Students With Disabilities and Special Education

by Oakstone Legal

• ISBN13: 9780939675944
• ISBN10: 0939675943
• Edition: 17th
• Format: Paperback
• Copyright: 2000-12-01
• Publisher: Center for Education & Employment

Table of Contents

Introduction	i
About the Editors	iii
How to Use Your Deskbook	v
Table of Cases	ix
Table of Cases by State	xvii
The Individuals with Disabilities Education Act
Individuals with Disabilities Education Act	1	(10)
Background	2	(4)
Overview	6	(4)
Organization of this Book	10	(1)
Minimum Idea Standards Under Board of Education V. Rowley	11	(9)
U.S. Supreme Court Cases	20	(2)
Identification and Evaluation	22	(13)
Educational Agency Obligations	22	(8)
Independent Evaluations	30	(3)
Discrimination	33	(2)
Individualized Education Programs	35	(19)
Generally	35	(7)
Appropriateness of IEP	42	(7)
Participation in IEP Meetings	49	(1)
Procedural Violations	50	(4)
Graduation	54	(3)
Placement
Placement in Special Education Programs	57	(28)
Educational Benefit Generally	57	(6)
Neighborhood Placement	63	(3)
Mainstreaming	66	(1)
Appropriateness	66	(4)
Services and Aids	70	(1)
Private School Placement	71	(4)
Residential School Placement	75	(1)
Appropriateness	75	(5)
Behavioral/Emotional Problems	80	(3)
Cost	83	(2)
Contagious Diseases and Placement	85	(4)
Changes in Placement	89	(12)
Notice and Hearing	89	(2)
Stay Put Provision	91	(10)
Suspension and Expulsion	101	(14)
Generally	103	(2)
Interim Placement	105	(4)
Regular Education Students	109	(6)
IDEA Procedural Safeguards
Due Process Hearings	115	(10)
Generally	115	(6)
Evidence	121	(3)
Removal to State/Federal Court	124	(1)
Exhaustion of Administrative Remedies	125	(12)
Operation of the Exhaustion Doctrine	125	(8)
Exceptions to the Exhaustion Doctrine	133	(4)
Limitation of Actions	137	(8)
Administrative Appeals	137	(5)
Attorneys' Fees	142	(3)
Other Idea Procedures	145	(8)
Private School Tuition
Tuition Reimbursement	153	(15)
Unilateral Placement by Parents	153	(12)
Placement in Unapproved Schools	165	(3)
Religious Schools	168	(5)
Related Services
Related Services Under the Idea	173	(15)
Voluntary Enrolled Private School Students	173	(6)
Sign Language Interpreters	179	(1)
Transition Services	180	(3)
Occupational Therapy and Rehabilitation Services	183	(3)
Other Services	186	(2)
Medical Services	188	(4)
Transportation	192	(5)
School Liability
Governmental Immunity	197	(10)
Federal Suits	197	(4)
IDEA	201	(2)
State Statutory Immunity	203	(4)
Liability for Negligence	207	(14)
Negligent Supervision	207	(1)
Student Injuries	207	(6)
Student on Student Injuries	213	(4)
Injuries to Others	217	(3)
Negligent Placement	220	(1)
Liability for Intentional Conduct	221	(8)
School Employees	222	(2)
Sexual Abuse Reporting	224	(3)
Third Parties	227	(2)
Awards and Damages	229	(30)
Attorney's Fees	229	(1)
Administrative Proceedings	229	(6)
Court Proceedings	235	(4)
Settlement	239	(2)
Other Proceedings	241	(3)
Compensatory Education	244	(1)
Generally	244	(4)
Beyond Age 21	248	(3)
Monetary Damages	251	(8)
Employment
Discipline and Discharge	259	(13)
Misconduct	259	(3)
Incompetence	262	(2)
Speech Rights and Retaliation	264	(1)
Speech Rights	264	(4)
Retaliation	268	(4)
Employment Discrimination	272	(10)
Disability	272	(8)
Title VII and Related State Laws	280	(1)
Sex Discrimination	280	(1)
Race Discrimination and Affirmative Action	281	(1)
Labor Relations	282	(6)
State Law Conflicts	282	(4)
Unfair Labor Practices	286	(2)
Tenure and Due Process	288	(7)
Tenure and Due Process Rights	288	(3)
Seniority and Reductions in Force	291	(1)
Certification Issues	292	(3)
School District Operations
Budget and Finance	295	(15)
State and Local Educational Funding	295	(6)
Federal Funding Issues	301	(3)
Local Funding Disputes	304	(2)
Residency Disputes	306	(4)
Student Records and Privacy	310	(3)
Gifted Students Programs	313	(2)
State Regulatory Authority	315	(6)
School District Authority	315	(3)
Compulsory Attendance and Delinquency	318	(3)
Discrimination
Federal Antidiscrimination Laws	321	(13)
Generally	321	(8)
Reasonable Accommodation	329	(3)
Vocational Programs	332	(2)
Students with Disabilities in School Athletics	334	(5)
Civil Rights Remedies	339	(8)
REFERENCE SECTION
Appendix A The Individuals with Disabilities Education Act Amendments of 1997	347	(114)
Appendix B Federal Regulations Implementing the 1997 IDEA Amendments	461	(148)
Appendix C Table of Special Education Cases Decided by the U.S. Supreme Court	609	(2)
The Judicial System	611	(4)
How to Read a Case Citation	615	(2)
Glossary	617	(6)
Index	623