Legal Bases in Special Education: Kristine Karla G. Bouffard

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Legal Bases in

Special Education
KRISTINE KARLA G. BOUFFARD
Section 504 under the
Rehabilitation Act of 1973
❑Alternative for students who do not qualify for special educational
services
▪ Does not fall into the categories for students with disabilities under the law
▪ Students does not have recognized disability but the disability is not severe enough to
earn an IEP

❑No extra funding of the student that qualify


How to qualify for 504 Plan?
➢Has a physical or mental impairment that substantially limits major
life activity
➢Has a record of impairment
➢The impairment is not temporary
▪ AIDS / HIV
▪ ADHD
▪ Diabetes
▪ Asthma
▪ cancer
Who creates the 504 Plan?
oGeneral Education Teacher
oSchool Administrators
oSpecial Education Teacher
oThe parent or guardian
IEP vs. 504 Plan
IEP 504 Plan
Provides both accommodations Guarantees only equal access
and modifications through accommodations
Related services are included Does not guarantee
Students are provided and modifications in the curriculum
individualized education through Students are mostly in general
and IEP document education classes
The Education for all Handicapped
Children Act of 1975
▪Provides federal funding to states that agrees to educate students with
disabilities in public schools
▪Free and appropriate education in the least restrictive environment
▪ Be educated together with children who are not disabled and may only be removed only
when the nature or severity f the disability is such that education in the general education
classroom cannot be achieved

▪Required an IEP for each child


The Individuals with Disabilities
Education Act (IDEA) - 1990
➢ Formerly known as the Education for all Handicapped Children Act
➢Added traumatic brain injury and autism as new disability categories
➢Principles of IDEA
• Zero Reject
• Nondiscriminatory Evaluation
• Free and Appropriate Public Education (FAPE)
• Least Restrictive Environment
• Due Process Safeguards
• Parent Participation
No Child Left Behind Act
(NCLB) - 2001
➢Guarantees that all children in public school are proficient in important
academic subjects by 2013-2014
➢Ensures that highly qualified teacher will teach all students by 2005-2006

➢IDEA has been reauthorized in 2004 aligning it with NCLB (IDEA 2004)
➢Highly qualified special education teacher
➢No longer requires IEP to include short-term objectives
RA 7277 – Magna Carta for
Disabled Persons
➢Access to quality education
➢Assistance to disabled students
➢Specialized education
➢Vocational or Technical and other training programs
➢Non-Formal Education
➢State Universities and Colleges

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