ESE Legal Frameworks & Disability Law Flashcards

How does Section 504 of the Rehabilitation Act differ from IDEA in eligibility?

Answer: Section 504 has a broader definition of disability and does not require the disability to adversely affect educational performance

Section 504 uses a broader definition of disability (any physical or mental impairment substantially limiting a major life activity) and doesn't require adverse educational impact as IDEA does.

What does ADA Title II require of public schools?

Answer: Schools must not discriminate against individuals with disabilities and must provide equal access to programs and facilities

ADA Title II prohibits discrimination against individuals with disabilities by public entities, including public schools, requiring equal access to programs, services, and facilities.

What is a '504 Plan' and who creates it?

Answer: A written plan of accommodations and modifications for students with disabilities under Section 504, created by a school team

A 504 Plan is developed by a school team to outline accommodations and modifications that give students with disabilities equal access to education under Section 504.

Which US Supreme Court case raised the standard of educational benefit schools must provide under IDEA beyond 'just above trivial'?

Answer: Endrew F. v. Douglas County School District

In Endrew F. v. Douglas County (2017), the Supreme Court ruled that schools must provide an IEP reasonably calculated to enable meaningful educational progress, raising the standard above the minimal Rowley threshold.

Under IDEA, what right do parents have regarding an Independent Educational Evaluation (IEE)?

Answer: Parents may request an IEE at public expense if they disagree with the school's evaluation

Parents have the right to request an IEE at public expense if they disagree with the school's evaluation; the school must either fund the IEE or initiate a due process hearing to defend their evaluation.

What is 'manifestation determination' in special education discipline?

Answer: A review to determine if a student's behavior was caused by or directly related to their disability before imposing certain disciplinary actions

A manifestation determination review is required when a school proposes to change a student's placement due to disciplinary reasons, to determine if the behavior was a manifestation of the student's disability.