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Special Education Law Terms
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Supplementary Aids and Services
Supplementary Aids and Services are additional supports provided to children with disabilities to enable them to be educated with non-disabled children to the maximum extent appropriate. Context: These aids and services are critical elements in ensuring LRE and FAPE under IDEA.
Special Education
Special education consists of educational programs and practices designed for students who are identified as having a disability as defined by law. Context: Special education services are customized to address the individual needs of each student and can involve various support measures.
FAPE
Free Appropriate Public Education (FAPE) refers to special education and related services that are provided at public expense, under public supervision and without charge. Context: FAPE is guaranteed by Section 504 of the Rehabilitation Act and the IDEA.
Due Process Hearing
A due process hearing is a formal legal proceeding used to resolve disputes regarding the education of children with disabilities. Context: IDEA provides the right to a due process hearing when parents disagree with the IEP or the school's provision of a FAPE.
Response to Intervention (RTI)
Response to Intervention is a multi-tier approach to the early identification and support of students with learning and behavior needs. Context: RTI is not a part of IDEA, but it is a general education initiative that can help identify students who may need special education services.
Section 504
Section 504 of the Rehabilitation Act of 1973 protects the rights of individuals with disabilities in programs and activities that receive federal financial assistance. Context: Section 504 includes providing a FAPE to children with disabilities in public schools.
Transition Services
Transition services are a coordinated set of activities designed to facilitate the student's movement from school to post-school activities. Context: Transition services are part of IDEA and must be included in an IEP starting at age 16, or younger if deemed appropriate.
Inclusion
Inclusion refers to the practice of educating children with disabilities in regular classrooms with appropriate aids and services, as necessary. Context: Inclusion is a key concept in the LRE provision of the IDEA.
FERPA
The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. Context: FERPA gives parents certain rights with respect to their children's education records until they reach 18 years of age.
IEP
An Individualized Education Program (IEP) is a document that outlines the educational plan for a child with a disability. Context: Under IDEA, every student receiving special education services must have an IEP that is tailored to their unique needs.
Mediation
Mediation is a voluntary process in which a neutral third party assists parents and schools in resolving disagreements regarding a child's special education program. Context: Mediation is offered as an alternative to due process hearings under IDEA.
Behavior Intervention Plan (BIP)
A Behavior Intervention Plan is a plan that incorporates strategies to address behaviors that are impeding a child's learning or that of others. Context: A BIP is often developed after conducting an FBA and is a part of a student's IEP.
Prior Written Notice
Prior Written Notice is a written explanation from the school to the parents about a proposed or refused action regarding their child's education program. Context: Under IDEA, schools are required to provide Prior Written Notice before making any changes to a child's IEP.
LRE
Least Restrictive Environment (LRE) is a principle that states children with disabilities should be educated with non-disabled peers to the greatest extent appropriate. Context: The LRE clause is part of the IDEA, advocating for mainstreaming or inclusion where feasible.
Assistive Technology
Assistive Technology (AT) includes devices or services that help individuals with disabilities perform functions that might otherwise be difficult or impossible. Context: IDEA includes AT as one of the supports that may need to be provided to ensure a FAPE.
IDEA
The Individuals with Disabilities Education Act (IDEA) is a federal law that mandates public schools to provide free and appropriate education to children with disabilities. Context: IDEA ensures that children with disabilities have access to educational services that meet their unique needs.
Manifestation Determination
Manifestation Determination is a review process used to determine whether a student's misbehavior was a result of their disability. Context: Through IDEA, before disciplinary action is taken for a behavior incident, the IEP team must conduct a manifestation determination.
Child Find
Child Find is a legal requirement that schools identify, locate, and evaluate children with disabilities who may need special education services. Context: This mandate is part of IDEA, ensuring early identification and intervention for students who require special education.
Functional Behavioral Assessment (FBA)
Functional Behavioral Assessment is a process to determine the underlying cause of a child's behavior and to help develop an effective intervention plan. Context: FBA is often used in schools to address behaviors that impede a child's learning, particularly within special education settings.
Office of Special Education Programs (OSEP)
The Office of Special Education Programs is a federal office within the U.S. Department of Education that administers the IDEA. Context: OSEP provides leadership and financial support for services to children with disabilities across the United States.
Specific Learning Disability (SLD)
Specific Learning Disability is a type of disability characterized by difficulty in understanding or using language, affecting a child's ability to read, write, speak, or do mathematical calculations. Context: SLD is one of the categories under IDEA that can qualify a student for special education services.
Early Intervention
Early Intervention refers to services provided to very young children with developmental delays or disabilities. Context: Under IDEA, early intervention services are a part of the law and aim to enhance the development of infants and toddlers with disabilities.
Equal Protection Clause
The Equal Protection Clause is part of the Fourteenth Amendment of the U.S. Constitution and ensures that no state shall deny any person within its jurisdiction the equal protection of the laws. Context: The Equal Protection Clause is cited in arguments to ensure fair treatment of students, including those with disabilities.
Stay Put Provision
The 'Stay Put' provision of IDEA allows students to remain in their current educational setting during the process of a due process hearing. Context: This provision acts as a safeguard, ensuring that a child's education is not disrupted while disputes are being resolved.
Educational Surrogate
An Educational Surrogate is an individual appointed to represent the educational interests of a child when no parent or guardian is available to do so. Context: IDEA mandates that states ensure the rights of students by appointing Educational Surrogates when needed.
Positive Behavioral Supports
Positive Behavioral Supports are strategies or interventions designed to replace challenging behaviors with positive ones. Context: Positive Behavioral Supports are commonly utilized in special education to improve behavioral outcomes for students with disabilities.
Universal Design for Learning (UDL)
Universal Design for Learning is an educational framework that aims to increase access to learning for all students by reducing barriers. Context: UDL principles guide the development of inclusive curriculum and instruction strategies that accommodate diverse learners.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act is a civil rights law that prohibits discrimination based on disability. Context: The ADA extends protections similar to those provided under Section 504 and IDEA to areas beyond education, such as employment and public services.
Nonpublic School
A Nonpublic School is a private school that operates independently of the public school system. Context: Under certain circumstances, IDEA may require public school districts to provide special education services to children with disabilities enrolled in nonpublic schools.
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