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Special Education Law

by Murdick, Nikki L.; Gartin, Barbara L.; Crabtree, Terry Lee

Edition:

2nd

ISBN13:

9780131175716

ISBN10:

0131175718

Format:

Paperback

Pub. Date:

1/31/2006

Publisher(s):

Pearson

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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.

PART I The Bases for Special Education

(42)

Historical Overview of Special Education

(18)

Guiding Questions

(1)

Deinstitutionalization and Normalization

(3)

Advocacy and a ``Bill of Rights''

(2)

The Civil Rights Movement and Its Impact on Educational Services

(1)

The Kennedy Era and a Change of Direction

(1)

Litigative Base for Educational Services

(4)

Brown v. Board of Education of Topeka, Kansas (1954)

(1)

Hobson v. Hansen (1967)

(1)

PARC v. Commonwealth of Pennsylvania (1972)

(1)

Mills v. Board of Education of the District of Columbia (1972)

(1)

Diana v. State Board of Education (1970)

(1)

Larry P. v. Riles (1972, 1974, 1979, 1984)

(1)

Civil Rights Legislation Protecting Persons with Disabilities

(1)

The Rehabilitation Act of 1973

(1)

Developmental Disabilities Assistance and Bill of Rights Act of 1975

(1)

Summary

(1)

Questions for Discussion

(1)

Websites for Further Exploration

(1)

Illustrating the Law: Briefing of: Brown v. Board of Education

(1)

Illustrating the Law Through Discussion

(1)

References

(1)

A New Foundation for Special Education Services

(23)

Guiding Questions

(2)

The Federal Base for Special Education Services

(7)

Elementary and Secondary Education Act of 1965 (P.L. 89-10)

(1)

Education of the Handicapped Act of 1970 (P.L. 91-230)

(1)

Education of the Handicapped Act Amendments of 1974 (P.L. 93-380)

(1)

Education for All Handicapped Children Act of 1975 (P.L. 94-142)

(5)

Subsequent Reauthorizations and Amendments to EAHCA

(3)

Handicapped Children's Protection Act of 1986 (P.L. 99-372)

(1)

Education of the Handicapped Act Amendments of 1986 (P.L. 99-457)

(1)

Individuals with Disabilities Education Act of 1990 (P.L. 101--476)

(1)

The Individuals with Disabilities Education Act Amendments of 1991 (P.L. 102--119)

(1)

The Individuals with Disabilities Education Act Amendments of 1997 (P.L. 105--17)

(1)

The Individuals with Disabilities Education Improvement Act of 2004 (P.L. 108--446)

(1)

Federal Statutes Relating to Idea

(3)

Rehabilitation Act of 1973 (P.L. 93--112)

(1)

Americans with Disabilities Act of 1990 (P.L. 101--336)

(1)

No Child Left Behind Act of 2001 (P.L. 107--110)

(1)

Summary

(1)

Questions for Discussion

(1)

Websites for Further Exploration

(1)

Illustrating the Law: Legislation: Public Law 108--446: Title and Findings 108th Congress

(4)

Illustrating the Law Through Discussion

(1)

References

(2)

PART II Six Basic Principles of Special Education Legislation

(136)

Free Appropriate Public Education

(22)

Guiding Questions

(1)

Equal Protection Doctrine

(4)

Application of Equal Protection Principle in Education

(2)

Pre-EAHCA Litigation

(1)

Legislation Applying Equal Protection Principle

(5)

Purpose

(1)

Free Education

(1)

Appropriate Education

(2)

Public Education

(2)

Accessibility of Education for All Children with Disabilities

Timothy W. v. Rochester, N.H. School District (1989)

(1)

Goss v. Lopez (1975)

(1)

Honig v. Doe (1988)

(1)

Light v. Parkway C-2 School District (1994)

(1)

Reese v. Board of Education of Bismarck R-V School District (2002)

(1)

Steinberg v. Weast (2001)

(1)

Summary

(1)

Questions for Discussion

(1)

Websites for Further Exploration

(1)

Illustrating the Law: Briefing of: Board of Education of the Hendrick Hudson Central School District v. Rowley

(2)

Illustrating the Law Through Discussion

(1)

References

(2)

Nondiscriminatory Evaluation

(24)

Guiding Questions

(2)

Basis for the Principle of Nondiscriminatory Evaluation

(3)

Hobson v. Hansen (1967)

(1)

Larry P. v. Riles (1972, 1979)

(1)

PASE v. Hannon (1980)

(1)

Legislative Basis for Nondiscriminatory Evaluation

(2)

Education for All Handicapped Children Act of 1975

(1)

Section 504 of the Rehabilitation Act of 1973

(2)

Americans with Disabilities Act of 1990

(1)

Protection in Evaluation Procedures

(13)

Preplacement Evaluation

(2)

Evaluation Materials and Procedures

(2)

Independent Educational Evaluations

(3)

Reevaluation

(1)

Additional Evaluation Issues

(4)

Summary

(1)

Questions for Discussion

(1)

Websites for Further Exploration

(1)

Illustrating the Law: Briefing of: Larry P. v. Riles

(2)

Illustrating the Law Through Discussion

(1)

References

(1)

Program Development

(28)

Guiding Questions

(1)

Basis for Individualized Program Development

(1)

Individualized Education Program

(5)

Individualized Family Service Plan

(1)

Individualized Transition Plan

(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

Special Education Law

9780131175716

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