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The Law And Special Education

by: Yell, Mitchell L.

The Law And Special Education

by: Yell, Mitchell L.

ISBN 13:
9780131106703
ISBN 10:
0131106708
Edition: 2nd
Format: Paperback
Copyright: 01/01/2006
Publisher: Prentice Hall
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Summary

The second edition of one of the top special education law books in the field acquaints readers with the legal development and current legal requirements of special education. The book includes new information on the Individuals with Disabilities Education Act of 2004 and the No Child Left Behind Act of 2001. Special Education K-12 Teachers and Administrators.

Introduction to the American Legal System

(16)

The American Legal System

(13)

Federalism

(1)

Sources of Law

(4)

Sources of Judicial Power

(2)

Court Structure

(5)

Precedence

(1)

Holding and Dicta

(1)

The Opinion

(1)

The Law and Special Education

(1)

Summary

(1)

For Further Information

(1)

References

(1)

Legal Research

(26)

Primary Sources

(9)

Statutes and Regulations

(5)

Case Law

(4)

Finding Tools

(8)

The Annotated Codes

(1)

The West Digest System

(3)

Shepard's Citators

(5)

Secondary Sources

(3)

Legal Periodicals and Law Reviews

(2)

Loose-Leaf Services

(1)

Computers and Legal Research

(1)

Legal Research Strategies

(1)

Step 1: Analyze the Problem

(1)

Step 2: Conduct the Research

(1)

Step 3: Evaluate the Results

(1)

Summary

(1)

For Further Information

(1)

References

(1)

Legal Research on the Internet

(18)

The World Wide Web

(1)

Internet Research Tools

(3)

Directories and Search Engines

(1)

Online Communities

(1)

Weblogs (Blogs)

(1)

Electronic Newsletters

(1)

Law-Related Resources on the Internet

(2)

The Law and Special Education

(1)

Special Ed Connection

(1)

Education Law Association (ELA)

(1)

Wrightslaw

(1)

The Council for Exceptional Children

(1)

Government Resources Online

(5)

Government Sponsored Websites

(3)

Government Publications

(1)

U.S. Courts: The Federal Judiciary

(1)

FirstGov

(1)

Online Law Libraries

(1)

Legal Information Institute (LII) Cornell University Law School

(1)

Jurist Legal News and Research

(1)

A Strategy for Legal Research on the Internet

(3)

Preparing for Research

(1)

Organizing Your Hard Drive or Data Disk

(1)

Conducting the Research

(1)

Locating Information

(1)

Conducting an Internet Interview

(1)

Evaluating the Data

(1)

Summary

(1)

For Further Information

(1)

References

(2)

The History of the Law and Children with Disabilities

(22)

Compulsory Attendance

(1)

The Exclusion of Students with Disabilities

(1)

Parental Advocacy

(3)

The White House Conference of 1910

(1)

Public School Programming

(1)

The Organization of Advocacy Groups

(2)

The Civil Rights Movement and Brown v. Board of Education

(1)

Parental Advocacy in the Wake of Brown

(1)

The Equal Opportunity Cases

(2)

Pennsylvania Association for Retarded Citizens v. Pennsylvania, 1972

(1)

Mills v. Board of Education, 1972

(1)

Additional Cases

(1)

Recent Federal Involvement

(7)

State Education Statutes

(2)

The History of Special Education Law: From Access to Accountability

(1)

Summary

(1)

For Further Information

(1)

References

(3)

The Individuals with Disabilities Education Act

(34)

The Development of the IDEA

(2)

Early Court Rulings and Legislation

(1)

The Passage of the IDEA

(1)

The Purpose and Structure of the IDEA

(16)

Purpose of the IDEA

(4)

Structure of the IDEA

(12)

The IDEA and the Reauthorization Process

102

(9)

Amendments to the IDEA

103

(1)

The IDEA Amendments of 1997

103

(3)

The Individuals with Disabilities Education Improvement Act of 2004

106

(5)

Funding of the IDEA

111

(2)

Monitoring and Enforcing the IDEA

113

(1)

Summary

114

(1)

For Further Information

115

(1)

References

115

(2)

Section 504 of the Rehabilitation Act of 1973

117

(38)

The Development of Section 504

118

(2)

The Purpose and Structure of Section 504

120

(7)

The Purpose of Section 504

120

(1)

Who Is Protected?

120

(7)

The Structure of Section 504

127

(1)

Major Principles of Section 504

127

(9)

Protection from Discrimination

127

(7)

Free Appropriate Public Education

134

(1)

Evaluation and Placement Procedures

135

(1)

Procedural Safeguards

136

(1)

School District Responsibilities Under Section 504

136

(10)

Administrative Responsibilities

136

(3)

Educational Obligations

139

(7)

Enforcement of Section 504

146

(6)

Filing a Grievance

147

(1)

Filing a Complaint with the Office of Civil Rights

147

(2)

Filing for a Due Process Hearing

149

(1)

Filing a Suit in Federal Court

149

(1)

Comparison of the IDEA and Section 504

149

(3)

Summary

152

(1)

For Further Information

152

(1)

References

153

(2)

The Americans with Disabilities Act

155

(20)

The Development of the ADA

156

(1)

The Purpose and Structure of the ADA

157

(12)

Purpose of the ADA

158

(1)

Who Is Protected?

158

(3)

Structure of the ADA

161

(8)

School District Responsibilities

169

(2)

ADA Compliance Coordinator

170

(1)

Self-Evaluation

170

(1)

Transition Plan

171

(1)

Prohibition Against Discrimination

171

(1)

Summary

171

(1)

For Further Information

172

(1)

References

172

(3)

The No Child Left Behind Act

175

(42)

The Development of the NCLB

176

(4)

The History of Federal Involvement in Education: From Assistance to Accountability

176

(4)

The Purpose, Goals, and Structure of NCLB

180

(8)

The Purpose of No Child Left Behind

180

(1)

The Goals of No Child Left Behind

181

(1)

The Structure of No Child Left Behind

181

(7)

The Major Principles of NCLB

188

(24)

Accountability for Results

188

(14)

Scientifically Based Instruction

202

(3)

Highly Qualified Teachers and Paraprofessionals

205

(7)

Summary

212

(1)

For Further Information on NCLB

213

(1)

For Further Information of Scientifically Based Research

213

(1)

References

214

(3)

Free Appropriate Public Education

217

(32)

The FAPE Mandate of the IDEA

218

(1)

Components of a FAPE

219

(2)

Free Education

219

(1)

State Standards

220

(1)

Appropriate Education

220

(1)

Related Services and FAPE

221

(4)

Litigation and Related Services

223

(2)

Litigation and FAPE

225

(7)

Hendrick Hudson School District v. Rowley, 1982

226

(6)

Methodology and FAPE

232

(6)

FAPE and Lovaas Therapy

234

(3)

Extended School Year and FAPE

237

(1)

Determining Student Placement and FAPE

238

(3)

Determining Placement

239

(1)

Placement Factors

240

(1)

Graduation and FAPE

241

(1)

IDEA 1997, IDEA 2004, and FAPE

242

(1)

Summary

243

(1)

For Further Information

244

(1)

References

244

(5)

Identification, Assessment, and Evaluation

249

(24)

Definition of Assessment

250

(2)

Prereferral Decisions

250

(1)

Entitlement Decisions

250

(1)

Programming Decisions

251

(1)

Accountability / Outcome Decisions

251

(1)

The Assessment / Evaluation Process

252

(4)

Protection in Evaluation Procedures

256

(6)

Child Find

256

(1)

Parental Consent

256

(1)

Preplacement Evaluation

257

(1)

Comprehensiveness of the Evaluation

257

(1)

Qualifications of Evaluators

258

(1)

Evaluation Materials and Procedures

258

(2)

Special Rules for Eligibility Determination

260

(1)

Nondiscriminatory Evaluation

260

(2)

Interpretation of Evaluation Data

262

(1)

Medical Diagnosis and Eligibility Determination

263

(1)

Reevaluation

263

(1)

Independent Educational Evaluations

264

(2)

Accountability Efforts and Students with Disabilities

266

(3)

Minimum Competency Tests

267

(1)

Including Students with Disabilities in Accountability Efforts

268

(1)

Summary

269

(1)

For Further Information

270

(1)

References

270

(3)

The Individualized Education Program

273

(36)

Purposes of the IEP

275

(2)

Communication

275

(1)

Management

276

(1)

Accountability

276

(1)

Compliance and Monitoring

276

(1)

Evaluation

276

(1)

The IEP Mandate

277

(1)

IEP Development

277

(22)

The IEP Planning Process

277

(4)

The IEP Team

281

(6)

Content of the IEP

287

(12)

Substantive Requirements

299

(4)

Parental Participation

300

(2)

Reviewing and Revising the IEP

302

(1)

Communicating the Requirements of the IEP

302

(1)

Placement in Private Schools

303

(1)

Section 504 and the IEP

303

(1)

Litigation on the IEP

303

(2)

Summary

305

(1)

For Further Information

305

(1)

References

306

(3)

Least Restrictive Environment

309

(26)

LRE, Mainstreaming, and Inclusion

310

(4)

The LRE Mandate

311

(1)

Continuum of Alternative Placements

312

(2)

Related Factors in Educational Placements

314

(2)

Placement in the Neighborhood School

314

(1)

Nonacademic Programming

315

(1)

The Interests of Peers Without Disabilities

315

(1)

Judicial Standards of Review

316

(10)

The Roncker Portability Test

316

(1)

The Daniel Two-Part Test

317

(2)

The Rachel H. Four-Factor Test

319

(2)

Clyde K. v. Puyallup School District

321

(2)

The Hartmann Three-Part Test

323

(1)

Summary of Judicial Standard of Review

324

(1)

The Burden of Proof

324

(2)

Standards for Determining the LRE

326

(4)

Individualization

327

(1)

Benefits to the Student

328

(1)

Effect on Peers

328

(1)

Appropriateness

328

(1)

Integration

329

(1)

The Use of Supplementary Aids and Services

329

(1)

A Model for Determining LRE

330

(1)

Summary

331

(1)

For Further Information

332

(1)

References

332

(3)

Procedural Safeguards

335

(42)

Procedural Rights of Parents

336

(3)

Identification of Parents

336

(2)

Surrogate Parents

338

(1)

General Procedural Requirements

339

(5)

Notice Requirements

340

(1)

Consent Requirements

340

(2)

Opportunity to Examine Records

342

(1)

Independent Educational Evaluation

343

(1)

Dispute Resolution

344

(13)

Mediation

344

(2)

Resolution Session

346

(1)

The Due Process Hearing

346

(8)

Alternatives to the Due Process Hearing

354

(1)

School District Responsibilities in the Hearing

355

(2)

Remedies

357

(15)

Sovereign Immunity

357

(1)

Attorney's Fees

358

(5)

Injunctive Relief

363

(1)

Tuition Reimbursement

363

(3)

Compensatory Education

366

(1)

Compensatory Awards Under the IDEA

367

(1)

Punitive Damages

368

(4)

Summary

372

(1)

For Further Information

373

(1)

References

373

(4)

Disciplining Students with Disabilities

377

(42)

Discipline in the Schools

378

(1)

Procedural Due Process: The Right to Fair Procedures

379

(4)

Developing Schoolwide Discipline Policies

379

(2)

Extending Due Process Protection to Students

381

(2)

Ensuring That Discipline Practices Are Nondiscriminatory

383

(1)

Substantive Due Process: The Right to Reasonableness

383

(1)

The IDEA and Discipline

384

(16)

Addressing Problem Behavior in the IEP Process

386

(3)

Disciplinary Procedures

389

(6)

The Manifestation Determination

395

(2)

Interim Alternative Educational Settings

397

(2)

The Stay-Put Provision

399

(1)

Disciplining Students Not Yet Eligible for Special Education

400

(4)

Rodiriecus L. v. Waukegan School District, 1996

401

(1)

Honig Injunctions

401

(2)

Referral to Law Enforcement and Courts

403

(1)

The Legal Status of Disciplinary Procedures

404

(5)

Permitted Procedures

404

(1)

Controlled Procedures

404

(3)

Prohibited Procedures

407

(1)

Weapons

408

(1)

School District Responsibilities

409

(5)

Formulate and Disseminate Discipline Policies and Procedures

409

(2)

Recognize the Dual Disciplinary Standard

411

(1)

Document Disciplinary Actions Taken and Evaluate Their Effectiveness

412

(2)

Summary

414

(2)

For Further Information

416

(1)

References

416

(3)

Additional Issues

419

(32)

Issue #1: Student Records

419

(4)

Family Educational Rights and Privacy Act

420

(3)

Summary of Student Records

423

(1)

Issue #2: Providing Special Education Services in Private Schools

423

(5)

Defining Private Schools

424

(1)

Children Enrolled in Private Schools by Their Parents

424

(2)

Children Placed in, or Referred to, Private Schools by Public Schools

426

(1)

Payment for Educating Children Enrolled in Private Schools Without the Consent of, or Referral by, the Public School

426

(1)

Public School Responsibilities Under EDGAR

427

(1)

School District Responsibilities to Private School Students

427

(1)

Summary of the IDEA and Private Schools

428

(1)

Issue #3: The IDEA and the Establishment Clause

428

(8)

Everson v. Board of Education, 1947

429

(1)

Lemon v. Kurtzman, 1971

430

(1)

Grand Rapids School District v. Ball, 1985

431

(1)

Aguilar v. Felton, 1985

431

(1)

Zobrest v. Catalina Foothills School District

432

(1)

The Establishment Clause and the IDEA

433

(1)

Post-Zobrest Cases

433

(1)

Board of Education of Kiryas Joel Village School District v. Grumet, 1994

434

(1)

Agostini v. Felton, 1997

435

(1)

Summary of the IDEA and Parochial Schools

435

(1)

Issue #4: Liability for Student Injury

436

(6)

Tort Laws

436

(1)

Intentional Torts

436

(2)

Negligence

438

(2)

Teachers' Defenses Against Liability

440

(1)

School District Responsibilities Regarding Student Care and Supervision

441

(1)

Issue #5: Search and Seizure

442

(3)

New Jersey v. T.L.O., 1985

442

(1)

Cornfield v. Consolidated High School District No. 230, 1983

443

(1)

Thomas v. Carthage School District, 1996

444

(1)

Locker Searches

444

(1)

Summary

445

(1)

For Further Information

446

(1)

References

447

(4)

Appendix A: Major Changes of IDEA 2004

451

(10)

Appendix B: Relevant Sections of the U.S. Constitution

461

(2)

Glossary

463

(2)

Index of Cases

465

(4)

Author Index

469

(4)

Subject Index

473

Amazon no longer offers textbook rentals. We do!

The Law And Special Education

The Law And Special Education

9780131106703

0131106708

Summary

Table of Contents

Supplemental Materials

Write a Review

Amazon no longer offers textbook rentals. We do!

The Law And Special Education

The Law And Special Education

9780131106703

0131106708

Summary

Table of Contents

Supplemental Materials

Write a Review

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