Special Education Law

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

• ISBN13: 9780131175716
• ISBN10: 0131175718
• Edition: 2nd
• Format: Paperback
• Copyright: 2006-01-31
• Publisher: Pearson

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