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.
- 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.