Foundations of Special Education and Legal/Ethical Requirements
Domain 1 asks you to name the legal source of a requirement and then apply it to a realistic school scenario: consent, timelines, placement, discipline, records, and ethical duties.
Federal foundation
IDEA rests on six principles: zero reject (child find), nondiscriminatory evaluation, free appropriate public education (FAPE), least restrictive environment (LRE), procedural safeguards, and parent participation. Section 504 is broader than IDEA: any student with a physical or mental impairment that substantially limits a major life activity qualifies for accommodations, with no IEP and no federal funding condition. ADA Title II extends access obligations to public entities.
- Prior written notice is required whenever the district proposes or refuses to change identification, evaluation, placement, or the provision of FAPE.
- LRE presumes general education with supplementary aids and services; the continuum runs from full-time general class to residential placement.
- FERPA gives parents the right to inspect records (generally within 45 days) and to request amendment.
New York procedures
New York uses the CSE for school-age students and the CPSE for ages 3-5; Early Intervention covers birth to three. The initial evaluation and IEP are completed within 60 school days of referral, reevaluation occurs at least every three years, and the IEP is reviewed at least annually. Consent for initial evaluation must be informed and in writing.
Worked example
A parent requests an evaluation for her second grader. The principal says, 'Let us give RTI another two marking periods.' The correct response: RTI data informs the evaluation but cannot delay it. The child-find duty and the 60-school-day timeline are triggered by the referral, and the district must issue prior written notice if it refuses to evaluate.
Traps
Treating 504 plans and IEPs as interchangeable; writing 'LRE means full inclusion'; omitting prior written notice; assuming suspension is automatic for misconduct, when manifestation determination and the 10-day rule govern removals.