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Special Education Law,9780131175716

Special Education Law

by ; ;
Edition:
2nd
ISBN13:

9780131175716

ISBN10:
0131175718
Format:
Paperback
Pub. Date:
1/31/2006
Publisher(s):
Pearson
List Price: $57.40
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Summary

With IDEA 2004 and its accompanying regulations as its foundation, this readable book provides the most up-to-date and accurate information on the laws impacting the field of special education today. This comprehensive book enables teachers and other special educators to examine current legislation from a historical perspective, and provides the reader with an opportunity to understand the evolving nature of special education legislation and how it is interpreted by case law. The second edition ofSpecial Education Lawhas expanded its utility by adding additional content, including: A new chapter, "Discipline Concerns," focuses on the most frequently cited controversial issue in education today. This chapter on the consequences of undesirable behavior discusses zero tolerance, determination manifestation, and interim alternative educational settings. An expanded chapter on program development covering Individual Family Services Plans (IFSPs), the extended school year, as well as Individualized Education Programs (IEPs) A discussion of the legal requirements under the No Child Left Behind Act (NCLB), and how this law intersects with the requirements of IDEA 2004, impacting the practicalities of special education More content tied directly to the standards and competencies of the Council for Exceptional Children (CEC), Interstate New Teacher Assessment and Support Consortium (INTASC), and PRAXIS TM More pedagogy. The authors have included reflection questions for extending discussion at the end of every chapter, additional case briefs, and relevant websites for further exploration.

Table of Contents

PART I The Bases for Special Education
1(42)
Historical Overview of Special Education
2(18)
Guiding Questions
2(1)
Deinstitutionalization and Normalization
3(3)
Advocacy and a ``Bill of Rights''
6(2)
The Civil Rights Movement and Its Impact on Educational Services
8(1)
The Kennedy Era and a Change of Direction
9(1)
Litigative Base for Educational Services
10(4)
Brown v. Board of Education of Topeka, Kansas (1954)
10(1)
Hobson v. Hansen (1967)
11(1)
PARC v. Commonwealth of Pennsylvania (1972)
12(1)
Mills v. Board of Education of the District of Columbia (1972)
12(1)
Diana v. State Board of Education (1970)
13(1)
Larry P. v. Riles (1972, 1974, 1979, 1984)
13(1)
Civil Rights Legislation Protecting Persons with Disabilities
14(1)
The Rehabilitation Act of 1973
14(1)
Developmental Disabilities Assistance and Bill of Rights Act of 1975
15(1)
Summary
15(1)
Questions for Discussion
16(1)
Websites for Further Exploration
17(1)
Illustrating the Law: Briefing of: Brown v. Board of Education
17(1)
Illustrating the Law Through Discussion
18(1)
References
19(1)
A New Foundation for Special Education Services
20(23)
Guiding Questions
20(2)
The Federal Base for Special Education Services
22(7)
Elementary and Secondary Education Act of 1965 (P.L. 89-10)
23(1)
Education of the Handicapped Act of 1970 (P.L. 91-230)
23(1)
Education of the Handicapped Act Amendments of 1974 (P.L. 93-380)
23(1)
Education for All Handicapped Children Act of 1975 (P.L. 94-142)
24(5)
Subsequent Reauthorizations and Amendments to EAHCA
29(3)
Handicapped Children's Protection Act of 1986 (P.L. 99-372)
29(1)
Education of the Handicapped Act Amendments of 1986 (P.L. 99-457)
29(1)
Individuals with Disabilities Education Act of 1990 (P.L. 101--476)
30(1)
The Individuals with Disabilities Education Act Amendments of 1991 (P.L. 102--119)
30(1)
The Individuals with Disabilities Education Act Amendments of 1997 (P.L. 105--17)
30(1)
The Individuals with Disabilities Education Improvement Act of 2004 (P.L. 108--446)
31(1)
Federal Statutes Relating to Idea
32(3)
Rehabilitation Act of 1973 (P.L. 93--112)
32(1)
Americans with Disabilities Act of 1990 (P.L. 101--336)
33(1)
No Child Left Behind Act of 2001 (P.L. 107--110)
34(1)
Summary
35(1)
Questions for Discussion
36(1)
Websites for Further Exploration
37(1)
Illustrating the Law: Legislation: Public Law 108--446: Title and Findings 108th Congress
37(4)
Illustrating the Law Through Discussion
41(1)
References
41(2)
PART II Six Basic Principles of Special Education Legislation
43(136)
Free Appropriate Public Education
44(22)
Guiding Questions
44(1)
Equal Protection Doctrine
45(4)
Application of Equal Protection Principle in Education
49(2)
Pre-EAHCA Litigation
50(1)
Legislation Applying Equal Protection Principle
51(5)
Purpose
51(1)
Free Education
51(1)
Appropriate Education
52(2)
Public Education
54(2)
Accessibility of Education for All Children with Disabilities
Timothy W. v. Rochester, N.H. School District (1989)
56(1)
Goss v. Lopez (1975)
57(1)
Honig v. Doe (1988)
57(1)
Light v. Parkway C-2 School District (1994)
58(1)
Reese v. Board of Education of Bismarck R-V School District (2002)
59(1)
Steinberg v. Weast (2001)
60(1)
Summary
60(1)
Questions for Discussion
61(1)
Websites for Further Exploration
62(1)
Illustrating the Law: Briefing of: Board of Education of the Hendrick Hudson Central School District v. Rowley
62(2)
Illustrating the Law Through Discussion
64(1)
References
64(2)
Nondiscriminatory Evaluation
66(24)
Guiding Questions
66(2)
Basis for the Principle of Nondiscriminatory Evaluation
68(3)
Hobson v. Hansen (1967)
69(1)
Larry P. v. Riles (1972, 1979)
69(1)
PASE v. Hannon (1980)
70(1)
Legislative Basis for Nondiscriminatory Evaluation
71(2)
Education for All Handicapped Children Act of 1975
71(1)
Section 504 of the Rehabilitation Act of 1973
71(2)
Americans with Disabilities Act of 1990
73(1)
Protection in Evaluation Procedures
73(13)
Preplacement Evaluation
74(2)
Evaluation Materials and Procedures
76(2)
Independent Educational Evaluations
78(3)
Reevaluation
81(1)
Additional Evaluation Issues
82(4)
Summary
86(1)
Questions for Discussion
86(1)
Websites for Further Exploration
86(1)
Illustrating the Law: Briefing of: Larry P. v. Riles
86(2)
Illustrating the Law Through Discussion
88(1)
References
89(1)
Program Development
90(28)
Guiding Questions
90(1)
Basis for Individualized Program Development
91(1)
Individualized Education Program
92(5)
Individualized Family Service Plan
97(1)
Individualized Transition Plan
98(2)
IEP Litigation
100(11)
Appropriateness of the IEP
101(3)
Related Services and the IEP
104(4)
Related Services: Other Therapies and Services
108(1)
Extended School Year
108(3)
Annual Testing for NCLB
111(1)
Summary
112(1)
Questions for Discussion
113(1)
Websites for Further Exploration
113(1)
Illustrating the Law: Briefing of: Burlington School Committee v. Department of Education of Massachusetts
114(1)
Illustrating the Law Through Discussion
115(1)
References
116(2)
Least Restrictive Environment
118(24)
Guiding Questions
118(1)
Genesis of Least Restrictive Environment Principle: Deinstitutionalization
119(2)
Legislative Basis for Least Restrictive Environment
121(3)
Continuum of Alternative Placements
122(2)
Judicial Interpretations of LRE Principle
124(2)
Areas of LRE Litigation
126(10)
Mainstreaming
126(1)
Inclusion
127(3)
Neighborhood School
130(1)
Placement in a Private School
131(2)
Parental Reimbursement
133(2)
Religious Groups
135(1)
Funding Limitations
136(1)
Summary
136(1)
Questions for Discussion
137(1)
Websites for Further Exploration
138(2)
Illustrating the Law: Briefing of: Mattie T. v. Holladay
Illustrating the Law Through Discussion
140(1)
References
140(2)
Procedural Due Process
142(22)
Guiding Questions
142(1)
Amendment XIV
143(1)
Early Due Process Litigation
144(3)
Suspension and/or Expulsion
144(2)
Exclusion
146(1)
Legislation and Due Process Procedures
147(2)
Litigation After P.L. 94--142
149(9)
Providing Notice
149(2)
Required Content of Notice
151(2)
Parental Access to Records
153(1)
Mediation
154(1)
Impartial Due Process Hearings
155(2)
Timeliness of Process
157(1)
Summary
158(2)
Questions for Discussion
160(1)
Websites for Further Exploration
160(1)
Illustrating the Law: Briefing of: Max M. v. Thompson
161(1)
Illustrating the Law Through Discussion
161(1)
References
161(3)
Parental Participation
164(15)
Guiding Questions
164(1)
IDEA and Parental Participation
165(7)
Confidentiality of Records
167(4)
Special Situations
171(1)
Parental Participation Litigation
172(3)
Summary
175(1)
Questions for Discussion
176(1)
Websites for Further Exploration
176(1)
Illustrating the Law: Briefing of: Reusch v. Fountain
177(1)
Illustrating the Law Through Discussion
177(1)
References
178(1)
PART III Remedies
179(74)
Enforcement of Special Education Law
180(22)
Guiding Questions
180(1)
Pre-EAHCA Judicial Methods of Enforcement
181(5)
Court Citations for Contempt
181(1)
Court-Appointed Special Masters
182(1)
Doctrine of Federal Abstention
183(1)
Grounds of Mootness
184(1)
Failure to Prosecute
185(1)
Voluntary Dismissal
186(1)
Post-EAHCA Compliance Techniques
186(6)
Authorization and Appropriation of Monies
187(1)
Exhaustion of Remedies
188(1)
Private Right of Action
189(1)
Attorney Fees
189(3)
Remedies for Violations of EAHCA
192(3)
Permanent Injunctions
192(1)
Compensatory Education
193(1)
Monetary Fines
194(1)
Punitive Damages
194(1)
Summary
195(2)
Questions for Discussion
197(1)
Websites for Further Exploration
197(1)
Illustrating the Law: Briefing of: Ridgewood Board of Education v. N. E.
198(2)
Illustrating the Law Through Discussion
200(1)
Additional Practice
200(1)
References
200(2)
Discipline Issues
202(16)
Guiding Questions
202(1)
Disciplinary Methods and Zero Tolerance Rules---Weapons, Drugs, and Serious Bodily Injury
203(2)
IDEA Requirements for Discipline
205(6)
Suspension/Expulsion
205(1)
Interim Alternative Educational Setting
205(2)
Manifestation Determination
207(1)
Functional Assessment of Behavior and Behavior Intervention Plans
207(1)
``Stay-Put'' Requirements
208(1)
Nonidentified Child with Disabilities
209(1)
Juvenile Authority Reports
210(1)
Summary
211(2)
Questions for Discussion
213(1)
Websites for Further Exploration
213(1)
Illustrating the Law: Briefing #1 of: Bill Honig, California Superintendent of Public Instruction v. John Doe and Jack Smith
213(2)
Illustrating the Law Through Discussion
215(1)
Illustrating the Law: Briefing #2 of: Martin Light v. Parkway C-2 School District
Illustrating the Law Through Discussion
216(1)
References
217(1)
Mediation and Impartial Due Process Hearing
218(24)
Guiding Questions
218(1)
Mediation
219(5)
Requirements for Mediation Procedures
219(1)
Selection and Impartiality of Mediators
220(1)
Parents Who Elect Not to Use Mediation
220(1)
The Mediation Process
221(3)
Resolution Session
224(1)
Due Process Hearing
225(7)
Hearing Officer(s) Selection and Impartiality
225(1)
The Hearing Process
226(3)
Due Process Hearing Report
229(1)
Due Process Hearing Decisions
230(1)
Expedited Due Process Hearings
231(1)
Summary
232(1)
Questions for Discussion
233(1)
Websites for Further Exploration
233(1)
Illustrating the Law: Due Process Hearing Decision
234(6)
Illustrating the Law Through Discussion
240(1)
References
240(2)
Ethics and the Special Education Professional
242(11)
Guiding Questions
242(1)
Personnel Preparation
243(1)
CEC Code of Ethics
243(2)
The Law and Ethical Practice
245(3)
Principle-Based Ethic
245(1)
Virtue-Based Ethics
245(1)
IDEA and Ethical Practice
245(3)
Summary
248(1)
Questions for Discussion
249(1)
Websites for Further Exploration
249(1)
References
250(3)
APPENDIX A The American Legal System
253(6)
Governance of the United States of America Sources of Law
253(3)
Federal Level
253(2)
State Level
255(1)
Local Level
256(1)
United States Court System
256(3)
Equity Law
256(1)
State Court System
257(1)
Federal Court System
257(2)
APPENDIX B Reading and Researching Case Law
259(6)
Analysis or ``Briefing'' of Case Law
259(1)
Case Title and Citation
259(1)
Court Type and Level
259(1)
Facts
259(1)
Issues
259(1)
Court's Holding
260(1)
Legal Doctrine
260(1)
Significance of the Decision
260(1)
Understanding Legal Citations
260(2)
Parallel or Dual Citations
261(1)
Explanation of Prior History
261(1)
Introduction to Legal Research
262(3)
Primary Sources
262(1)
Secondary Sources
262(1)
Finding Aids
262(2)
Using Computers for Legal Research
264(1)
APPENDIX C Glossary of Legal Terms
265(8)
APPENDIX D Case List
273(4)
Author Index 277(2)
Subject Index 279


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