Art and Special Education Law

The law sometimes comes into the art room. Not as often as it does in other areas of a school, but it is always there in educational institutions. This presentation is meant to familiarize you with some of the laws, terms and acronyms. I hope that the length of this does not overwhelm you. As always, get a lawyer to give you legal advice and follow your employers’ guidelines.

DISCLAIMERSSince we are talking about laws I felt obligated to do this.

• I am NOT a lawyer.• I am a parent of children with various needs.• I am a special educator.• This is not intended as legal advice.• I will try not to let my personal biases seep into

this presentation. • This is not an all inclusive list, though I tried to

make it as exhaustive without being exhausting.

Laws that generally effect education

FERPA, Elementary and Secondary Education Act (aka No Child Left Behind),

McKinney-Vento Homeless Act, (Later if we have time…FOIA)

Laws Laws Laws• Most of the laws we will be talking about are Federal Laws.

They are in effect throughout all of the USA. • Each state interprets the laws a little differently and certainly

names their programs with all sorts of different acronyms.• The laws themselves maintain the same names across the

states though. • These laws are also subject to reauthorization for purposes

of funding and making changes to them, so you have to keep up to date with these changes. (Thank you internet.)

• Many of these laws are challenged in the Courts – something else to keep in mind.

Laws that generally effect education

FERPA, Elementary and Secondary Education Act (aka No Child Left Behind),

McKinney-Vento Homeless Act, (Later if we have time…FOIA)

FERPA

• The Family Educational Rights and Privacy Act of 1974 (FERPA or the Buckley Amendment) is a United States federal law.

• This is to protect privacy for educational records.• School employees may not release information

about a student’s personal information, academics or behavior with anyone other than the student and their parents and a school official who has a legitimate educational interest in the records.

FERPA for older students

• When a student is 18 y.o. their parents are not allowed access to their records without the student’s permission.

• The parents of an 18y.o. or older student is allowed access if the student is a "dependent student" as that term is defined in Section 152 of the Internal Revenue Code

In the Art Room

• CONFIDENTIALITY!!• Posting things on bulletin boards (keeping

personal information private)• Meetings• Talking to parents

ESEA Elementary and Secondary Education Act

• When it was reauthorized in 2001 it was given the No Child Left Behind name

• First passed as part of Pres. Lyndon Johnson’s War on Poverty

• It funds primary and secondary education, while explicitly forbidding the establishment of a national curriculum.

• It tries to close the achievement gap with high standards and accountability.

• In 1994 it provided for charter schools to be created as a public school option.

ESEA terms/acronyms

• LEA Local Education Agency

• SEA State Education Agency

• NCLB (pronounced Nickel B.)AYP Annual Yearly ProgressSafe HarborHighly Qualified TeachersRBI Research Based Instruction

EASA in DC• 44% of K-12 students in DC are educated at public charter schools.• LEA in DC is DCPS for traditional charter schools.• LEA for charters is the school (e.g. KIPP, Mundo Verde etc)• SEA in DC is OSSE (Office of the State Superintendent of Education)• Elementary Teachers (Grades K-6) •Must have a Bachelor’s degree;

AND •Pass an Elementary content test; OR •Achieve HQ status via a High Objective Uniform State Standard Evaluation (HOUSSE) process.

• Secondary Teachers (Grades 7-12) •Must have a Bachelor’s degree; AND •Pass the appropriate content test; OR •Have a major or its equivalent in the content area; OR Exemptions •Have an advanced degree in the content area; OR•National Board Certification in the content area; OR •Achieve HQ status via a High Objective Uniform State Standard Evaluation (HOUSSE) process.

EASA in the Art Room

• Annual High Stakes Testing• Teaching subjects that are not directly in the

field of art education.• Funding• HQ – Praxis tests• RBI – this is an area that is just beginning to be

developed in art education (other areas of research can touch on art education)

McKinney-Vento Homeless Act

• individuals who lack a fixed, regular, and adequate nighttime residence

• Free transportation to and from school • Stay at the school they were at before they

became homeless• Schools must register children even if they

lack the documentation

McKinney-Vento Homeless Act in DC

States must designate a statewide homeless coordinator to review policies and create procedures, including dispute resolution procedures, to ensure that homeless children are able to attend school.

Local school districts must appoint Local Education Liaisons to ensure that school staff are aware of these rights, to provide public notice to homeless families (at shelters and at school) and to facilitate access to school and transportation services.

McKinney-Vento Homeless Act Court Cases

• In Lampkin vs the District of Columbia, the District initially rejected further federal money to avoid complying with the act. Ultimately, however, the District changed its position and began receiving federal funds and more meaningfully implementing the act.

McKinney-Vento Homeless Act in the Art Room

• Project Create is a program in DC that provides art opportunities for under-privileged children.

• The ARC is also a place for art opportunities for children.

• Covent House a homeless shelter has also provided art opportunities.

• There are others as well.

Special Education Laws

All of the laws previously discussed apply to special education students. In addition…

• IDEAIndividuals with Disabilities Education Act• ADA Americans with Disabilities ActSection 504 of the Rehabilitation Act

IDEA

• Comes out of a long history of legislation and reauthorizations leading up to the current IDEA of 2004 PL 108-446

• Governs how states provide early intervention, special education and related services (Speech/language therapy, occupational therapy, physical therapy, counseling and other therapies)

• Covers children from birth to 18 years old (or 21 years old for certain cases)

IDEA can apply to students with…intellectual disability hearing impairments (including deafness)speech or language impairments visual impairments (including blindness) serious emotional disturbanceorthopedic impairmentsAutismtraumatic brain injuryother health impairments specific learning disabilitiesmedical conditions that need special education and related services.

IDEA eligibility• A team determines eligibility for a child who has one of

the 13 categories of special education and it must adversely affect their educational performance.

• Response To Intervention (RTI)All students must be taught with HQ teachers using RBI for

both academics and behavioral/social learning and problems with learning should be determined through continual assessment. There are 3 tiers to RTI. This often affects students with specific learning disabilities, who prior to 2004 had to have SLD determined through the discrepancy model.

IDEA and RTIRTI follows a number of core assumptions:• The educational system can effectively teach all children• Early intervention is critical to preventing problems from getting

out of control• The implementation of a multi-tiered service delivery model is

necessary• A problem solving model should be used to make decisions

between tiers• Research based interventions should be implemented to the extent

possible• Progress monitoring must be implemented to inform instruction• Data should drive decision making

IDEA provides• IEP (Individualized Education Program)For students age 3 to 18 or 21y.o.)• Accommodations• Assessments• Quarterly Progress Reports• Due Process• Related Services• IEP Meetings • IEP Team• Procedural Safeguards

IDEA acronyms

• FAPE Free and Appropriate Public Education• LRELeast Restrictive Environment• FBAFunctional Behavioral Assessment• BIPBehavioral intervention Plan

Disciplining a child with an IEP• Discipline must take into consideration their disabilityDid they misbehave because of their disability?Does the consequence take into account their disability? Does the situation warrant a FBA and BIP?• Serious Consequences like suspension, expulsionThere is a legal obligation for this student to receive an

education.There can be an interim alternate educational setting (IAES)

for up to 45 school days while a FBA/BIP is being prepared.

IDEA (K-12) in DC

• Both public and public charter schools have to serve students with disabilities.

• Students in private schools can still be under the LEA (e.g. DCPS).

• OSSE is supposed to oversee all of the schools and help implement the federal laws and funding.

• OSE (not to be confused with OSSE) is the Office of Special Education in DCPS.

IDEA in the Art Room

• FAPE – The students with disabilities are entitled to be there

• LRE – Because of the accessibility of art this may be one of the classes where students with disabilities are with their non-disabled peers.

• One to one para-educators• Discipline• Accessing their strengths and addressing their

needs --- accommodations

IDEA Early Intervention

• Child FindEvery state is obligated to have an agency that looks

for and assesses children with disabilities from birth• IFSP for IDEA Part C (0 -3) Individual Family Service Plan (like an IEP more about

daily functioning for little ones not just academics like the IEP. It can include related services.)

• Service CoordinationThis should be provided at no expense to the family

Early Intervention in DC

• Early Stages is the agency in charge of students 3 to 5 years old.

They are developing IEPs or transitioning from IFSPs to IEPs.

• Child Find (DC EIP) – Strong Start Child Find Program

This is a program through OSSE in charge of finding and identifying disabilities in infants and toddlers (0 through 2 years old)

Early Intervention in the Art Room

• This is very similar in legal requirements to the k-12 educational situations.

• Students at this age really respond to art and especially students with disabilities in my opinion.

• Their developmental abilities at this age can be greatly improved with art room activities.

ADA Americans with Disabilities Act Rehabilitation Act Section 504

If a student does not qualify for an IEP under IDEA, then they could still qualify for a 504 Plan. (e.g. ADHD students)

Section 504 states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service.

It is much boarder in its qualifications but does not include specialized education services.

It does include legal ramifications and accommodations.It roughly covers students starting at age 3 through adulthood.

ADA Americans with Disabilities Act Rehabilitation Act Section 504 in DC

• Student Support Team (SST): This is the school team that can determine if a 504 or IEP is necessary. Usually this team consists of classroom teacher, special education teacher, counselor, dean of students etc.

• Often behavior concerns bring a student to the attention of an SST.

• Section 504 applies to afterschool activities and other opportunities that are federally funded.

ADA Americans with Disabilities Act Rehabilitation Act Section 504 in the Art Room • Accommodations: Examples of common strategies are to sit

the child in front of the class, to have the teacher cue or redirect the child when he is off task, to schedule breaks between assignments, and to provide frequent feedback on how the child is doing. The school should also maintain regular communication with the parents about the child's academic, behavioral, and social progress. For younger children, a school contract which rewards regular completion of classwork and homework may be an effective motivator. The teacher can have the child participate in group activities with peers who are good role models.

Resources

• Wrightslaw• Childrens Law Center• NICHCY (funding ending in September)• Wikipedia• The students, parents, teachers and

coordinators I have been privileged to know through the years