Legal Guidelines for Special Education
Albany Law School Clinic
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Developed by:
Bridgit Burke, John Arnold, and Tracy Bullett, Civil Rights & Disabilities
Law Project
in conjunction with:
Mary Jo Porter, Coordinator, Central/North/Hudson Valley Educational
Interpreter Training Site, Monroe#1 BOCES
Activity description:
This workshop will assist educational interpreters for the deaf and hard
of hearing in acquiring the knowledge for in-servicing the mainstream teachers
staff and other related personnel in an inclusion setting on the legal
guidelines to special education. Topics will include: the Individuals
Disability Education Act (IDEA), New York State Special Education Law,
Section 504 of the Rehabilitation Act, American with Disabilities Act,
New York Law regarding mandatory reporters, FERPA and the interplay between
school policies and procedures and the law. Specifically, the workshop
will provide examples of how these laws define the role of the interpreter
in the development and implementation of the IEP, parent-teacher meetings,
after-school programs and less structured school activities. In addition
to lectures on these topics, there will be hypothetical cases presented.
Educational objectives:
Acquire knowledge regarding IDEA and New York State Special Education
Law - Article 89:
A. Eligibility
B. Substantive Rights (appropriate education, least
restrictive environment, continuum of Educational Services),
C. Due Process Rights, or Procedural Rights (referral,
evaluations, CSE meetings, IEP, notice, systems complaint, mediation and
impartial hearing), and
D. Graduation requirements;
E. Mandated reporting;
F. Family Education Rights and Privacy Act (FERPA);
G. Provisions of the Americans with Disabilities
Act and Section 504 of the Rehabilitation Act insuring access to
educational opportunity and programs;
H. How to use their knowledge of special education
law to in-service and advocate for effective implementation of a childís
special education program. Specific topics to include:
1. Communication within
the classroom with teachers and peers;
2. Interpretation at school-related
activities outside of the classroom (extracurricular, field trips, etc.),
3. The IEP process, and
4. Facilitating communication
with parents, teachers and educational team.
A. Eligibility - Who is eligible
for Special Education Services under IDEA?
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A student who has been identified as having a disability and requires special
education services and programs.
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A student with a disability means a student with:
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Autism,
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deafness,
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deaf-blindness,
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emotional disturbance,
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hearing impairment,
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learning disability,
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mental retardation,
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multiple disabilities,
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orthopedic impairment,
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other health-impairment,
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speech or language impairment,
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traumatic brain injury,
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visual impairment.
For more information, link to the Regulations of the Commissioner
of Education, 8
NYCRR §200.1(zz)
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Page created September 20, 2001
Updated October 22, 2003
By Peter Brown