Foundations of Special Education: History, Law, Ethics, and Professional Practice
What this domain tests
This domain tests the legal and ethical framework behind special education: IDEA's principles, landmark court decisions, Section 504/ADA, confidentiality, and professional conduct.
Core rules
- IDEA began as the Education for All Handicapped Children Act (1975) and rests on six principles: FAPE, appropriate evaluation, IEP, LRE, parent/student participation, and procedural safeguards. Part B covers ages 3-21; Part C covers infants and toddlers.
- Landmark cases: PARC and Mills (1972) established access and due process; Rowley (1982) required some educational benefit, not maximum potential; Honig v. Doe (1988) preserved stay-put and limited exclusion for disability-related behavior; Endrew F. (2017) required IEPs reasonably calculated to enable progress appropriate to the child's circumstances.
- Section 504 prohibits disability discrimination and supports accommodations; ADA broadens access. Neither is identical to IDEA.
- Ethics: protect records under FERPA, obtain informed consent, use nondiscriminatory assessment, and issue prior written notice. Safeguards include independent educational evaluation, mediation, and due process.
Worked example
A parent asks in writing for a learning-disability evaluation after three RTI interventions. Must the school evaluate? A parent may request an initial evaluation at any time. RTI data can inform the evaluation but cannot delay it. The district must obtain consent and evaluate within the state timeline, often 60 days, or refuse through prior written notice with reasons and procedural-safeguard notice.
Traps
- Treating best or maximize potential as the FAPE standard; Rowley rejects it.
- Equating 504 plans with IEPs.
- Assuming stay-put allows unlimited suspension for misconduct.
- Forgetting that related services such as counseling, transportation, or school nursing may be required.