PED612 v2

Francisco, M. P. B., Hartman, M., & Wang, Y. (2020). Inclusion and Special Education. Education Sciences, 10(9), 238. https://doi.org/10.3390/educsci10090238
This article discusses the historical perspectives of special education and how it started out as an exclusionary practice where students with disabilities were separated from non-disabled students to one of inclusion where students both with and without disabilities are learning in the same classroom. The article highlights issues regarding inclusion and inclusion practices for students with disabilities discussing shifts in the educational system that resulted in laws such as LRE, IDEA, FAPE, and NCLB. The purpose of inclusion in educational settings and in society are discussed, resulting in questions as to the effectiveness of inclusion.

Free Appropriate Public Education (FAPE). (2020, January 16). U.S. Department of Education. https://www2.ed.gov/about/offices/list/ocr/frontpage/pro-students/issues/dis-issue03.html
This document provides a brief summary of FAPE noting that students with disabilities have the same educational rights as students without disabilities.

Your Special Education Rights. (2013, September 1). IDEA Basics: Free and Appropriate Public Education. https://www.youtube.com/watch?v=ElusLM-WVtA
This video goes over the basics of Free and Appropriate Public Education. This video helps parents understand their educational rights, noting that parents of children with disabilities do not have to pay for their child to receive an education. This is part of a civil rights law in the sense that parents of a child in general education does not have to pay for education, so parents of a child with a disability do not need to pay for the education. This video also goes over “appropriate” and the term/definition varies. Essentially, appropriate refers to children obtaining access to education. There is variability with this regarding what the educational access will look like for that student's needs.

Your Special Education Rights. (2013, September 1). IDEA Basics: (LRE) Least Restrictive Environment. https://www.youtube.com/watch?v=I7HFRF8y288
The basics of Least Restrictive Environment are provided. What is LRE? What does it look like? The fact that parents fought for this law which came about in 1975. The issue of segregation of students with disabilities and the issue of inclusion needs to be done properly to ensure that there is LRE.

Your Special Education Rights. (2013, September 1). IDEA Basics: Due Process. https://www.youtube.com/watch?v=_VQfI0iWZYg
This video discusses the issue of due process and what due process is in the field of special education. Essentially, due process comes into play when a parent feels that the assessment or identification of their child is not correct or the parents don’t agree with the findings. Due process is essentially the rights of the parent to file a legal complaint with the school district regarding the assessment outcome or services. Typically there are a few steps through the district prior to going to trial (if the situation gets there). This process is protected by federal laws and can be lengthy and expensive for families.

Summary of Educational Rights. (n.d.). California Department of General Services. Retrieved October 21, 2022, from https://www.dgs.ca.gov/OAH/Case-Types/Special-Education/Self-Help/Summary-of-Educational-Rights
This document discusses due process under the California education code. The rights of the parents are noted regarding attorney representation to the meeting at the parents expense, how a due process is initiated, and how due process can be used regarding special education results, services, and interventions.

Due Process Hearings. (n.d.). California Department of General Services. Retrieved October 21, 2022, from https://www.dgs.ca.gov/OAH/Case-Types/Special-Education/Self-Help/Due-Process-Hearings
Information is provided regarding due process. What due process is, who can initiate due process, preparing for the hearing, what encompasses the process, submitting the witness list, and how to appeal the ruling.

Question & Answer Guide On California’s Parental Opt-Out Statutes: Parents’ and Schools’ Legal Rights And Responsibilities Regarding Public School Curricula. (n.d.). California Safe Schools Coalition. Retrieved October 21, 2022, from http://casafeschools.org/OptOutQA.pdf
This document addresses public school curriculum in California and what curriculum requires parental consent (opt-in/opt-out) and what does not. Various educational topics required by California law are included in the document along with specific curriculum that parents cannot remove their student from.

Parental Consent. (n.d.). The Californial School Climate, Health, and Learning Survey (CalSCHLS) System. Retrieved October 21, 2022, from https://calschls.org/survey-administration/parental-consent/
This document notes the passive and active parental consent that is required by schools. Methods of obtaining parental consent for survey information is provided along with parental consent tracking options. Examples of parental consent letters are provided.

Family Educational Rights and Privacy Act (FERPA). (n.d.). EPIC - Electronic Privacy Information Center. Retrieved October 21, 2022, from https://epic.org/family-educational-rights-and-privacy-act-ferpa/
This document discusses the history, legislative amendments, parent and student protections, and violations of FERPA.

U.S. Department of Education. (2013, November 7). Student Privacy 101:  FERPA for Parents and Students. https://www.youtube.com/watch?v=nhlDkS8hvMU
This 4-minute video goes over the basics of FERPA for the parent as well the student once she/he/they turn 18 years old.

U.S. Department of Education. (2016, November 3). School Volunteers and FERPA. https://www.youtube.com/watch?v=HAU-aMqzxZE
This video goes over the basics of FERPA and the responsibilities of a volunteer when they encounter information that may allow for the identification of a student. This video also discusses the confidentiality that the volunteer is to follow should they encounter information about a student.

Does HIPAA Apply to Schools? (2022, January 9). HIPAA Journal. https://www.hipaajournal.com/does-hipaa-apply-to-schools/
This blog post discusses whether or not HIPAA applies to schools, what HIPAA covers, the providers who are entities of HIPAA and when HIPAA and FERPA are implemented in the school settings.

Jotform. (2021, December 9). Does HIPAA Apply to Schools and Educational Institutions? https://www.youtube.com/watch?v=AO8d1x6E_Qc
This video provides an overview of HIPAA and FERPA as they relate to schools and the difference between the two.

HIPAA FERPA Infographic. (2018). Center for Disease Control. https://www.cdc.gov/phlp/docs/hipaa-ferpa-infographic-508.pdf
This document shows a side by side comparison between FERPA and HIPAA specifically addressing who must comply, the information that is protected under both acts, and the information that can be disclosed.

Cole, J. P. (2021). The Family Educational Rights and Privacy Act (FERPA): Legal Issues (No. R46799; Congressional Research Service, p. 20). https://files.eric.ed.gov/fulltext/ED614263.pdf
The family educational rights and privacy act (FERPA) applies to educational institutions and agencies that receive federal money from the department of education. This act protects the handling of education information such as grades, discipline, mental health, attendance, etc. Several aspects of FERPA are presented.

The Family Educational Rights and Privacy Act Guidance for Eligible Students.(2020). Student Privacy Policy Office. https://studentprivacy.ed.gov/sites/default/files/resource_document/file/FERPAforeligiblestudents.pdf
This document provides a guidance and the general information regarding FERPA. Discussions regarding access to records for parents and students over the age of 18 are presented. Topics such as access to records, amending and disclosing educational records, annual notice of rights, and issues regarding failure to comply with FERPA regulations are presented.

Superintendents Annual Notice. (2020). Student Privacy Policy Office. https://studentprivacy.ed.gov/sites/default/files/resource_document/file/SuperintendentsAnnualNoticeApril2020_0.pdf
This document provides information on FERPA including the rights of parents, the regulations of FERPA, the protection of pupils rights, and amendments that were made to FERPA.

Lee, A. M. I. (n.d.). Due process rights: What you need to know. Understood. Retrieved October 21, 2022, from https://www.understood.org/en/articles/due-process-rights-what-you-need-to-know?_sp=dfb6fee5-aec4-4f5d-a640-b13fc289a71f.1665118907646
This document covers due process information pertaining to the purpose of due process, how due process is initiated, the stages of due process and the information that needs to be included in the due process request, witnesses, attorneys, and challenges to the ruling.

Public Education for Immigrant Students: Understanding Plyler v. Doe. (2012, June 15). American Immigration Council. https://www.americanimmigrationcouncil.org/research/plyler-v-doe-public-education-immigrant-students
This document discusses the facts of the Plyler v. Doe case noting the actions of the independent school district that was systematically denying students an education who have an undocumented status. There is also information regarding districts collecting and reporting on students immigration status as this can violate issues regarding FERPA.

IRIS Center. (2019). Least Restrictive Environment Information Brief. Vanderbilt Peabody College. https://iris.peabody.vanderbilt.edu/wp-content/uploads/pdf_info_briefs/IRIS_Least_Restrictive_Environment_InfoBrief_092519.pdf
This document discusses the aspects of least restrictive environment (LRE) under IDEA as it pertains to providing supports and services for students receiving special education in an educational setting that is as similar to the educational setting of an non-disabled student, as appropriate. The continuum of services from least restrictive to most restrictive is discussed. The document notes that these decisions are determined on an annual basis through a multidisciplinary team at the students IEP meeting. Examples of LRE services are also provided for students receiving special education supports.

Parents’ Rights. (n.d.). California Department of Education. Retrieved October 21, 2022, from https://www.cde.ca.gov/sp/se/qa/pssummary.asp
This document provides information regarding parental rights, in California, for students receiving special education services. Information regarding parental rights for parents and students over the age of 18 is highlighted.

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 the "1950s, 1960s and 1970s: Initial Federal Response" tab on this previously-cited resource.

Sec. 300.101 Free appropriate public education (FAPE). (2017, May 3). Individuals with Disabilities Education Act. https://sites.ed.gov/idea/regs/b/b/300.101
Information is provided regarding FAPE and when an offer of FAPE is to be presented and the ages of the students receiving special education that are covered under FAPE.

Sec. 300.300 Parental Consent, (2006). https://sites.ed.gov/idea/regs/b/d/300.300
This short document provides the legal components of parental consent for an initial and triennial assessment. This document also discusses the legal process when the parent will not provide consent and the district engages in activities to have the student assessed.

Due Process Hearings. (n.d.). California Legislative Information. Retrieved October 21, 2022, from https://www.dgs.ca.gov/OAH/Case-Types/Special-Education/Self-Help/Due-Process-Hearings
This document provides the legal language and statutes regarding parental consent and notice under ESSA and part of the California healthy youth act. The legal language highlights the educational curriculum that requires parental consent, the timelines for notice of the information and curriculum, as well as who can provide the curriculum.

The California Healthy Youth Act: Education code § § 51930 ‐51939 comprehensive sexual health and HIV prevention education. (n.d.). ACLU of California. Retrieved October 21, 2022, from https://www.aclusocal.org/sites/default/files/questions_and_answers_for_school_districts-ca_healthy_youth_act.pdf
This document discusses the California healthy youth act that was enacted in 2016. This document addresses topics such as sex education, hiv prevention and education, parental consent, the age/grade in which this education is to take place, the requirements and content presented at the different age/grade levels, and how the law addresses issues of abstinence only content, LGBTQ sexual orientation and gender identity, local health resources, students with disabilities, and students who are English language learners.

California Code, Education Code - EDC § 51513. (2019, January 1). Findlaw. https://codes.findlaw.com/ca/education-code/edc-sect-51513.html
This very brief blurb states that no survey or questionnaire in grades 1-12 that askes for information regarding family, sex, religion, morality will be administered without prior written parental consent.