Chapter 14 Study Notes: Laws, Standards, and Guidelines in Audiology for Speech Language Pathologists

Chapter 14: Laws, Standards, and Guidelines in Audiology for Speech Language Pathologists

Introduction

  • Discussion focused on laws, standards, and guidelines that shape the practice of speech-language pathologists (SLPs), especially regarding children and adults with hearing loss.
  • Emphasis primarily on children, but also touching on relevant laws affecting adults.
  • Encouragement for students to read the corresponding textbook chapter for detailed information.

Individuals with Disabilities Education Act (IDEA)

  • IDEA Overview
    • Guarantees a free and appropriate public education (FAPE) to all children, especially those with disabilities.
    • Parents often seek high-level services (referred to metaphorically as “Cadillac” or “Mercedes Benz” level services).
  • School District Perspective
    • School districts focus on what is appropriate for the child rather than luxurious options.
Examples of Service Requests
  • Parents sometimes ask for extreme accommodations, e.g. Olympic-sized swimming pools, which are not appropriate for educational needs.
    • More reasonable requests include interpreters, note-takers, and FM systems suited to the child’s learning and functional needs.

Service Delivery Models

  • Shift from early intervention services to public school education at age 3 under IDEA:
    • Part C: Early intervention services for children from birth to age 3 focus on preventing developmental delays.
    • Part B: Public school services from ages 3 to 21 may follow a failure model where children must fail to qualify for services.
  • Challenges faced by families transitioning from early intervention to school services:
    • Difficulty in accessing services once the child is performing adequately for school district criteria.
    • Families may seek private services to maintain support during the transition period.

Structure of IDEA

  • Educational Programs: Mandatory for children with disabilities aged 3 to 21.
  • Child Find Component: Obligates school districts to locate, identify, and evaluate children suspected of disabilities.
  • IEP Process: Includes timelines for evaluation, meetings, and placement.
  • IFSP vs. IEP:
    • IFSP (Individualized Family Service Plan) for ages birth to 3.
    • IEP (Individualized Education Plan) for ages 3 and up.
  • Describing Eligible Conditions: IDEA outlines conditions under which children qualify for services, including speech and audiology as related services.

Related Services under IDEA

  • Suggested Related services include:
    • Speech Language Pathology
    • Audiology
    • Interpretation
    • Psychological Services
    • Physical and Occupational Therapy
    • Counseling and Parent Training

Least Restrictive Environment (LRE)

  • Children with disabilities should be educated alongside peers without disabilities whenever possible.
  • Special classes or removal from the regular educational environment should occur only if necessary.
  • Families may advocate for LRE based on individual child needs and communication modes (e.g., ASL).

Discipline for Special Education Students

  • School personnel can remove a child from educational settings for code violations.
  • Functional Behavioral Assessments may be conducted for disruptive behaviors.
  • Specific circumstances warrant unilateral changes in programs, especially serious offenses (weapons, controlled substances).
  • Due Process: Parents can pursue legal avenues if schools refuse services or modify programs without consent.
  • Example court case in 2023 concerning a deaf student denied a diploma despite successful attendance.

Causes of Disputes under IDEA

  • Common issues leading to disputes:
    • Denial of evaluation or eligibility for services.
    • Disagreement over identified disabilities.
    • Discrepancies in requested vs. offered service types, frequency, and duration.

Classroom Considerations: Acoustic Environment

  • Importance of optimizing classroom acoustics for children with hearing loss.
  • Issues arise in older school buildings lacking sound absorption and too much background noise.
    • Possible solutions: Adding carpets, sound panels, and FM systems.
  • Acoustic Standards: Established by the American National Standards Institute (ANSI) for sound levels in school environments.

Family Educational Rights and Privacy Act (FERPA)

  • FERPA Overview: Protects the confidentiality of educational records.
  • Types of records covered include all materials directly related to a student maintained by educational agencies.
  • Exemptions include authorized school officials and certain governmental agencies for specific educational services.

Section 504 of the Rehabilitation Act

  • Ensures no qualified individual with a disability is discriminated against in federally funded programs.
  • Addresses needs for accommodations in school settings, such as interpreters for ASL users.

Americans with Disabilities Act (ADA)

  • Protects equal access to programs and services for individuals with disabilities, including educational opportunities.
  • Requires structural modifications to facilities to increase accessibility.
  • Mandates telecommunication relay services for effective communication.

Health Insurance Portability and Accountability Act (HIPAA)

  • Protects patient health information and ensures privacy in health records.
  • Outlines conditions for confidentiality and disclosure of medical information.
  • Patients have rights to review and amend their health information.

Civil Rights of Institutionalized Persons Act

  • Safeguards rights and safety of individuals in various institutions.
  • Authorizes civil rights complaints regarding treatment within these settings.

Medicare vs. Medicaid

  • Medicare: Federally funded program for individuals over 65 or those with disabilities; includes various parts (A-D).
    • Part A: Hospital insurance
    • Part B: Medical insurance
    • Part C: Medicare Advantage
    • Part D: Prescription coverage
  • Medicaid: State-run program for low-income individuals with varying services across states.

The Joint Commission

  • Inspects healthcare facilities for compliance and grants accreditation.
  • Important for facilities to maintain standards in various regulations including HIPAA compliance.

Conclusion

  • Summarization of the chapter's main points highlighting the challenges and nuances in navigating laws and standards affecting services for individuals with disabilities, particularly in the education sector.