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2006-07-10 06:03:14 · 2 answers · asked by jerzegurl0520 1 in Education & Reference Special Education

2 answers

Crack open your book and find out what this public law that made a free and appropriate public education a right for people with disabiities. It should read something like this:
Overview and Synopsis of the Law

Six key mandates are outlined in 94-142 and continue to serve as the guiding principle in serving students with special needs (Kirk, et al., 2000; Turnbull & Turnbull, 1998). States receiving federal funds were required to comply with the federal mandates. These include:

Zero Reject/FAPE. This mandate specified that all children, regardless of ability, are guaranteed a free and appropriate public education (FAPE). Local school systems were mandated to serve children ages 6-17 (and ages 3-5 and 18-21 if the state also educated nondisabled children in those age groups).

Nondiscriminatory Identification and Evaluation. In order to address inequitable practices resulting in misidentification and placement of individuals into special education (such as culturally and linguistically diverse children) this mandate identified several essential safeguards. These included assessments which were: (a) administered in a child's primary language, (b) given by qualified personnel, (c) tailored to assess specific areas of need (not just IQ tests), (d) comprised of more than one procedure, (e) selected so as not to discriminate against the child's disability, and (f) administered by a multidisciplinary team in all areas related to the suspected disability.

Individualized Education Program (IEP). An IEP must be written for each student with an identified disability. Each IEP is uniquely designed to meet the individual needs of a particular student. A team of individuals known as the IEP team meet annually to develop or up-date the IEP for all students receiving special education or related services. The IEP team consists of professionals, parents, and child, as appropriate. IEPs must include the following statements or information: (a) present levels of educational performance, (b) measurable annual goals including benchmark or short term objectives, (c) objective criteria and evaluation procedures, (d) specific special education and related services, (e) extent of participation in general education and an explanation of non-participation, (f) modifications to the general education environment, (g) projected dates for initiation and duration of services, and (h) annual evaluation of progress made on the IEP. IEP teams can convene at any time, but must meet at least annually.

You can view a sample IEP by linking to the Teaching Tools section of our web site.

Least Restrictive Environment (LRE). PL 94-142 mandates that "To the maximum extent appropriate, children with disabilities, including children in public or private institution or other care facilities, are to be educated with children who are not disabled, and that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occur only when the nature or severity of the disability is such that education in the regular classes with the use of supplementary aids and services cannot be achieved satisfactorily." The concept of LRE necessitates that children with and without disabilities should be educated together unless it does not meet the child's needs. "The philosophy is to move as close to the normal setting (regular classroom) as feasible for each child" (Kirk, et. al, 2000, p. 73).

Due Process. Due Process is a system of checks and balances to ensure accountability and fairness for students with disabilities and their families. "Families and school districts can exercise their Fourteenth Amendment rights to due process..." (Hunt & Marshall, 1999, p. 15). These procedures include the following: (a) written parental permission for evaluation for special education, (b) written parental permission prior to placement in special education program, (c) parent right to review and question any of their child's records, (d) parental right to an independent educational evaluation for their child, (e) parents (and school officials) have a right to a hearing, to present evidence, to have a lawyer present, and to call and confront witnesses, (f) parents and school officials have the right to appeal, and (g) confidentiality concerning students and their families must be maintained.

Parental Participation. Parents have the right to be included in placement decision, IEP development and evaluation. Schools should collaborate and communicate consistently with family members. Parents also have the right to access their child's educational records.

2006-07-16 16:05:04 · answer #1 · answered by cindy1323 6 · 0 0

This Site Might Help You.

RE:
what are the six key princple to PL 94-142?

2015-08-06 08:33:10 · answer #2 · answered by Koenraad 1 · 0 0

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