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The Law and Special Education

ISBN: 9780024308726 | 0024308722
Edition: 1st
Format: Paperback
Publisher: Prentice Hall
Pub. Date: 1/1/1998

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SummaryTable of Contents
This text is appropriate for Special Education and the Law. In the highly litigated area of Special Education, it is imperative that professionals in the field understand the legal requirements of providing a free appropriate public education to students with disabilities. This text presents the necessary information for educators to understand the history and development of special education laws and the requirements of these laws. It provides the reader with the necessary skills to locate pertinent information in law libraries, on the Interne... MORE
CHAPTER ONE Introduction to the American Legal System
1(16)
Federalism
1(1)
Sources of Law
... MORE2(11)
Constitutional Law
Statutory Law
Regulatory Law
Case Law
The Law and Special Education
13(1)
Summary
14(1)
For Further Information
15(1)
References
15(2)
CHAPTER TWO Legal Research
17(22)
Statutes and Regulations
18(4)
Federal Statutes
Federal Regulations
State Statutes
State Regulations
Case Law
22(3)
Federal Cases
State Cases
How to Find Cases
Finding Tools
25(7)
The Annotated Codes
The West Digest System
Shepard's Citators
Computers and Legal Research
32(1)
Secondary Sources
33(3)
Legal Journals
Law Reviews
Loose-leaf Services
Legal Research Strategies
36(1)
Step 1: Analyze the Problem
Step 2: Conduct the Research
Step 3: Evaluate the Results
Summary
37(1)
For Further Information
38(1)
References
38(1)
CHAPTER THREE Legal Research on the Internet
39(14)
Internet Research Tools
40(2)
E-Mail
Gopher
World Wide Web
Law-Related Resources on the Internet
42(5)
The Law and Special Education Homepage
EDLaw
Education Administration Online
Thomas Legislative Information on the Internet
The U.S. Department of Education
The Federal Court Locator
U.S. Supreme Court Decisions
The U.S. House of Representatives Internet Law Library
The Council for Exceptional Children
The National Information Center for Children and Youth with Disabilities
Topical Searches on the Internet with LawCrawler
47(1)
A Strategy for Legal Research on the Internet
48(3)
Preparing for Research
Organizing Your Hard Drive or Data Disk
Conducting the Research
Evaluating the Data
Summary
51(1)
For Further Information
51(1)
References
51(2)
CHAPTER FOUR The History of the Law and Children with Disabilities
53(16)
Compulsory Attendance
54(1)
The Exclusion of Students with Disabilities
54(1)
The Civil Rights Movement and Brown v. Board of Education
55(1)
Parental Advocacy
56(3)
The White House Conference of 1910
The Organization of Advocacy Groups
The Equal Opportunity Movement
59(2)
Pennsylvania Association for Retarded Citizens v. Pennsylvania (1972)
Mills v. Board of Education (1972)
Additional Cases
Legislative Mandates
61(5)
Early Federal Involvement
Section 504 of the Rehabilitation Act of 1973
P.L. 93-380, The Education Amendments of 1974
P.L. 94-142, The Education for All Handicapped Children Act
P.L. 101-476, The Individuals with Disabilities Education Act
P.L. 101-336, The Americans with Disabilities Act
P.L. 105-17, The Individuals with Disabilities Education Act Amendments of 1997
State Education Statutes
Summary
66(1)
For Further Information
66(1)
References
67(2)
CHAPTER FIVE The Individuals with Disabilities Education Act
69(26)
Legislative History of the IDEA
70(2)
The Purpose of the IDEA
72(1)
Who Is Protected?
73(2)
Categories of Disabilities
Age Requirements
Infants and Toddlers
Major Principles of the IDEA
75(9)
Zero Reject
Free Appropriate Public Education
Least Restrictive Environment
Identification and Evaluation
Confidentiality of Information
Procedural Safeguards
Technology-Related Assistance
Personnel Development
Placements in Private Schools
The IDEA and the Reauthorization Process
84(1)
Amendments to the IDEA
84(6)
The Handicapped Children's Protection Act
The Infants and Toddlers with Disabilities Act
The Individuals with Disabilities Education Act Amendments of 1990
The Individuals with Disabilities Education Act Amendments of 1997
Funding
90(1)
Enforcement of the IDEA
91(1)
Summary
92(1)
For Further Information
92(1)
References
93(2)
CHAPTER SIX Section 504 of the Rehabilitation Act of 1973
95(32)
The History of Section 504
96(1)
The Purpose of Section 504
97(1)
Who Is Protected?
98(5)
Physical Impairment
Mental Impairment
Substantial Limitation of a Major Life Activity
Having a Record of an Impairment
Regarded as Being Disabled
Otherwise Qualified
Summary of Section 504 Coverage
Major Principles of Section 504
103(11)
Protection from Discrimination
Reasonable Accommodations
Free Appropriate Public Education
Least Restrictive Environment
Evaluation and Placement Procedures
Procedural Safeguards
Program Accessibility
Comparable Facilities
School District Responsibilities
114(6)
Procedural Responsibilities
Identification and Evaluation
Educational Programming
Placement
Reevaluation
Procedural Safeguards
Enforcement of Section 504
120(1)
Grievance Procedures
Governmental Enforcement
Private Right of Action
Similarities Between the IDEA and Section 504
121(2)
Summary
123(1)
For Further Information
124(1)
References
124(3)
CHAPTER SEVEN The Americans with Disabilities Act
127(18)
The History of the ADA
128(1)
The Purpose of the ADA
129(1)
Who Is Protected?
130(3)
Physical and Mental Impairments
Having a Record of a Disability or Being Regarded as Being Disabled
Titles of the ADA
133(7)
Title I: Employment
Title II: Public Services
Title III: Public Accommodations Operated by a Private Entity
Title IV: Telecommunications
Title V: Miscellaneous
School District Responsibilities
140(2)
ADA Compliance Coordinator
Self-Evaluation
Transition Plan
Prohibition Against Discrimination
Summary
142(1)
For Further Information
143(1)
References
143(2)
CHAPTER EIGHT Free Appropriate Public Education
145(22)
The FAPE Mandate
146(1)
IDEA
Section 504
Components of a FAPE
147(3)
Free Education
State Standards
The Individualized Education Program
Related Services
Litigation and FAPE
150(11)
Board of Education v. Rowley
Methodology
FAPE and Lovaas Treatment
Extended School Year
Placement Decisions and FAPE
161(3)
Information for Determining FAPE
Requirements in Determining Placement
Summary
164(1)
For Further Information
164(1)
References
165(2)
CHAPTER NINE The Individualized Education Program
167(28)
Purposes of the IEP
167(2)
Communication
Management
Accountability
Compliance and Monitoring
Evaluation
The IEP Mandate
169(1)
Procedural Requirements
169(6)
The IEP Process
The IEP Team
Placement in Private Schools
Individualization
Substantive Requirements
175(11)
Content of the IEP
Special Considerations in IEP Development
Placement Decisions
Parental Participation
186(2)
Reviewing and Revising the IEP
188(1)
Communicating the Requirements of the IEP
189(1)
Section 504 and the IEP
190(1)
Litigation
190(1)
Summary
191(1)
For Further Information
192(1)
References
192(3)
CHAPTER TEN Related Services
195(28)
Legislation
195(4)
The IDEA
Section 504
Related Services and Least Restrictive Environment
199(1)
Litigation
200(1)
Irving Independent School District v. Tatro
The Tatro Three-Part Test
Specific Related Services
201(15)
Transportation
Occupational and Physical Therapy
Interpreters
School Health Services
Medical Services
Complex Health Services
Assistive Technology
Counseling and Psychological Services
Residential Placement
Other Related Services
Third-Party Billing for Related Services
216(1)
School District Responsibilities
217(1)
Summary
218(1)
For Further Information
218(1)
References
219(4)
CHAPTER ELEVEN Identification, Assessment, and Evaluation
223(20)
Definition of Assessment
224(1)
Prereferral Decisions
Entitlement Decisions
Post-Entitlement Decisions
Accountability Outcome Decisions
Protection in Evaluation Procedures
225(8)
Prereferral Evaluation
Preplacement Evaluation
Comprehensiveness of the Evaluation
Section 504 Evaluation
Parental Consent
Qualifications of Evaluators
Evaluation Materials and Procedures
Nondiscriminatory Evaluation
Interpretation of Evaluation Data
Medical Diagnosis and Eligibility Determination
Reevaluation
233(1)
Independent Educational Evaluations
234(2)
Accountability Efforts and Students with Disabilities
236(3)
Minimum-Competency Tests
Inclusion in Accountability Efforts
Summary
239(1)
For Further Information
239(1)
References
240(3)
CHAPTER TWELVE Least Restrictive Environment
243(26)
LRE, Mainstreaming, and Inclusion
244(1)
The LRE Mandate
245(3)
IDEA
Section 504
Continuum of Alternative Placements
Related Factors in Educational Placements
248(2)
Placement in the Neighborhood School
Nonacademic Programming
The Interests of Peers Without Disabilities
Judicial Standards of Review
250(9)
The Roncker Portability Test
The Daniel Two-Part Test
The Rachel H. Four-Factor Test
The Fourth Circuit's Three-Part Test
Summary of Judicial Standards of Review
The Burden of Proof
259(2)
Standards for Determining the LRE
261(3)
Individualized Determination
Benefits to the Student
Effects on Peers
Appropriate Education
Integration
The Use of Supplementary Aids and Services
A Model for Determining LRE
264(2)
Summary
266(1)
For Further Information
266(1)
References
266(3)
CHAPTER THIRTEEN Procedural Safeguards
269(24)
Procedural Rights of Parents
270(3)
Identification of Parents
Surrogate Parents
General Procedural Requirements
273(4)
Notice Requirements
Consent Requirements
Opportunity to Examine Records
Independent Educational Evaluation
277(1)
Mediation
278(1)
The Due Process Hearing
279(9)
The Impartial Hearing Officer
The Role of the Hearing Officer
Hearing Rights
The Stay-Put Provision
The Conduct of the Hearing
Appeals
Alternatives to the Due Process Hearing
School District Responsibilities
288(2)
Summary
290(1)
For Further Information
291(1)
References
291(2)
CHAPTER FOURTEEN Remedies
293(20)
Sovereign Immunity
294(1)
Injunctive Relief
295(2)
Tuition Reimbursement
297(3)
Burlington School Committee v. Department of Education
Florence County School District Four v. Carter
Compensatory Education
300(1)
Compensatory Awards Under the IDEA
Compensatory Awards Under Section 504
Attorneys' Fees
301(4)
Smith v. Robinson
The Handicapped Children's Protection Act
Issues in the Award of Attorneys' Fees
The IDEA Amendments of 1997
Attorneys' Fees under the Rehabilitation Act of 1973
Punitive Damages
305(4)
Section 1983
W. B. v. Matula
Section 1403 of the IDEA
Franklin v. Gwinett County Public Schools
Hoekstra v. Independent School District No. 283
Punitive Damages and Section 504
Summary of Punitive Damages
Summary
309(1)
For Further Information
309(1)
References
310(3)
CHAPTER FIFTEEN Disciplining Students with Disabilities
313(42)
Discipline in the Schools
314(1)
Due Process Protections
314(4)
Procedural Due Process: The Right to Fair Procedures
Substantive Due Process: The Right to Reasonableness
Search and Seizure
318(4)
Searches of Students and Student Property
Locker Searches
The Dual Disciplinary Standard
322(3)
The Stay-Put Provision
Long-Term Suspension and Expulsion
Honig v. Doe
Change in Placement
325(1)
The Legal Status of Disciplinary Procedures
326(5)
Permitted Procedures
Controlled Procedures
Prohibited Procedures
The Manifestation Determination
331(4)
Forum for Conducting the Test
Conducting the Manifestation Determination
Continuing Educational Services
335(2)
Virginia Department of Education v. Riley
The IDEA Amendments of 1997 and Educational Services
Educational Services and Short-Term Suspensions
Students with Disabilities Who Present a Danger
337(3)
Emergency Actions
Change of Placement
Honig Injunctions
Weapons
340(1)
The Gun-Free School Act and Students with Disabilities
The IDEA Amendments of 1997 and Dangerous Students
Disciplining Students Not Eligible for Special Education
341(3)
Hacienda La Puente Unified School District of Los Angeles v. Honig
Rodiriecus L. v. Waukegan School District
IDEA Amendments of 1997 and Students Not Yet Eligible
School District Responsibilities
344(5)
Formulate and Disseminate Discipline Policies and Procedures
Recognize the Dual Disciplinary Standard
Include Behavior Intervention Plans in IEPs or Accommodation Plans
Document Disciplinary Actions Taken and Evaluate Their Effectiveness
Summary
349(2)
For Further Information
351(1)
References
351(4)
CHAPTER SIXTEEN Additional Issues
355(30)
Issue #1: Student Records
355(3)
Family Educational Rights and Privacy Act
Enforcement of FERPA
FERPA and the IDEA
Issue #2: Providing Special Education Services in Private Schools
358(10)
Private School Students and Private Schools
Litigation
School District Responsibilities to Private School Students
Summary of the IDEA and Private Schools
Issue #3: The IDEA and the Establishment Clause
368(8)
Everson v. Board of Education
Lemon v. Kurtzman
Grand Rapids School District v. Ball
Aguilar v. Felton
Zobrest v. Catalina Foothills School District
Board of Education of Kiryas Joel School District v. Grumet
Agostini v. Felton
Summary of the IDEA and Parochial Schools
Issue #4: Liability for Student Injury
376(6)
Tort Laws
Teachers' Defenses Against Liability
School District Responsibilities Regarding Student Care and Supervision
For Further Information
382(1)
References
382(3)
Appendix: Relevant Sections of the U.S. Constitution385(2)
Glossary387(2)
Index of Cases389(8)
Author Index397(4)
Subject Index401

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