Download Understanding Legal Issues in Assessment: Types of Laws and Federal Education Laws and more Slides Management Fundamentals in PDF only on Docsity! Chapter 14. Legal Issues
Surrounding Assessment
“Stone walls do nota
prison make,
Nor iron bars a cage ..
”
-- Richard Lovelace
ye
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Topics •Three Types of Laws •Statutory Law (the “feds”) •Administrative Law (the “regs”) •Case Law (here comes the “judge”) •Major Federal Laws •USC, CFR, PL •The Courts •Case Law •Consent Decrees Docsity.com Useful Sources of Information
For the full text of United States Laws (codes), go to:
http://uscode.house.gov/usc.htm
For the full text of United States Regulations, go to:
http://www.access.gpo.gov/nara/cfr/
For Individuals with Disabilities Education Act, go to:
http://www.ed.gov/offices/OSERS/IDEA/
For No Child Left Behind Act of 2001, go to: http://www.ed.gov/nclb
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Why So Confusing?
Ways of referring to a law
— By USC, PL, CFR, full title, or acronym
Frequent amendments, revisions
Cross referencing not exact between laws and
“regs”
Court interpretations
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Let’s Start at the Very Beginning . . . Docsity.com Major Federal Laws: Overview
U.S. Constitution
14th Amendment (1868)
Equal Protection Clause
Civil Rights Act ESEA
1964 of 1965
Education of the
Handicapped Act
1970
PL. 94-142
1975
IDEA
1990
IDEA
1997
IDEA
2004
Civil Rights Act
1991
Rehab Act
of 1973
FERPA
1974
ADA
1990
NCLB
2002
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Civil Rights Acts 1964, 1991 • Main thrust: employment; use of tests (and other criteria) for job selection • Some application to educational assessment, e.g., for graduation tests • Equal Employment Opportunity Commission (EEOC) “Guidelines” ‐ Good example of administrative “regs” Docsity.com ESEA • Elementary and Secondary Education Act (1965) – Major increase in federal presence – Requirements to evaluate new programs – Emergence of accountability President Lyndon B. Johnson, with his childhood schoolteacher, Ms. Kate Deadrich Loney, prepares to sign ESEA into law. Docsity.com IDEA • Individuals with Disabilities Education Act • Historical trace PL 94‐142 in ’75 IDEA in ’90, ’97 IDEA 2004 • Provisions related to assessment – FAPE (free and appropriate education ; what’s “appropriate”?) – The IEP – Least restrictive environment, mainstreaming, inclusion Docsity.com NCLB No Child Left Behind Act (2002) • Historical trace – Technically a revision of ESEA of 1965 – Nation at Risk, Goals 2000 • Strong bipartisan support • The goal: “proficiency” for all students • Adopts Standards Based Education (SBE) approach Docsity.com FERPA
¢ Family Educational Rights and
Privacy Act (1974)
[aka Buckley Amendment]
¢ Right to access to information
about self (or child)
¢ Restrictions on release of
information to others
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Practical Advice
. Know your school’s source for legal expertise.
. Don’t over-generalize from single court
Cases.
. Be aware of “regs” as well as laws.
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Terms/Concepts to Review and Study on Your Own (1) • accommodation • ADA (Americans with Disabilities Act) • administrative law • case law • consent decree • CFR (Code of Federal Regulations) • equal protection clause • ESEA (Elementary and Secondary Education Act) Docsity.com Terms/Concepts to Review and Study on Your Own (2) • FAPE (free and appropriate education) • FERPA (Family Education Rights and Privacy Act) • IDEA (Individuals with Disabilities in Education) • NCLB (No Child Left Behind) • PL (public law) • Regulations (regs) • statutory law • USC (United States Code) Docsity.com
