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Peds - Legal issues

Legal issues & state resources: head start, early intervention, dept of edu

Historical overview - Services provided to “crippled kids” - affected by poliomyelitis in hospitals and special schools - Special schools excluded some kids - Exclusion philosophy went til 1975- Public Law
Special schools established in 20th century for kids with: - polio - Spastic paralysis - Cardiac disorders - Erb’s palsy - Bone & joint TB - Club feet - Osteomyelitis
1954: Brown vs Board of Ed - Desegregation of Schools - “Separate is not equal”
1961: President Kennedy established President’s Panel on Mental Retardation
1965: Elementary & Secondary Education Act (ESEA) Funding and minimum standards for public edu for kids
1971: PARC v. Commonwealth of PA - Free appropriate ed in least restrictive environment - parent involvement - re-evaluations
1972: Mills v. Board of Ed of DC - All kids no matter how severe the disability - MR or behavioral problem must be provided for by ed system
1972: Marc vs Maryland Right to: tuition subsidies - transportation - inclusion
1975: The Federal Developmental Disabilities Assistance and Bill of Rights Act Included clause which mandated states to reform institutions and provide a plan for de-institutionalization
1975: Public Law- The Education for All Handicapped Children Act - Free and appropriate public school ed for all school aged (6-21) kids with disabilities - Emphasized individualized services to meet unique needs of child - Related services included (PT, OT etc)
**Key Elements of Edu for All Handicapped Children Act - Zero Reject - Least Restrictive Environment - Right to due process - Nondiscriminatory evaluation - Individualized Education Plan (IEP) - Parent Participation - Related Services
Zero Reject All kids entitled to education including kids with severe disabilities
Least restrictive environment -Kids w/disabilities included in public/private schools or other facilities - use supplementary aids and services child needs it to be ed w/normals - disabled kids only moved to special classes or separate schools if can't have successful ed with aids
Least restrictive environment 2 - Regular classroom for school age children - Point of debate - Services are individualized -> continuum of intervention location
Least restrictive -> most restrictive environment - Regular school in community/neighborhood - Regular school outside community - Special Ed. School - Instruction at home - Residential facility
Right to Due Process - Protected rights of kids with disabilities and their parents - Impartial hearing - Right to representation by lawyer - Right to appeal - 1986- reimbursement for legal fees if court case is won.
Nondiscriminatory Evaluation - Tests and placements were found to be discriminatory in many school systems - No one test can be used as sole criterion for placement - Mainly in cognitive and language testing but what are the implications for PT?
Parent Participation - Participate in the development of IEP - Grant permission for an evaluation - Restrict information release - Access to records - Request hearing
Related Services -Provided “to assist child with disability to benefit from special ed” -Interpretation different in different schools -Include PT, OT, Speech, counseling, recreation, therapeutic rec etc.
1986: Education for All Handicapped Act (EHA) amendment Extended services to infants, toddlers and young children with disabs and their families
Edu for All Handicapped Act addresses what needs (4) - Development of infs & todds with disabs - Decr edu costs - Minimize need for institutionalization - Help families meet needs of infs & todds with disab -Individualized Family Service Plan (IFSP)introduced
Edu for All Handicapped Act to address needs (3 cont'd) - Financial @ to states to develop early intervention (EI) programs (voluntary) - Coordinate payment for EI services from Fed, state, local & private sources - Help states provide quality EI services (expand and improve existing)
1990: Reauthorization and revision of EHA and renaming Individuals With Disabilities Education Act (IDEA)
IDEA amendment - Added autism & TBI to be eligible - Required Transition services for students 16+ yrs - Added @ive technology and rehab counseling as related services
1991: Amendments & reauthorization - Addressed transition from EI to Part B programs (free appropriate edu 3-21) - IFSP for kids 3–6 yrs old (Part C)
1997: IDEA amendment -Related services + transition services -Changed: related services not required to attend IEP meetings ->should attend if appropriate -Private schools included in funds -Help students succeed in general curriculum -Emphasize inclusion
When did PT services begin in special schools? 1930’s
IDEIA 2004 Individuals with Disabilities Edu Improvement Act, **but still use IDEA
IDEIA involves -refine/reorganize previous amendments -disability is natural part of human experience, doesn't diminish right of individuals to participate/contribute to society
IDEA 2004 - universal design principle is part of @ive Technology Act of 1998 - @ive technology and services let kid benefit from edu environment
Section 504, originally part of Rehabilitation Act of 1973 -recipients of federal funding provide equal opportunities for people with disab -kid can receive related services even if not eligible for special ed
State Advisory Panel -required for each state -help state develop & report info to govt -comments on rules & regulations -must have disabled people on panel (majority)
Personnel standards state requires qualifications displayed
No Child Left Behind (NCLB) Act 2001 amendment -accountable for results -emphasize evidence based procedures -more parental options -more local control and flexibility
NCLB states that -all kids will read -progress measured by statewide standardized tests
NCLB implication for kids with disab special ed students have to test and show academic progress
Head Start: how it began -meet needs of disadvantaged preschool kids -8 wk program in 1965
Head Start: ages Early Head Start: 0-3, Regular 3-5
Head Start to serve the homeless kids 2007, needed a mailing address before
Head Start: benefits -family stability -Decr repeating grades, enrolling in special ed -Decr crime costs, welfare dependency -Incr test scores, employment and earnings by age 20 -Decr age 5-9 mortality
Head Start: Comprehensive program -Preschool edu -social services -medical & dental care -work with parents as well
Head Start: negative reports -early benefits that fade -function at lower level than peers if not sent to different school
Revisions of Americans with Disab Act (ADA) -protect job of people with disab -protect parents of kids with disab from being denied a job (anticipated health insurance cost) -transportation -physical structures
Mandatory reporting -call right away if abuse suspected -otherwise possible 12 months in jail -PTs document, not investigate -Reporter protected if reports found not true
6 models of interaction Unidisciplinary, Intradisciplinary, Multidisciplinary, Interdisciplinary, Transdisciplinary, Collaborative
Unidisciplinary - professional working alone, not team approach - should rarely or never be used in edu setting
Intradisciplinary -same professionals working together -not collaborating with others
Multidisciplinary -2+ disciplines/professionals -integrated & coordinated services
Interdisciplinary -emphasize teamwork during eval & developing programs -role definitions relaxed
Transdisciplinary professionals working with others across traditional disciplinary boundaries
Collaborative - transdisciplinary + integrated service delivery -natural routines, natural environment
4 models of service delivery -medical vs edu -direct model -consultative -monitoring
Medical vs Educational -in terms of purpose and regulation -define difference bc of payment -overlap in settings, address the whole child -must follow state practice act
Direct model -therapist is primary provider -traditional model -emphasize on motor skills -should be combined with other delivery models
Consultative -services in learning environment implemented by appropriate team members -PTs meet with others, demonstrate activities -Professionals receiving consultation responsible for outcomes
Monitoring -PT instructs team, regularly contacts child to check status and outcomes -can be used as transition from direct to no service or vs versa
Created by: neej
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