SPED 389
Key Laws, Concepts, and Frameworks
Overview context: Federal laws guide middle school to post-secondary education, including FERPA (privacy of student records), ADA (Americans with Disabilities Act), IDEA (Individuals with Disabilities Education Act), and Section 504 of the Rehabilitation Act. The video discusses changes from PL 94-142 (EHA) to IDEA updates and the broader umbrella of disability rights laws. It emphasizes following federal laws and the larger framework for disabilities in education.
Major laws mentioned:
FERPA: Family Educational Rights and Privacy Act — protects the privacy of student education records and gives families certain rights regarding access and amendments.
ADA: Americans with Disabilities Act — civil rights law prohibiting discrimination based on disability; applies broadly to employment, public services, and accommodations; “no age limit” language is referenced for some ADA contexts.
Section 504 of the Rehabilitation Act (504 Plan): prohibits discrimination on the basis of disability and requires accommodations so that students with disabilities have equal access to education; has no age limit in school contexts.
IDEA: Special education law that guarantees FAPE and requires specially designed instruction for eligible students; has an age range and specific disability categories.
IDEA six major principles (referenced on page 43 of the course materials): Zero Reject; Nondiscriminatory Evaluation; Free Appropriate Public Education (FAPE); Least Restrictive Environment (LRE); Procedural Safeguards (parental participation and due process); and Parent/Family Participation. These form the core of how IDEA is implemented in schools.
Age and scope nuances:
IDEA: primarily covers ages 3 to 21 in most contexts (often 3 to 21, with eligibility extending into school years). In many districts, services run through high school graduation or until age 21.
Section 504: no age limit; applies to individuals with disabilities across all ages, including students, employees, and others; used to provide accommodations to ensure access.
ADA: no explicit age limit; broad civil rights protections for individuals with disabilities in multiple domains, including education, employment, and public life.
IDEA vs Section 504: two-tier framework with different purposes and scopes
IDEA: purpose is to provide Free Appropriate Public Education (FAPE) through special education services when a student is eligible; involves an Individualized Education Program (IEP) and related services; focuses on meaningful progress in education within the least restrictive environment.
Section 504 / ADA-based provision: focus on preventing discrimination and ensuring reasonable accommodations to access the general curriculum; may involve a 504 Plan (accommodations, supports) but not necessarily special education services unless eligibility criteria are met under IDEA.
Key differences highlighted in a 2.4 table (differences summarized):
Purpose: IDEA for appropriate education with special education services; 504 for anti-discrimination and accommodations.
Age range: IDEA $3\text{ to }21$; 504 no age limit.
Definitions: IDEA includes specific disabilities and developmental delay; 504 uses a broader definition of disability defined under the Rehabilitation Act.
Funding: IDEA funds special education and related services; 504 funding and services depend on school district resources and programs.
Assessment procedures, due process, coordination, and enforcement: both require nondiscriminatory evaluation; IDEA has formal due-process and procedural safeguards; 504 also has processes but may differ by district.
IEP vs 504 Plan: core distinction
IEP (Individualized Education Program): a formal, legally binding document developed for eligible students under IDEA; includes annual goals, present levels of performance, specialized instruction, related services, accommodations, and an outline of the least restrictive environment. It is created by a multi-disciplinary team (MDT) and overseen by a special education teacher; progress is monitored and reported.
504 Plan: an accommodation-focused plan under Section 504/ADA that ensures access to the general education curriculum through reasonable accommodations and supports; does not necessarily include specialized instruction or related services unless the student also qualifies for special education under IDEA.
Core components of the eligibility and assessment process
Eligibility requires demonstrating a disability under one of the IDEA categories or a substantial limitation in a major life activity under 504/ADA, plus significant impact on academic achievement or functional performance.
The assessment framework emphasizes nondiscriminatory, multi-factored evaluation and parental consent; assessments may include formal and informal tools.
Formal testing types:
Norm-referenced tests (IQ tests, standardized measures) – compare a student’s performance against a normative sample. Examples include standard IQ tests; scores are interpreted relative to norms.
Criterion-referenced / Curriculum-based assessments – measure performance against specific grade-level standards or curriculum rather than against a norm.
Informal assessments: observation, interviews, portfolios, checklists, work samples, performance tasks; these carry subjectivity but are crucial for context and day-to-day classroom realities.
Non-discriminatory assessment: tests and procedures must be provided in the student’s language and culture, ensuring fair assessment (e.g., if a student speaks French, assessments should be in French when appropriate).
Data collection, prereferral, and RTI (Response to Intervention)
RTI framework emphasizes proactive, data-driven problem solving to identify and support struggling students early, rather than waiting for failure (the “wait to fail” model).
RTI tiered approach:
Tier 1: Universal instruction in the classroom aligned with state standards; about 80–90% of students succeed with Tier 1 supports. 80\% \text{ to } 90\%
Tier 2: Targeted small-group interventions for students who need extra support; typically about 20\% \text{ to } 30\% of students may access Tier 2.
Tier 3: Intensive, individualized interventions for students with substantial or persistent needs; often leads to formal evaluation for eligibility.
Distinction from traditional three-tier systems (classroom, remedial, special education): RTI focuses on proactive, data-driven supports at Tier 1 and 2 to prevent the need for specialized services, whereas traditional models rely on eligibility determinations to place students into remedial or special education services after significant learning failure.
Process flow in RTI context: data collection in fall (observations, assessments, progress monitoring) → evaluate adequacy of supports → if insufficient progress, escalate to higher tiers or proceed to referral and formal evaluation with consent.
Multidisciplinary involvement in RTI and evaluation: roles for occupational therapists, speech-language pathologists, and other specialists as part of the evaluation planning, coordination, and service provision when necessary.
Assessment guidelines and the MDT process
Prereferral strategies (RTI-based) are implemented before formal evaluation to identify supports and accommodations that may help a student without requiring full eligibility testing.
Initial evaluation: after prereferral strategies and consent from parents, a full MDT (multidisciplinary team) conducts nondiscriminatory, comprehensive assessment to determine eligibility under IDEA or whether a 504 plan suffices.
Nondiscriminatory assessment language and practice: assessments should be in the student’s language and culturally appropriate; avoid bias; involve multiple sources (observations, interviews, formal tests, and collateral data).
If eligible under IDEA ($13$ disability categories) or under 504, an IEP or 504 Plan is developed; eligibility decisions are based on evidence of impact on academic achievement or functional performance.
The IEP (or program plan) is designed to connect assessment data to instruction: level of functioning, annual goals, related services, accommodations, and progress monitoring.
Program planning, progress monitoring, and long-term evaluation
IEP components (typical structure in practice):
Present levels of academic achievement and functional performance (PLOP)
Annual goals and short-term objectives
Description of special education services and related services
Description of assistive technology, accommodations, and modifications
Placement/least restrictive environment (LRE) considerations
A description of how progress toward annual goals will be measured and reported to parents
Transition planning (as appropriate, typically starting by age 16 in many districts)
Statement of the duration and extent of services
LRE and access considerations: students with disabilities should be educated with non-disabled peers to the maximum extent appropriate; placement decisions consider the benefits of inclusion versus specialized settings.
Annual program evaluation and three-year reevaluation: every three years, a comprehensive re-evaluation occurs to determine ongoing need for services; reevaluation may result in continuing, modifying, or terminating services.
Progress monitoring: regular checks on progress toward annual goals to inform instructional adjustments and reporting to families.
IEP development timeline and roles
The IEP is typically developed by a team including teachers (general and special education), a school psychologist, a speech-language pathologist, parents, and other related service providers as needed.
The IEP is a legal document; annual goals and progress are monitored and reported; significant changes require a new IEP meeting.
History and evolution of special education practice
Pre-1970: students with disabilities faced relative isolation; lack of laws allowed schools to deny admission or services due to absence of qualified teachers and resources.
Integration and inclusion development: gradually moved toward integrating students with disabilities into general education classrooms with accommodations and supports.
Shifts toward collaboration and empowerment: contemporary practice emphasizes family involvement, collaboration among professionals, and a system-wide approach to disability services; families participate in decision-making and conferencing about their child’s education.
The current model emphasizes a family-system approach, conference participation, and increased professional collaboration to promote student outcomes.
Early identification and the screening process: child find and early screening
Child Find: school-based effort to identify children with growth, development, achievement, ability, or behavior concerns early on; part of early identification and intervention efforts.
Growth and development domains include social, cognitive, and overall development, often tying back to prerequisites learned in growth-and-development coursework (e.g., EBUCP 45 context).
Behavioral concerns and achievement data help identify students who may need further assessment and potential eligibility determination.
The IEP and related service landscape
What is an IEP? An Individualized Education Program is a formal, comprehensive plan for eligible students that guides instruction, services, and supports; it specifies goals, services, LMS placement, and progress measures.
Who composes the IEP? A team often including a general and/or special education teacher, school psychologist, related services professionals (occupational therapy, speech-language pathology), parents, and the student when appropriate.
Related services and supports: examples include occupational therapy, counseling, physical therapy, speech-language pathology, and other supports necessary to enable the student to benefit from special education.
The document is legally binding and requires ongoing data collection to demonstrate progress toward annual goals and to guide program adjustments.
Ambiguities and practical notes from the session
Metacognition and reflection prompts used in class assessments:
Part 1 reflection structure: choose three court cases, with two reflected briefly and one discussed in-depth; focus areas include fairness, impact on special education, and school policies or calendars; two components to discuss broadly in the in-depth reflection include IEP components and another key element (e.g., policy impact, teacher practices).
Emphasis on metacognition: thinking about how the cases affect understanding of practice, social implications, and personal interpretation.
The instructor’s note on group work: groups may submit a single paper with both students’ names; avoid duplicate submissions; ensure clarity of group contributions and avoid “copied” submissions.
Emphasis on practical classroom application: from prereferral RTI to full evaluation, as a teacher you should document data, communicate with families, ensure consent, and connect assessment outcomes to instructional planning (IEP or 504 plan).
Key terms to remember for exams and practice prompts
Zero Reject, Nondiscriminatory Evaluation, FAPE, LRE, Parental Participation, Procedural Safeguards
IEP: Individualized Education Program; MDT: Multidisciplinary Team
RTI: Response to Intervention; Tier 1 (universal), Tier 2 (targeted), Tier 3 (intensive)
Child Find; nondiscriminatory assessment; related services; least restrictive environment; transition planning
13 IDEA disability categories; developmental delay (as applicable in some contexts)
504 Plan: accommodations under Section 504 of the Rehabilitation Act; no age limit; broad definition of disability; focus on access and non-discrimination
Practical implications for teachers and future practice
Always start with strong universal instruction (Tier 1) and build in RTI-based supports before moving to formal eligibility pathways, unless the child’s needs clearly meet criteria for special education.
Use a data-driven approach: collect progress data, document interventions, and collaborate with families and specialists to design appropriate supports.
Prioritize nondiscriminatory practices: ensure language, culture, and language access in assessments and supports; provide accommodations and modifications that reflect each student’s strengths and needs.
Understand LRE and the spectrum of placements: regular classroom with supports, resource rooms, separate classrooms, and other environments; decisions should balance educational benefit and social inclusion.
Recognize the historical context: understanding the shift from isolation to inclusion, and now to family involvement and empowerment, helps you appreciate the purpose of laws and practices in supporting student outcomes.
Quick references and reminders
IDEA eligibility: $13$ disability categories (plus developmental delay in some contexts). If eligible under IDEA, an IEP is pursued; otherwise, a 504 Plan may be implemented to ensure accommodations.
504/ADA accommodations focus on access and discrimination prevention; IEPs focus on individualized instructional programs and services.
Data and consent flow: prereferral RTI data → initial evaluation with MDT → nondiscriminatory assessment → eligibility determination → IEP or 504 planning → progress monitoring → reevaluation every ~3 years.
Metacognition in assessment tasks: reflect on fairness, impact, and practices; relate reflections to IEP components and the school’s broader approach to special education.
Key takeaways: master the distinctions between IDEA, 504, and ADA; understand RTI and prereferral processes; know the core IEP components and LRE concepts; appreciate the historical shift toward family involvement and inclusive practices; be ready to discuss the ethical and practical implications of assessment and placement decisions.