Legal Issues in Special Education: Principles, Policies, and Practices

Cover
Half Title
Title
Copyright
Dedication
Contents
List of Illustrations
Acknowledgements
About the Authors
Preface
I	Addressing and Maintaining Special Education Legal Literacy
	1	Introduction: Making the Case for Special Education Legal Literacy
		Ignorantia Juris Non Excusat
		Current State of Special Education Legal Illiteracy in Our Schools
		Inadequate Professional Development and Specialized Legal Training
		The Use of Case-Based Learning (CBL) to Address the Special Education Legal Literacy Gap
		Special Education Law in Practice
			Legal Case No. 1—IDEA’s “Exhaustion of Administrative Remedies” Rule
			Fry v. Napoleon Community Schools
			Questions for Discussion
		Summary of Important Legal Policies, Principles, and Practices
		Useful Online Resources
		Recommended Reading
		References
	2	Historical Development of Laws Impacting Students With Disabilities
		Compulsory Education and the Exclusion of Students With Disabilities
		The Legal Significance of the Civil Rights Movement
		Legal Entitlement to an Appropriate Education for Students With Disabilities
		Individuals With Disabilities Education Act (IDEA)
		Section 504, The Rehabilitation Act of 1973
		Americans With Disabilities Act (ADA)
		Special Education Law in Practice
			Legal Case No. 2—Sanctioned Exclusion of Students With Disabilities From Public Schools
			Watson v. City of Cambridge
			Questions for Discussion
		Special Education Law in Practice
			Legal Case No. 3—Rights of Students With Disabilities to a Public Education
			Pennsylvania Association for Retarded Children (PARC) v. Commonwealth of Pennsylvania
			Questions for Discussion
		Special Education Law in Practice
			Legal Case No. 4—Establishment of Due Process Rights for Students With Disabilities
			Mills v. Board of Education of the District of Columbia
			Questions for Discussion
		Summary of Important Legal Policies, Principles, and Practices
		Useful Online Resources
		Recommended Reading
		References
	3	Finding Special Education Legal Information in a Digital Age
		Primary Sources of Special Education Legal Information
		Federal and State Constitutions
		Federal and State Statutes
		Federal and State Regulations
		Federal and State Court System
		Special Education Administrative Rules and Regulations
		Secondary Sources of Special Education Legal Information
		Finding Primary Sources of Special Education Legal Information Online
		Summary of Important Legal Policies, Principles, and Practices
		Useful Online Resources
		Recommended Reading
		References
II	IDEA 2004: A Legal Primer
	4	IDEA 2004: Basic Structure and Major Principles
		Navigating the Statutory Structure of the IDEA 2004
		Free Appropriate Public Education (FAPE)
		Nondiscriminatory Evaluation and Appropriate Eligibility Practices
		Individualized Education Plan (IEP)
		Least Restrictive Environment (LRE)
		Parental and Student Participation in the Decision-Making Process
		Procedural Due Process and Safeguards
		Additional IDEA 2004 Legal Principles and Provisions Addressed in the Book
		Summary of Important Legal Policies, Principles, and Practices
		Useful Online Resources
		Recommended Reading
		References
	5	Student Identification, Evaluation, and Eligibility
		Zero Reject and the Child Find Provision
		Evaluation Requirements Under the IDEA 2004
		Procedural Safeguards Notice for Parents in the Evaluation Process
		Independent Educational Evaluations (IEE)
		Reevaluations
		Student Eligibility
		Special Education Law in Practice
			Legal Case No. 5—IDEA’s Zero Reject/Child Find Principle
			Timothy W. v. Rochester
			Questions for Discussion
		Special Education Law in Practice
			Legal Case No. 6—IDEA Eligibility Requires That the Student’s Disability(ies) “Adversely Impact” the Student’s Educational Performance
			J.D. v. Pawlet School District
			Questions for Discussion
		Summary of Important Legal Policies, Principles, and Practices
		Useful Online Resources
		Recommended Reading
		References
	6	The Individualized Education Program (IEP)
		Development of Individualized Education Programs
		IEP Teams
		IEP Team Conferences
		Implementation
		Draft IEPs and Interim IEPs
		IEP Revisions
		Special Education Law in Practice
			Legal Case No. 7—Right to a Free Appropriate Public Education Requires That Individualized Education Programs Be Implemented as Soon as Possible
			D. D. Ex Rel. V.D. v. New York City Board of Education
			Questions for Discussion
		Summary of Important Legal Policies, Principles, and Practices
		Useful Online Resources
		Recommended Reading
		References
	7	Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE)
		Definition of Appropriate Education
		Legal Significance of Board of Education v. Rowley
		Clarifying the Rowley FAPE Standard: The Impact of Endrew F.
		Least Restrictive Environment (LRE)
		LRE and Extended School Year (ESY) Programs
		Special Education Law in Practice
			Legal Case No. 8—Definition of Free Appropriate Public Education (FAPE)
			Board of Education of the Hendrick Hudson Central School District v. Rowley
			Questions for Discussion
		Special Education Law in Practice
			Legal Case No. 9—Clarified Existing FAPE Standard. A Student’s IEP Must Be “Reasonably Calculated to Enable a Child to Make Progress in Light of the Child’s Circumstance.”
			Endrew F. v. Douglas County School District RE-1
			Questions for Discussion
		Summary of Important Legal Policies, Principles, and Practices
		Useful Online Resources
		Recommended Reading
		References
	8	Related Services, Assistive Technology, and Student Transition Services
		Required Related Services
		Counseling, Psychological, and Social Work Services
		School Health, School Nurse, and Medical Services
		Diagnostic and Evaluative Services
		Physical, Occupational, and Speech Therapy
		Transportation
		Extracurricular Activities
		Assistive Technology
		Transition Services
		Special Education Law in Practice
			Legal Case No. 10—Postsecondary Transition Needs of a Student With Multiple Disabilities
			Gibson v. Forest Hills School District
			Questions for Discussion
		Summary of Important Legal Policies, Principles, and Practices
		Useful Online Resources
		Recommended Reading
		References
	9	Student Discipline
		Early Legal Decisions
		Honig v. Doe: The Stay-Put Provision
		Post-Honig Reactions From the Lower Courts
		IDEA 2004 Disciplinary Provisions
		Change of Student Placement—More Than Ten-Day Rule
		Weapons, Alcohol, and Drugs
		Infliction of Serious Bodily Injury
		Other Infractions
		Functional Behavioral Assessments (FBAs) and Behavioral Intervention Plans (BIPs)
		Expulsions
		Manifestation Determination
		Appeals
		Special Education Law in Practice
			Legal Case No. 11—IDEA’s Stay-Put Provision Involving Disciplinary Proceedings
			Honig v. Doe
			Questions for Discussion
		Summary of Important Legal Policies, Principles, and Practices
		Useful Online Resources
		Recommended Reading
		References
	10	Dispute Resolution: Alternatives to Litigation
		Mediation
		Due Process Hearings
		Burden of Proof
		Exhaustion of Administrative Remedies
		State Administrative Complaints
		Special Education Law in Practice
			Legal Case No. 12—Burden of Proof at Due Process Hearings
			Schaffer ex rel. Schaffer v. Weast
			Questions for Discussion
		Summary of Important Legal Policies, Principles, and Practices
		Useful Online Resources
		Recommended Reading
		References
	11	Legal Remedies Available Under the IDEA
		Monetary Damages
		Tuition Reimbursement
		Compensatory Educational Services
		Attorney Costs and Fees
		Special Education Law in Practice
			Legal Case No. 13—Unilateral Placements in Private Schools If Free Appropriate Public Education Is Not Provided in Public Schools
			Florence County School District Four v. Carter
			Questions for Discussion
		Summary of Important Legal Policies, Principles, and Practices
		Useful Online Resources
		Recommended Reading
		References
	12	Parental Involvement in the Special Education Decision-Making Process
		The Significant Role of Parents in the Special Education Process Under the IDEA
		Required Prior Notice Requirements for Parents
		Student Records Under the IDEA
		Student Records Covered Under FERPA
		Parental Due Process Rights
		Parental Participation in the IEP Process
		Special Education Law in Practice
			Legal Case No. 14—Right of Non-Attorney Parents to Proceed Pro Se in IDEA Lawsuits
			Winkelman ex rel. Winkelman v. Parma City School District
			Questions for Discussion
		Special Education Law in Practice
			Legal Case No. 15—Importance of Parental Participation in the IEP Process in the Change of Current Educational Placement
			Doug C. v. Hawaii Department of Education
			Questions for Discussion
		Summary of Important Legal Policies, Principles, and Practices
		Useful Online Resources
		Recommended Reading
		References
III	Federal Antidiscrimination Statues Impacting Students With Disabilities
	13	Eligibility and Legal Protections Under Section 504 and the ADA
		Overview of Section 504
		Otherwise Qualified Students With Disabilities Under Section 504
		Reasonable Student Accommodations Under Section 504 and the ADA
		Legal Defenses Under Section 504
		Special Education Law in Practice
			Legal Case No. 16—Legal Defenses Under Section 504
			School Board of Nassau County, Florida v. Arline
			Questions for Discussion
		Summary of Important Legal Policies, Principles, and Practices
		Useful Online Resources
		Recommended Reading
		References
Epilogue
Appendices
	Appendix A	Summary Table of Contents of IDEA 2004 Statute
	Appendix B	Summary Table of Contents of IDEA 2004 Regulations
	Appendix C	Comparison of IDEA, Section 504, and ADA
	Appendix D	Chronological Listing of Leading Federal Level Cases Involving Special Education
	Appendix E	Parent Consent Form
	Appendix F	Review of Referral for Special Education Evaluation
	Appendix G	Preschool Referral
	Appendix H	Sample IEP
	Appendix I	Transition Plan
	Appendix J	Private School Placement Form
Glossary of Legal Terms
Index