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Emily Flower

February 10, 2015

Due Process Display

Due Process Display

The overall focus of the last two weeks has been the laws and regulations that

have been created and implemented around the United States that all teachers and

schools, especially special educators, must follow in order to ensure that all students are

given equal opportunities in education. Some of the laws and acts that we have talked

about are PL 94-142, I.D.E.A., I.D.E.A. (r), Section 504, and due process.

PL 94-142 is also called the Education For All Handicapped Children Act. It was

established in 1975 and had four major purposes. One of its purposes was the

introduction of F.A.P.E., which gave all students regardless of disability the right to a

free and appropriate public education. This meant that it was illegal for a public school to

deny a child an education or tell them that the school does not have the program that they

need. PL 94-142 also ensured that all decision-making for students with disabilities

would be done fairly and appropriately. In other words, this meant that there would be no

discrimination during the evaluation process. PL 94-142 also created the need for an

Individualized Education Program (IEP) that identified the student’s goals and the

specifics on how those goals are going to be reached. In addition, it created procedural

due process. If a parent questions the programs and services within the school, the parents

have the right to go to a due process hearing. On the other hand, schools have the right to

a hearing if they are questioning the parent. PL 94-142 also gave funding to state and

local governments for special education programs through the use of Federal funds. PL
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94-142 is an important law in regards to special education. I think that the most important

aspect of PL 94-142 is the creation of F.A.P.E. because without it, students with

disabilities would not be allowed to receive an education and would be discriminated

against even more than they already are today.

In addition, the Individuals with Disabilities Education Act (I.D.E.A.) was signed

in 1990. One of the big things that I.D.E.A. changed was the type of language used to

label and describe individuals with disabilities. I.D.E.A. focuses on using person-first

language in order to get away from using the individuals disability to describe them.

Another thing it did was require at least one general education teacher to be a member of

the IEP team. I.D.E.A. also created the idea of LRE, or least restrictive environment. This

meant that students with disabilities had to be given access to the general education

curriculum when appropriate. This act also required that students with IEPs must be

included in all state or district wide testing programs. In addition, I.D.E.A. created dual

discipline for all students in special education programming, in the evaluation cycle, or

suspected to have a disability. Overall, I.D.E.A is an important act because it increased

the fact that public schools were not allowed to discriminate against students with

disabilities.

Furthermore, the re-authorization of I.D.E.A in 2004 maintained the major

components of I.D.E.A. but did include some new things that public schools had to

follow. One thing the Improvement Act did was reduce lawsuits against the schools by

requiring mediation before going to a due process hearing. It also reduced the amount of

paperwork that teachers and schools had to complete for each student. I.D.E.A (r) also

expanded on dual discipline by saying that under special circumstances, a student with a
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disability can be removed from a school and placed in an interim setting for up to 45 days

regardless of whether the circumstances were related to the student’s disability or not.

Moreover, Section 504 (also known as the Rehabilitation Act) was signed in

1973. One unique thing about this act was that it was not actually special education

legislation but it was used to address accessibility issues. It offers assistance to

individuals with mental or physical impairments that significantly limit one or more life

activities and are denied services through I.D.E.A. A student can be placed on a 504

temporarily or for long periods of time. Three ways to get a 504 is to have a documented

disability, to have had a documented disability in the past, or suspect that the student has

a disability. Section 504 is similar to PL 94-142 with its due process procedures and, like

I.D.E.A., it requires there to be a 504 team of knowledgeable individuals.

As previously mentioned, due process gives the parents of a student with

disabilities and the school the right to a hearing if they are questioning the school’s

services or the parent. According to the Arizona Department of Education, the dispute

resolution process consists of four steps. The first step is early resolution, which provides

guidance to parents and schools wanting a due process hearing. The second step is

mediation, required by the re-authorization of I.D.E.A., where parents and schools can

meet and discuss their conflicts in front of a mediator to see if they can come to a suitable

agreement. The third step of the process is the due process hearing system, which is a

formal court environment used to resolve any matters that were not agreed upon in

mediation. The fourth and final step is the state administrative complaint system where

members of the community can warn the State Education Agency about non-compliance

with I.D.E.A. in public schools.

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Overall, I think that these various acts and laws have benefited special education.

These acts and laws have given individuals with disabilities various opportunities that

they would have never received without them. For example, without PL 94-142, people

with special needs would not be given the right to an education like the general

population. Also, they have significantly helped to decrease discrimination against

individuals with disabilities in public schools. They have created fairness and equality in

programs and services. One thing that I do not completely agree with is dual discipline. I

understand that it is beneficial so that students with disabilities are not suspended or

reprimanded for something that interferes with their disability, but I don’t agree that some

students use their disability as an excuse to get away with doing something bad or

sometimes, even illegal.