allow the 45 day placement.
Discipline: Interim placement must:
a. Enable the child to continue to participate in the general ed curriculum
b. Allow a child to receive services and modifications to meet goals in IEP
c. Include services that will help address the child’s behavior problem
If disciplinary action results in a change of placement for more than 10 days a
manifestation determination review is required.
If the review team determines that the behavior problem was not a manifestation
of the child’s disability, the same appropriate discipline may be applied as a non
disabled child. During the time the discipline is carried out, the IEP student must
receive a free appropriate education (FAPE). If it was determined by review that
the child’s behavior was a manifestation of their disability, the child cannot be
disciplined by a change of placement without reinstituting all the IDEA
procedural requirements.
8. Parents who do not agree with the conclusion that the behavior was not a
manifestation of their child’s disability may request a hearing before the local or
state agency.
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2004 Amendments to IDEA (Individuals with Disabilities Education
Improvement Act)
o Correlates more closely with NCLB
o Defines highly qualified teacher
o Special ed students must be tested for AYP
o Added a third condition for removal (from #2 of 1992 amendments); if a
student inflicts serious bodily injury on another person while at school
Most IDEA issues within a school setting fall within one of the statutory provisions:
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FAPE
Extended school year services
Regression-recoupment dilemma
Procedural Safeguards
Individual Education Programs
Attention deficit hyperactivity disorder
LRE (lease restrictive environment)
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Placement in private schools
Related services
Discipline & “Stay Put” provision
Compensatory Education
Attorney’s fees & expert’s fees
Liability & reimbursement of parents