PED612

Rowley, A. J. (2019). Address by Amy June Rowley, Ph.D., Professor, California State University, East Bay. NYLS Law Review, 63(1). https://digitalcommons.nyls.edu/cgi/viewcontent.cgi?article=1001&context=nyls_law_review
This 6-page autobiography by Amy Rowley describes her firsthand experiences as a hard-of-hearing child whose deaf parents tirelessly advocated for services in the public school system.

A History of the Individuals With Disabilities Education Act. (2022, March 18). Individuals with Disabilities Education Act. https://sites.ed.gov/idea/IDEA-History/
Review this resource from a previous module for a recap of the history of IDEA.

Your Special Education Rights. (2013, September 1). IDEA Basics: Individuals with Disabilities Education Act. https://www.youtube.com/watch?v=aSZMZz48z-w
This video discusses what IDEA is. The IDEA is the federal special education law that requires state compliance. The IDEA is where rights are found for parents and students who qualify for special education services. It is discussed that a diagnosed disability does not automatically qualify one for an IEP under IDEA. Essentially, if a student is found eligible for special education, then they are covered by IDEA to receive services, typically through an IEP. Federal laws and state laws are discussed.

Your Special Education Rights. (2013, September 1). IDEA Basics: Eligibility and Diagnosis. https://www.youtube.com/watch?v=1A4WxH_wu-0
This video discusses the difference between an eligibility and a diagnosis. It is noted that a diagnosis of a disability does not mean that a student meets an eligibility for special education services. The eligibility is based on the educational model as established by IDEA. The takeaway message is that a diagnosis of a student does not always meet special education eligibility. In order for a student with a diagnosis to meet special education eligibility, the diagnosis would need to negatively impact that student's ability to perform in an educational setting.

Your Special Education Rights. (2013, September 1). IDEA Basics: Initial Evaluations. https://www.youtube.com/watch?v=HiAlJvcyQrU
This video discusses initial evaluations of a student for possible special education placement. The video notes how initial evaluations can start - parent requested or school recommended based on data. There is also discussion regarding obtaining parental consent for the evaluation that must be obtained prior to the evaluation in addition to the stigma that is associated with special education regarding a child’s cognitive level. This video also notes that the school district does have the right to force an assessment under the provision of due process, but the law cannot force the parent to allow their child to participate in special education. Ages of possible initial evaluation are also discussed.

Your Special Education Rights. (2013, September 1). IDEA Basics: Annual Review. https://www.youtube.com/watch?v=5-gSMXV8GCY
This video briefly discusses annual review of IEP goals and placement. The annual review is the minimal amount of time that the family and team are to meet and review the IEP. The video explains that the parent can request for a meeting more than one-time a year. It was noted that the annual year date is determined by the date that the student was initially found eligible for special education during the initial assessment.

Sec. 300.8 Child with a disability, (2006). https://sites.ed.gov/idea/regs/b/a/300.8
This information provides the definitions and characteristics of a child with a disability for each of the 13 handicapping conditions under IDEA part B subpart A section 300.8.

13 Categories of Disability Under IDEA Law. (n.d.). B.I.G. Solutions, LLC. Retrieved October 24, 2022, from https://behavioralinspiredgrowth.com/special-ed-resources/categories-disability-idea-law/
This document provides information regarding the 13 handicapping conditions and the age ranges/groups that are covered under IDEA, specifically noting that students from 3-22 are covered under IDEA. Students that are aged 3-5 are assessed in preschool and this article explains how they may qualify. Students younger than 3 who are found to need services will receive those services from a regional center versus the school district.

Dragoo, K. E. (2020). The Individuals with Disabilities Education Act: A Comparison of State Eligibility Criteria (No. R46566; Congressional Research Service). https://crsreports.congress.gov/product/pdf/R/R46566
This document provides data regarding definitions for low, middle, and high incidence disabilities as well as noting the variability of assessment requirements, methods, and identification procedures across 15 states in the United States.

CALPADS Primary Disability Category Codes. (2022, February 9). California Department of Education. https://www.cde.ca.gov/ta/tg/ca/disablecodes.asp
This document provides the definition and category codes of the 13 special education handicapping conditions as defined by the California Code of Federal Regulations.

Whittaker, M., & Ortiz, S. O. (2019). What a Specific Learning Disability Is Not: Examining Exclusionary Factors. National Center for Learning Disabilities. https://www.ncld.org/wp-content/uploads/2019/11/What-a-Specific-Learning-Disability-Is-Not-Examining-Exclusionary-Factors.12192019.pdf
This document provides a brief overview of the history of specific learning disability (SLD), reviews the federal laws regarding SLD and the federal regulations under IDEA. The document provides information on the process used to rule out exclusionary factors in addition to highlighting exclusionary factors that are hard to address. Information is also provided regarding exclusionary factors and disproportionality of various racial groups in special education.

Students With Disabilities. (2022). [Condition of Education]. National Center for Education Statistics. https://nces.ed.gov/programs/coe/indicator/cgg
This document provides information regarding students receiving services under IDEA. Information presented includes disability type, the school year (2020-2021), the percentage of students receiving services under IDEA who spent time in general education and the percentage of students who graduated with a high school diploma and those who received an alternative certificate of completion by race.

Your Special Education Rights. (2013, September 1). IDEA Basics: Triennial Evaluations. https://www.youtube.com/watch?v=Ces1vZbwcjM
This video notes the triennial evaluation that takes place every three years once for students eligible for special education services. The triennial is to re-evaluate in the suspected areas of disability. There is discussion regarding the parent’s right to ask for a re-evaluation prior to the 3-year term. The reevaluation can also show that the student no longer qualifies for special education, and/or that the student has not made progress so the team needs to examine the interventions (fidelity, implementation, consistency, etc.) and determine if the evaluations will be continued or if new interventions will be implemented.

The Civil Rights of Students With Hidden Disabilities and Section 504. (1995). U.S. Department of Education Office for Civil Rights. https://www2.ed.gov/about/offices/list/ocr/docs/hq5269.html
This document discusses the federal definition of a disability that qualifies under Section 504 noting that this includes anyone who has a physical and/or mental impairment that substantially limits one or more major life activities, or the individual is regarded as having such an impairment. There is discussion regarding disabilities that can be observed by others versus disabilities that cannot (ex., learning disabilities, diabetes, congestive heart problems, etc.). This document discusses the responsibility of the education department at the K-12 level as well as at the postsecondary level. The article concludes with how the needs of students with hidden disabilities can be addressed.

34 CFR § 104.3 - Definitions. Retrieved October 24, 2022, from https://www.law.cornell.edu/cfr/text/34/104.3
This document goes over the definition of 504 highlighting the components of Section 504 and the individuals who qualify under Section 504.

Lee, A. M. I. (n.d.). Disability Law: Which Laws Do What? Retrieved October 28, 2022, from https://www.understood.org/en/articles/at-a-glance-which-laws-do-what
Read this table for a comparison of the IDEA, Section 504, and the ADA and their respective provisions.

Your Special Education Rights. (2013, September 1). IDEA Basics: (504 Plan) How is an IEP Different from a 504 Plan? https://www.youtube.com/watch?v=sJ2KlmG5OV0
This video discusses the difference between a 504 plan and an IEP. The 504 plan is based more on accommodations due to a disability (ex., peanut allergy, broken leg, etc.), though the disability does not adversely affect ability to learn whereas an IEP is created when a student has a disability that negatively affects the child’s ability to learn and needs additional learning support (modifications).

Mills v. Bd. of Educ. - 348 F. Supp. 866 (D.D.C. 1972). (n.d.). LexisNexis. Retrieved October 24, 2022, from https://www.lexisnexis.com/community/casebrief/p/casebrief-mills-v-bd-of-educ
This document provides a legal brief of the facts of the Mills v Board of Education case brought before the Supreme Court. This brief presents the educational desires of a group of students with disabilities at a public education setting and the denial of the district to accept the students into the district. The group of students filed a class action suit against the district, but the district did not correct its initial ruling. In 1972 the U.S. Supreme Court ruled that the district violated the due process rights of the students in the suit as well as other students who had been denied by the district.

Wright, J. (2010). The RIOT/ICEL Matrix: Organizing Data to Answer Questions About Student Academic Performance & Behavior. Intervention Central. https://www.interventioncentral.org/sites/default/files/rti_riot_icel_data_collection.pdf
This article introduces a problem-solving approach when evaluating a student noting the areas to focus on during data collection. The elements of Review, Interview, Observation, Testing (RIOT) and Instruction, Curriculum, Environment, Learner (ICEL) are showcased. The article also includes a matrix and a worksheet that can be used during data collection.