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PA Association for Retarded Children Vs PA Mills vs Boe |
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mentally retarded children should be provided with access to fape Mills- gives right to all children |
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Education of the Handicapped Act |
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-increased national attention in SPED FAPE |
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new substantive advice legal and procedural protection |
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2 part test 1. must fit w/in categories of eligibility 2. must need services because of disability |
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2 deaf parents have a deaf child and wanted to have an interpreter to enhance her learning when there was evidence that she was making progress with existing accomodations |
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'50's Brown vs. BOE '65 - Elem & Secondary ed act (NCLB) all titles come from this '70 Ed of the Handicapped act '73 section 504 rehab act (vietnam vets) '75 pl 94-142 FAPE LRe '90 IDEA Replaces PL 94-142 Americans w/Disability ACT ADA Accessability (discrim piece similar to 504) '04 - *Ideia: (improvement) |
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child find... zero reject, SST nondiscriminatory Assessment IEP / LRE / Procedural Due Process Parent Participation Parent Participation |
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Preferred process (intervention/SST) Referral process (parent/teacher) Evaluation (comprehensive, multidisciplinary, nondiscriminatory) Determine eligibility IEP Process |
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have an agenda w/names of people present, define the meeting agenda |
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What constitutes change in placement- IEP team - 10 days patterned beh 11th day must have IEP mtg to determine FAPe |
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Manifestation determination |
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Changed in '04, 2 questions: Is it directly related, is it directly related to lack of service based on following the IEP If child had weapons, drugs, serious liability, you can remove the child 45 days interim placement.. make sure that wherever the child is placed, FAPE |
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no other child can be excluded based on disability |
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