Term
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Definition
1. high quality research based general ed. instruction
2. Continuous progress monitoring
3. Screening
4. Multiple tiers of intervention |
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Term
| What can RTI be used to identify and what can it not be used to identify? |
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Definition
| can ONLY be used to identify SLD kids. MR diagnosis required IQ and other groups require other specific assessments |
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Term
| El Paso test and delay (2 parts) |
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Definition
1. Reason to suspect disability
2. Reason to suspect NEEDS SpEd services to succeed |
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Term
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Definition
Courts have clearly held that if what is going on in the RTI process is high quality service that is intense and progress monitored and reason for RTI is to keep him/her in gen. ed.--> OKAY.
What the courts slam is RTI without progress monitoring, RTI where there is consequential debate about the implementation of the intervention, and RTI cycle/recycle where the system is NOT progressing--> NOT OKAY.
Real question is the quality of the school's RTI system. |
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Term
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Definition
| parents have right to see child's records until they turn 18 and then it is the child's right and the parents must get child's consent (prob. really never happens) |
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Term
| FERPA bar release without consent |
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Definition
State and Fed. government allowed to access records without consent. All information without student identifiable information can be released without consent.
State can share identifiable information and data for projects that they are hired to perform. |
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Term
| FERPA and right to challenge |
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Definition
| parents have a right to challenge anything in their child's file |
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Term
| FERPA and right to review: practitioner notes |
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Definition
any personal notes that are not in the student's official file are not subject to the same rights.
personal notes do not have to be disclosed- keep them secured and not in official school file |
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Term
| Special Education in Private schools |
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Definition
| Basically the students' SpEd rights follow them to private schools, but the burden in on the public schools. Required to collaborate with the private school. Child find requirement to know child is in private school. |
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Term
| SpEd in private schools and tuition |
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Definition
public school is responsible for tuition payment if:
it is in the IEP, if parent wants to recover tuition after a unilateral placement they must forewarn school of their decision, plus revail on the other points (school failed to provide FAPE) |
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Term
| 2 types of Liability for student injury |
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Definition
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Term
| requirements for Negligence charge |
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Definition
1. duty to protect (implied by being a tchr)
2. Failre of reasonable standard of care
3. Proximate cause
4. Injury |
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Term
| what is different about tort |
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Definition
| Tort requires intent to harm |
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Term
| Search and seizure- school policy |
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Definition
| Schools can write it into their school policy that lockers are state property and can be searched at any time (can be random). If they don't have a policy about locker searching than they have to have reasonable suspicion. |
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Term
| reasonable suspicion vs. probable cause |
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Definition
| reasonable suspicion is a lower standard |
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Term
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Definition
| yes only for extra curricular activities |
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Term
| random search of person or personal property |
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Definition
not allowed, must have reasonable suspicion
Searches of the person are comparable to searches of their property but with liability concerns. |
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Term
| how should a search of the person go down? |
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Definition
Should not be humiliating or sexual.
2 same sex ppl present.
Private and secured location.
Should not have them strip past a point that is necessary to find what you are looking for (but permissable to have them strip all the way). |
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Term
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Definition
| can search your car with resonable suspicion if the car is parked on campus, cannot if the car is parked off campus. |
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Term
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Definition
| schools can do passive searching all they want (e.g. metal detectors, drug dogs) |
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Term
| main purpose of section 504 |
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Definition
| to prevent discrimination based on disability |
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Term
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Definition
| pre 1973 if you went to the airport there was no wheelchair access (access not required for disabled). Once 504 was passed it carried the requirement to have access for individuals with disabilities. |
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Term
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Definition
| Anyone who receives federal funds (e.g. transportation, schools, all big corperations, etc.) |
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Term
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Definition
| the office of civil rights- they made it a process and started with physical accessability |
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Term
| 504 prevents against ___________ discrimination |
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Definition
unreasonable.
Both the public and private sectors can discriminate if the handicap would prevent them from safely participating in the activity. |
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Term
| 504 requires ___________ accomodations |
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Definition
reasonable.
Schools must have a written plan. |
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Term
| is there $$$ tied to 504? |
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Definition
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Term
| 504 covers handicapping conditions in __ areas |
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Definition
7 areas including learning.
much broader and looser definitions than IDEIA |
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Term
| 504 is a _____________ law not a ___________ law |
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Definition
504 is a accomodation law not a treatment law
(IDEIA is a treatment law) |
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Term
| are private schools covered under 504? |
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Definition
if they apply for any federal grants/loans than yes.
Even if they currently don't receive any money if they build a building they would probably make 504 acceptable bc they may apply for $ later on. |
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Term
| 504 carries what type of liability |
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Definition
| civil liability...enforced by office of civil rights |
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Term
| if you are in a circumstance in which you think a child is being discriminated against because of their disability you should... |
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Definition
1. the parent needs to write a letter to the school regarding their complaint
2. when they get the denial they need to appeal it to the next highest order of the district
3. the fed. gov. will overtake it at that point
4. ultimate penalty is no more federal $$$ |
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Term
| Americans with Disabilities Act of 1990 |
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Definition
| Omibus legislation baring discrmination against the disabled. Major provisions regarding gov. services and employment. Requires reasonable accomodation. |
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