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Special Education Law and Practice in Public Schools

by ; ;
Edition:
2nd
ISBN13:

9780132207140

ISBN10:
0132207141
Format:
Paperback
Pub. Date:
8/3/2006
Publisher(s):
Pearson
List Price: $109.20

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Summary

A must have resource for school leaders and personnel,Special Education Law and Practice in Public Schoolsis dedicated to understanding the complex laws and issues surrounding students with special needs. Broad in coverage, it discusses current topics such as: the reauthorization of IDEA, NCLB, and 504; working with families; IEPs; assessment; staff relationships and staffing patters; due process hearing, mediation and complaints; school-wide discipline, and strategies for specific populations ( infant/toddler, preschool, secondary school, etc.) Filled with ready-to-use samples and inclusion strategies, the book adheres to school administration and CEC standards and is a conclusive resource for practicing professionals.

Table of Contents

PART I LEGAL AND POLICY ISSUES
1(268)
The Foundation of Inclusive Practices
2(18)
Chapter Preview
2(2)
Focus
2(1)
The Law
2(1)
Approaches
3(1)
Special Education and Considerations of Inclusion
4(7)
Early History
5(1)
Legal History
6(1)
Section 504, ADA, and IDEA Compared
7(2)
General Principles of the IDEA
9(1)
Overview of the Process of Special Education
10(1)
Children Enrolled in Special Education
11(1)
New Challenges and Thoughts
12(3)
School Reform and Inclusion
13(1)
The Inclusion Debate
13(1)
Accountability---No Child Left Behind
14(1)
Conclusion
15(1)
View from the Courts
16(1)
Recommended Readings
16(1)
Relevant Federal Regulations
16(1)
Selected Websites
17(1)
Questions for Thought
17(1)
References
17(3)
Parents as Partners
20(22)
Chapter Preview
20(2)
Focus
20(1)
Rationale
20(1)
Legal Issues
20(1)
Approaches
21(1)
The Role of Parents
22(1)
Legal Issues in Working with Parents
23(6)
Persons Acting as Parents
23(1)
Surrogate Parents
24(1)
Parental Procedural Safeguards
24(5)
Procedural Safeguards Notice
29(1)
The Importance of Good Communications with Parents
29(4)
Methods and Frequency
29(2)
Educators' Attitudes and Communication Skills
31(2)
Cultural Considerations
33(1)
Parent Services
33(3)
Parent Training and Information Centers and Community Parent Resource Centers
36(1)
School Choice and Its Implications
36(1)
Conclusion
37(1)
View from the Courts
38(1)
Recommended Readings
38(1)
Relevant Federal Regulations
39(1)
Selected Websites
39(1)
Questions for Thought
40(1)
References
40(2)
Identification and Evaluation of Students
42(22)
Chapter Preview
42(2)
Focus
42(1)
Legal Issues
42(1)
Rationale
43(1)
Approaches
43(1)
Child Find
44(1)
Educational Evaluations
44(5)
Evaluations for Eligibility Determination
45(3)
Noncategorical Evaluation and Eligibility Determination
48(1)
Eligibility Determination
48(1)
Medical Evaluations
49(1)
Legal Issues
49(3)
The Right to an Independent Educational Evaluation
50(1)
Bias in the Identification Process
51(1)
Poverty
51(1)
Limited English Proficiency
52(1)
Expanding Prereferral Approaches
52(5)
Problem-Solving and General Education Interventions
52(4)
General Educators' Involvement
56(1)
No Child Left Behind and Special Education Eligibility
57(1)
NCLB and Students with Disabilities
57(1)
Conclusion
58(1)
View from the Courts
59(1)
Recommended Readings
59(1)
Relevant Federal Regulations
60(1)
Selected Websites
60(1)
Questions for Thought
60(1)
References
60(4)
Individualized Education Program (IEP)
64(24)
Chapter Preview
64(2)
Focus
64(1)
Legal Issues
64(1)
Rationale
65(1)
Approaches
65(1)
The IEP: Key to the IDEA
66(1)
IEP Development
66(13)
When the IEP Is Required
66(1)
Appropriate Programming
67(1)
Participants in the IEP Meeting
67(4)
IEP Team Decision Making
71(1)
Elements of an IEP
72(6)
IEP Development in a Nutshell
78(1)
Other IEP Issues
79(2)
Inclusion Inherent in IEP Process
79(1)
Cost of FAPE
79(1)
School District Responsibility and Accountability
80(1)
Transfer Students
80(1)
IEP Development Through Technology
81(1)
IEP Pilot Programs
81(1)
Improving Communication in IEP Development
81(2)
Conclusion
83(1)
View from the Courts
83(1)
Recommended Readings
84(1)
Relevant Federal Regulations
84(1)
Selected Websites
84(1)
Questions for Thought
85(1)
References
85(3)
Placement
88(30)
Chapter Preview
88(2)
Focus
88(1)
Legal Issues
88(1)
Rationale
89(1)
Approaches
89(1)
Placement Issues
90(1)
Legal Issues
90(5)
What Is Placement?
90(1)
Related Services
91(3)
Extended School Year Services
94(1)
Costs and Parental Responsibilities
94(1)
Placement in the Least Restrictive Environment
95(7)
Meaning of Inclusion
97(1)
Nonacademic LRE Settings
98(1)
The Philosophy of Inclusion
98(1)
Decision Making for Inclusive Programming
99(3)
Accessibility
102(1)
Approaches to Resolving Placement Concerns
102(7)
Inclusive Classroom Considerations
102(1)
Supplementary Aids and Services
103(6)
Other Inclusion Considerations
109(1)
Staff Readiness and Understanding
109(1)
Community Readiness
110(1)
Private School Placement
110(2)
By Public Schools
110(1)
By Parents
110(2)
Conclusion
112(1)
View from the Courts
112(1)
Recommended Readings
113(1)
Relevant Federal Regulations
114(1)
Selected Websites
114(1)
Questions for Thought
115(1)
References
115(3)
Student Relationships
118(22)
Chapter Preview
118(2)
Focus
118(1)
Rationale
118(1)
Approaches
119(1)
Peer Interactions
120(2)
Controversy
120(2)
Current Realities
122(1)
The Inclusive Model
122(3)
Setting the Tone
124(1)
Questions of Fairness
125(1)
Peer Tutoring
125(4)
Traditional Peer-Tutoring
125(1)
Peer-Assisted Learning Strategies (PALS)
126(2)
A Secondary Peer-Tutoring Example
128(1)
Cooperative Learning Activities
129(2)
Collaborative Problem-Solving
131(1)
Universal Design Materials
132(1)
Attitude Change Programs
132(3)
Friendship Circles
134(1)
Peer-Support Programs
134(1)
Conclusion
135(1)
View from the Courts
135(1)
Recommended Readings
136(1)
Relevant Federal Regulations
136(1)
Selected Websites
136(1)
Questions for Thought
137(1)
References
137(3)
Infant and Toddler and Preschool Programs
140(20)
Chapter Preview
140(2)
Focus
140(1)
Legal History
140(1)
Part B
140(1)
Part C
141(1)
Rationale
141(1)
Approaches
141(1)
Emerging Early Childhood and Preschool Programs
142(5)
Children at Risk
143(1)
Homeless Children
144(1)
Is Early Intervention Education Effective?
144(2)
Legal History
146(1)
Legal Aspects of Federal Programs
147(8)
Part C of the IDEA
147(3)
Part B of IDEA
150(4)
Elementary Centers
154(1)
Conclusion
155(1)
View from the Courts
156(1)
Recommended Readings
156(1)
Relevant Federal Regulations
156(1)
Selected Websites
157(1)
Questions for Thought
157(1)
References
157(3)
Secondary School Considerations
160(34)
Chapter Preview
160(2)
Focus
160(1)
Legal Issues
160(1)
Rationale
161(1)
Types of Secondary Programs
161(1)
Approaches
161(1)
Coping with Secondary School
162(2)
Legal Issues
164(5)
Age of Majority
164(1)
Extended Opportunities
164(1)
Transition in the IEP
165(2)
Secondary IEP Planning Issues
167(2)
Self-Determination
169(2)
Career and Vocational Education
171(5)
Employment Data
171(1)
Vocational Assessment and Planning
171(1)
Improving Vocational Programs
172(2)
Sources of Help with Career and Vocational Needs
174(2)
Post-High School Education Planning
176(1)
Sex Education
177(2)
Driver Education
179(1)
Drop-out Reduction
179(1)
The Question of Diplomas, Grades, Honor Rolls, and Transcripts
180(3)
Diplomas
180(1)
Grades
181(1)
Honor Rolls
182(1)
Transcripts
182(1)
Nonacademic Considerations
183(2)
Socialization
183(1)
Extracurricular Activities
184(1)
Eligibility for Activities
184(1)
Competitive Athletics
184(1)
Importance of Inclusion in Placement
185(2)
Secondary Inclusion Considerations
186(1)
A Secondary Inclusion Reform Model
186(1)
The Principal's Role
187(1)
Conclusion
187(1)
View from the Courts
188(1)
Recommended Readings
188(2)
Relevant Federal Regulations
190(1)
Selected Websites
190(1)
Questions for Thought
190(1)
References
190(4)
Discipline
194(28)
Chapter Preview
194(2)
Focus
194(1)
Legal Issues
194(1)
Rationale
195(1)
Approaches
195(1)
Legal History Under the Act
196(1)
Legal Requirements
196(12)
IEP Process Alternative
196(1)
Behavioral Intervention Plans
196(1)
Short Fixed-Term Suspensions
197(1)
Accumulated Suspensions
197(1)
Partial Day and In-School Suspensions
197(1)
Expulsion and Long-Term Suspensions
198(1)
Interim Alternative Educational Setting
199(1)
Placement in the IAES by a Hearing Officer or Administrative Law Judge (ALJ) for Disruptive Behavior
200(1)
Court Injunction
201(1)
Home-Bound
201(1)
Manifestation Determination
201(1)
Notice and Parent Requests for Due Process Hearing
202(1)
``Stay-Put'' (Status Quo) and IAES
203(1)
Non-eligible Student Discipline Protections
203(1)
Referral to Law Enforcement
204(1)
Functional Behavioral Assessment and Behavior Intervention Plans
204(4)
The Continuing Dilemma
208(1)
The New Positive, Preventive Approach
208(1)
Approaches to Resolving Problems
209(3)
Preventive Measures
209(3)
Cultural Awareness
212(1)
What the Future Holds
213(1)
The IEP Process
213(1)
Conclusion
214(1)
View from the Courts
214(1)
Recommended Readings
215(1)
Relevant Federal Regulations
216(1)
Selected Websites
216(1)
Questions for Thought
217(1)
References
217(5)
Staff Relationships and Staffing Patterns
222(26)
Chapter Preview
222(2)
Focus
222(1)
Rationale
222(1)
Approaches
222(2)
Staffing Concerns Inherent in the IDEA
224(4)
Challenges in Staffing Relationships
224(1)
What Research Shows
225(1)
Principal's Role
226(1)
The Educational Leader as Agent of Change
227(1)
Personnel Functions and Change
228(2)
Celebrate Success
229(1)
Interstate School Leaders Licensure Consortium (ISLLC)
230(1)
Collaborative Roles
230(5)
Barriers to Collaboration
231(1)
Examples of Collaboration
232(2)
The Multidisciplinary Team
234(1)
New Roles for Educators
235(1)
Paraeducators
236(3)
``Highly Qualified'' Staff
239(2)
Conclusion
241(1)
View from the Courts
242(1)
Recommended Readings
242(1)
Relevant Federal Regulations
243(1)
Selected Websites
243(1)
Questions for Thought
244(1)
References
244(4)
Dispute Resolution---Due Process Hearings, Mediation, and Complaints
248(21)
Chapter Preview
248(2)
Focus
248(1)
Legal Issues
248(1)
Approaches
249(1)
Alternatives in Resolving Disputes
250(3)
Mediation---Formal
251(1)
State Complaint Process---Formal
252(1)
The Shadow of Due Process Hearings
253(10)
A Last Resort
254(1)
Required Process Leading to a Due Process Hearing
255(3)
Conduct of a Hearing
258(2)
Appeals
260(1)
Attorney Fees
260(1)
``Stay Put'' (Status Quo)
261(1)
Preparation for the Hearing
261(1)
School District's Defense
262(1)
Conclusion
263(1)
View from the Courts
264(1)
Recommended Readings
265(1)
Relevant Federal Regulations
265(1)
Selected Websites
265(1)
Questions for Thought
266(1)
References
266(3)
PART II EXCEPTIONALITY IN CHILDREN AND ADOLESCENTS
269(73)
High-Incidence Disabilities
270(28)
Chapter Preview
270(2)
Focus
270(1)
Inclusion Strategies
271(1)
Emotional Disturbance/Behavioral Disorders (E/BD)
272(6)
Federal Definition of E/BD
272(1)
Referral and Initial Assessment
272(1)
Characteristics of E/BD
273(1)
Instruction
274(1)
Behavior Management
275(2)
Inclusion Strategies
277(1)
Mental Disabilities or Retardation
278(4)
Federal Definition of Mental Disabilities
278(1)
Referral and Initial Assessment
278(1)
Characteristics of Mental Disabilities
279(1)
Instruction
279(1)
Related Services
280(1)
Inclusion Strategies
280(2)
Learning Disabilities
282(4)
Federal Definition
282(1)
Referral and Initial Assessment
282(1)
Instruction
283(1)
Related Services
284(1)
Inclusion Strategies
284(2)
Speech and Language Impairments
286(2)
Federal Definition
286(1)
Referral and Initial Assessment
286(1)
Characteristics of Speech and Language Impairments
286(1)
Instruction and Related Services
287(1)
Inclusion Strategies
287(1)
Conclusion
288(1)
View from the Courts
288(1)
Recommended Readings
289(1)
Relevant Federal Regulations
290(1)
Selected Websites
290(1)
Questions for Thought
291(1)
References
291(7)
Low-Incidence Disabilities
298(22)
Chapter Preview
298(2)
Focus
298(1)
Inclusion Strategies
299(1)
Autism
300(3)
Federal Definition of Autism
300(1)
Referral and Initial Assessment
300(1)
Characteristics of Autism
300(1)
Instruction
300(2)
Legal Issues
302(1)
Related Services
302(1)
Inclusion Strategies
303(1)
Orthopedic Impairments (Physical Disabilities)
303(3)
Federal Definition of Orthopedic Impairments
303(1)
Referral and Initial Assessment
304(1)
Characteristics of Physical Disabilities
304(1)
Instruction
305(1)
Related Services
305(1)
Inclusion Strategies
306(1)
Traumatic Brain Injury (TBI)
306(2)
Federal Definition of TBI
306(1)
Instruction
307(1)
Related Services
307(1)
Inclusion Strategies
307(1)
Visual Impairments Including Blindness
308(2)
Federal Definition of Visual Impairment
308(1)
Characteristics of Visual Impairment
308(1)
Instruction
308(1)
Related Services
308(1)
Inclusion Strategies
309(1)
Deafness and Hearing Impairment
310(2)
Federal Definition of Hearing Impairment
310(1)
Instruction
310(1)
Related Services
311(1)
Inclusion Strategies
311(1)
Multiple Disabilities and Deafness-Blindness
312(1)
Federal Definition of Multiple Disabilities
312(1)
Instruction
313(1)
Inclusion Strategies
313(1)
Conclusion
313(1)
View from the Courts
313(1)
Recommended Readings
314(1)
Relevant Federal Regulations
315(1)
Selected Websites
315(1)
Questions for Thought
316(1)
References
316(4)
Other Special Needs
320(22)
Chapter Preview
320(184)
Focus
320(1)
Inclusion Strategies
321(183)
Students with Disabilities Protected by Section
504
(Including ADHD)
322(1)
Attention Deficits
322(1)
Impulsivity
322(1)
Hyperactivity
322(1)
Social Problems
323(1)
Instruction
323(1)
Medication
323(1)
Inclusion Strategies
324(1)
Culturally and Linguistically Diverse Students (CLD)
324(5)
Instruction and Inclusion Strategies
325(1)
Special Education and CLD Students
326(1)
Legal and Educational Issues
327(1)
Behavioral Disorders and Culture
328(1)
Learning Disabilities and Culture
328(1)
Mental Disabilities and Culture
329(1)
Talented and Gifted Students (TAG)
329(3)
Underachievement
329(1)
The Underrepresentation of Minority and Economically Disadvantaged Children in Gifted Education (GE)
330(1)
Inclusion Strategies
331(1)
Talented and Gifted Students with Disabilities
331(1)
Conclusion
332(1)
View from the Courts
333(1)
Recommended Readings
333(1)
Relevant Federal Regulations
334(1)
Selected Websites
334(1)
Questions for Thought
335(1)
References
335(7)
Appendix A: Examples of Excerpts from PLEP Statements 342(1)
Appendix B: Examples of Goal Statements 342(1)
Appendix C: Examples of Monitoring Objectives 343(1)
Appendix D: Examples of Integrated PLEPs, Goals, and Monitoring Objectives 343(2)
Appendix E: IEP Model Form 345(7)
Appendix F: Samples of Different IEP Annual Goals and Objectives as Part of Transition IEPs 352(3)
Appendix G: Individualized Family Service Plan Model Form 355(4)
Appendix H: Sample Behavior/Discipline Forms 359(6)
Name Index 365(6)
Subject Index 371


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