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DOI: 10.1055/s-2006-939943
The Regulatory Context for Public Education
Publication History
Publication Date:
02 May 2006 (online)
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ABSTRACT
The provision of special education and related services in public schools involves the intertwining of federal, state, and local laws, regulations, other levels of policy, and practices. Such a multilayered system can obviously lead to misunderstanding and misinformation regarding school-based services, creating challenges in terms of implementation and advocacy. However, by determining the source of the requirements and the intent of the laws, it is possible not only to remain in compliance with mandates but also to influence implementation decisions and improvements that will ultimately be in the best interest of students. Educators must identify and analyze the source and intentions of requirements, understand the responsibilities of states and localities, and when necessary, identify vehicles for advocating for change. This article provides information regarding major federal mandates that affect public education, with comments specific to speech-language services in the schools.
KEYWORDS
Speech-language - schools - federal mandates - IDEA - NCLB - ADA - 504 - Medicaid
REFERENCES
- 1 Huffman N, O'Brien M. A Comparison of Federal Regulations as Regarding Provision of Related Services in Schools. Rockville, MD; American Speech-Language-Hearing Association 2002
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- 3 Ralabate P, Foley B. IDEA and NCLB: Intersection of Access and Outcomes. Washington DC; National Education Association 2004
- 4 American Speech-Language-Hearing Association .Medicaid coverage of speech-language pathologists and audiologists. http://Available at: www.asha.org/members/issues/reimbursement/medicaid Accessed December 1, 2005
- 5 Individuals with Disabilities Education Improvement Act of 2004, 20 USC §1400 et seq. (2004)
- 6 Individuals with Disabilities Education Act Amendments, 20 USC §1400 et seq. (1997)
- 7 Vocational Rehabilitation Act, 29 USC 794, §504. (1998)
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- 9 Zirkel P. Section 504: Student Issues, Legal Requirements, and Practical Recommendations. Bloomington, IN; Phi Delta Kappa Educational Foundation 2005
- 10 No Child Left Behind Act of 2001, 20 USC §6301 et seq. (2002)
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- 12 American Speech-Language-Hearing Association . Utilization of Medicaid and other third party funds for covered services in the schools. ASHA. 1991; 33(suppl 5) 51-59
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13 US Department of Health and Human Services .2004 42 CFR
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Kathleen WhitmirePh.D.
Director of School Services in Speech-Language Pathology, American Speech-Language-Hearing Association
10801 Rockville Pike, Rockville, MD 20852
Email: Kwhitmire@asha.org