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Peds - Legal issues
Legal issues & state resources: head start, early intervention, dept of edu
| Question | Answer |
|---|---|
| Historical overview | - Services provided to “crippled kids” - affected by poliomyelitis in hospitals and special schools - Special schools excluded some kids - Exclusion philosophy went til 1975- Public Law |
| Special schools established in 20th century for kids with: | - polio - Spastic paralysis - Cardiac disorders - Erb’s palsy - Bone & joint TB - Club feet - Osteomyelitis |
| 1954: Brown vs Board of Ed | - Desegregation of Schools - “Separate is not equal” |
| 1961: President Kennedy | established President’s Panel on Mental Retardation |
| 1965: Elementary & Secondary Education Act (ESEA) | Funding and minimum standards for public edu for kids |
| 1971: PARC v. Commonwealth of PA | - Free appropriate ed in least restrictive environment - parent involvement - re-evaluations |
| 1972: Mills v. Board of Ed of DC | - All kids no matter how severe the disability - MR or behavioral problem must be provided for by ed system |
| 1972: Marc vs Maryland | Right to: tuition subsidies - transportation - inclusion |
| 1975: The Federal Developmental Disabilities Assistance and Bill of Rights Act | Included clause which mandated states to reform institutions and provide a plan for de-institutionalization |
| 1975: Public Law- The Education for All Handicapped Children Act | - Free and appropriate public school ed for all school aged (6-21) kids with disabilities - Emphasized individualized services to meet unique needs of child - Related services included (PT, OT etc) |
| **Key Elements of Edu for All Handicapped Children Act | - Zero Reject - Least Restrictive Environment - Right to due process - Nondiscriminatory evaluation - Individualized Education Plan (IEP) - Parent Participation - Related Services |
| Zero Reject | All kids entitled to education including kids with severe disabilities |
| Least restrictive environment | -Kids w/disabilities included in public/private schools or other facilities - use supplementary aids and services child needs it to be ed w/normals - disabled kids only moved to special classes or separate schools if can't have successful ed with aids |
| Least restrictive environment 2 | - Regular classroom for school age children - Point of debate - Services are individualized -> continuum of intervention location |
| Least restrictive -> most restrictive environment | - Regular school in community/neighborhood - Regular school outside community - Special Ed. School - Instruction at home - Residential facility |
| Right to Due Process | - Protected rights of kids with disabilities and their parents - Impartial hearing - Right to representation by lawyer - Right to appeal - 1986- reimbursement for legal fees if court case is won. |
| Nondiscriminatory Evaluation | - Tests and placements were found to be discriminatory in many school systems - No one test can be used as sole criterion for placement - Mainly in cognitive and language testing but what are the implications for PT? |
| Parent Participation | - Participate in the development of IEP - Grant permission for an evaluation - Restrict information release - Access to records - Request hearing |
| Related Services | -Provided “to assist child with disability to benefit from special ed” -Interpretation different in different schools -Include PT, OT, Speech, counseling, recreation, therapeutic rec etc. |
| 1986: Education for All Handicapped Act (EHA) amendment | Extended services to infants, toddlers and young children with disabs and their families |
| Edu for All Handicapped Act addresses what needs (4) | - Development of infs & todds with disabs - Decr edu costs - Minimize need for institutionalization - Help families meet needs of infs & todds with disab -Individualized Family Service Plan (IFSP)introduced |
| Edu for All Handicapped Act to address needs (3 cont'd) | - Financial @ to states to develop early intervention (EI) programs (voluntary) - Coordinate payment for EI services from Fed, state, local & private sources - Help states provide quality EI services (expand and improve existing) |
| 1990: Reauthorization and revision of EHA and renaming | Individuals With Disabilities Education Act (IDEA) |
| IDEA amendment | - Added autism & TBI to be eligible - Required Transition services for students 16+ yrs - Added @ive technology and rehab counseling as related services |
| 1991: Amendments & reauthorization | - Addressed transition from EI to Part B programs (free appropriate edu 3-21) - IFSP for kids 3–6 yrs old (Part C) |
| 1997: IDEA amendment | -Related services + transition services -Changed: related services not required to attend IEP meetings ->should attend if appropriate -Private schools included in funds -Help students succeed in general curriculum -Emphasize inclusion |
| When did PT services begin in special schools? | 1930’s |
| IDEIA 2004 | Individuals with Disabilities Edu Improvement Act, **but still use IDEA |
| IDEIA involves | -refine/reorganize previous amendments -disability is natural part of human experience, doesn't diminish right of individuals to participate/contribute to society |
| IDEA 2004 | - universal design principle is part of @ive Technology Act of 1998 - @ive technology and services let kid benefit from edu environment |
| Section 504, originally part of Rehabilitation Act of 1973 | -recipients of federal funding provide equal opportunities for people with disab -kid can receive related services even if not eligible for special ed |
| State Advisory Panel | -required for each state -help state develop & report info to govt -comments on rules & regulations -must have disabled people on panel (majority) |
| Personnel standards | state requires qualifications displayed |
| No Child Left Behind (NCLB) Act 2001 amendment | -accountable for results -emphasize evidence based procedures -more parental options -more local control and flexibility |
| NCLB states that | -all kids will read -progress measured by statewide standardized tests |
| NCLB implication for kids with disab | special ed students have to test and show academic progress |
| Head Start: how it began | -meet needs of disadvantaged preschool kids -8 wk program in 1965 |
| Head Start: ages | Early Head Start: 0-3, Regular 3-5 |
| Head Start to serve the homeless kids | 2007, needed a mailing address before |
| Head Start: benefits | -family stability -Decr repeating grades, enrolling in special ed -Decr crime costs, welfare dependency -Incr test scores, employment and earnings by age 20 -Decr age 5-9 mortality |
| Head Start: Comprehensive program | -Preschool edu -social services -medical & dental care -work with parents as well |
| Head Start: negative reports | -early benefits that fade -function at lower level than peers if not sent to different school |
| Revisions of Americans with Disab Act (ADA) | -protect job of people with disab -protect parents of kids with disab from being denied a job (anticipated health insurance cost) -transportation -physical structures |
| Mandatory reporting | -call right away if abuse suspected -otherwise possible 12 months in jail -PTs document, not investigate -Reporter protected if reports found not true |
| 6 models of interaction | Unidisciplinary, Intradisciplinary, Multidisciplinary, Interdisciplinary, Transdisciplinary, Collaborative |
| Unidisciplinary | - professional working alone, not team approach - should rarely or never be used in edu setting |
| Intradisciplinary | -same professionals working together -not collaborating with others |
| Multidisciplinary | -2+ disciplines/professionals -integrated & coordinated services |
| Interdisciplinary | -emphasize teamwork during eval & developing programs -role definitions relaxed |
| Transdisciplinary | professionals working with others across traditional disciplinary boundaries |
| Collaborative | - transdisciplinary + integrated service delivery -natural routines, natural environment |
| 4 models of service delivery | -medical vs edu -direct model -consultative -monitoring |
| Medical vs Educational | -in terms of purpose and regulation -define difference bc of payment -overlap in settings, address the whole child -must follow state practice act |
| Direct model | -therapist is primary provider -traditional model -emphasize on motor skills -should be combined with other delivery models |
| Consultative | -services in learning environment implemented by appropriate team members -PTs meet with others, demonstrate activities -Professionals receiving consultation responsible for outcomes |
| Monitoring | -PT instructs team, regularly contacts child to check status and outcomes -can be used as transition from direct to no service or vs versa |
Created by:
neej
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