Special Education Law

by Rothstein, Laura F.

• ISBN13: 9780801319617
• ISBN10: 0801319617
• Edition: 3rd
• Format: Paperback
• Copyright: 1999-11-16
• Publisher: Pearson

Summary

Special Education Law, 3/E, provides a comprehensive and current overview of the major federal lawsand judicial interpretations of those lawsthat apply to the education of children with disabilities. The text helps students understand what the law requires so that when they become educators, they can develop policies and make decisions that comply with these laws.

Table of Contents

Cases in Order of Appearance	xv
Cases---Alphabetized	xvii
Perface	xix
The Legal System and How It Works	1	(10)
State and Federal Laws	1	(3)
The United States Constitution and State Constitutions	1	(1)
Statutes	2	(1)
Regulations and Guidelines	2	(1)
Case Law	3	(1)
Administrative Decisions and Opinions	3	(1)
The Judicial System	4	(2)
Regulatory Decision Making	6	(1)
Relationship of Constitutional Law, Statutory Law, Regulatory Law, and Case Law in the Development of Special Education Laws	7	(4)
Summary	8	(1)
Questions for Reflection	9	(1)
Notes	9	(2)
History of Special Education Law	11	(18)
Special Education before the 1970s	11	(1)
A Constitutional and Political Framework for Change	11	(3)
Statutory Responses	14	(9)
The Individuals with Disabilities Education Act	14	(8)
State Statutes	22	(1)
Section 504 of the Rehabilitation Act	22	(1)
The Americans with Disabilities Act	23	(1)
Sequential Listing of Major Special Education Law Developments	23	(6)
Summary	26	(1)
Questions for Reflection	26	(1)
Notes	27	(2)
Statutory Provisions: A General Overview	29	(18)
Section 504 of the Rehabilitation Act	29	(6)
Who Is Protected Under Section 504?	30	(1)
What Programs Are Covered?	30	(1)
Enforcement	31	(1)
Remedies	32	(3)
Defenses	35	(1)
The Americans with Disabilities Act	35	(2)
The Individuals with Disabilities Education Act	37	(3)
The Funding Mechanism	37	(1)
The Substance of Special Education	38	(1)
Procedural Safeguards under the IDEA	39	(1)
State Education Statutes	40	(1)
Other Relevant Laws	41	(6)
Student Records Laws	42	(1)
State Health Laws	42	(1)
Tort and Contract Law	42	(1)
Summary	43	(1)
Questions for Reflection	44	(1)
Notes	44	(3)
The People	47	(14)
Students	47	(3)
Categorization	47	(1)
Gaps in Coverage	48	(2)
Parents	50	(2)
Who Are ``Parents''?	50	(1)
The Role of Parents	51	(1)
Educators	52	(3)
Teachers	52	(2)
Administrators	54	(1)
Other Personnel	55	(1)
Related Service Providers	55	(1)
Advocates	56	(5)
Summary	57	(1)
Questions for Reflection	58	(1)
Notes	59	(2)
Who Is Protected?	61	(30)
Constitutionally Based Cases	61	(5)
Classification of Individuals with Disabilities	61	(4)
Heightened Scrutiny for Education	65	(1)
Cases under the IDEA	66	(5)
What Is a Disability	66	(3)
Age Eligibility	69	(2)
Cases under Section 504 and the Americans with Disabilities Act---Broader Coverage	71	(6)
Special Situations	77	(14)
Gifted Students	77	(2)
Children in Private Schools	79	(1)
Incarcerated Juveniles	79	(1)
Children with Learning Disabilities	79	(1)
Emotionally Disturbed and Socially Maladjusted Children	80	(3)
Infants and Toddlers and Preschool Children	83	(1)
``Uneducable'' Children	83	(2)
Summary	85	(2)
Questions for Reflection	87	(1)
Notes	88	(3)
Identification and Evaluation	91	(20)
Types of Assessments	91	(2)
Group Assessment	92	(1)
Individual Assessment	93	(1)
Obtaining Consent to an Evaluation	93	(2)
Payment for Evaluations	95	(3)
Protection against Discrimination	98	(6)
Reevaluation	104	(1)
Minimum Competency Testing and Children with Disabilities	105	(1)
Evaluation Procedures and Limitations	105	(6)
Summary	107	(1)
Questions for Reflection	108	(1)
Notes	108	(3)
Appropriate Education	111	(14)
The Rowley Standard	111	(9)
Extended Services	120	(5)
Summary	123	(1)
Questions for Reflection	123	(1)
Notes	124	(1)
Mainstreaming and Integration	125	(30)
IDEA Foundations	125	(11)
Statute and Regulations	125	(1)
Philosophy behind Least Restrictive Environment	126	(9)
Continuum of Placements	135	(1)
The Classroom	136	(6)
The Importance of Peer Interaction	136	(2)
Age Appropriateness as a Mandate	138	(1)
Location of Classrooms	139	(3)
The Local School	142	(2)
Separate Facilities	144	(5)
Other Issues	149	(6)
Nonacademic Programming	149	(1)
The Interests of Students Who Are Not Disabled	150	(1)
Cost as an Issue	151	(1)
Summary	152	(1)
Questions for Reflection	152	(1)
Notes	153	(2)
Related Services	155	(28)
Transporation	157	(7)
When Must Transportaion Be Provided?	157	(1)
What Is the Extent of Transportation Service?	158	(1)
Parent-Provided Transportation	159	(5)
Disciplinary Problems	164	(1)
Psychological Services and Counseling	164	(5)
Health Services	169	(8)
Other Related Services	177	(6)
Summary	178	(1)
Questions for Reflection	179	(1)
Notes	180	(3)
Residential Placements	183	(12)
Least Restrictive Appropriate Placement	184	(6)
Cost Issues	190	(1)
Lack of Available Placement	191	(4)
Summary	191	(1)
Questions for Reflection	192	(1)
Notes	192	(3)
Placements in Private Schools	195	(10)
Nonparochial Schools	196	(1)
Parochial Schools	197	(5)
The First Amendment and Educational Services	197	(5)
School Choice and Students with Disabilities	202	(3)
Summary	202	(1)
Questions for Reflection	203	(1)
Notes	203	(2)
Special Problems of Secondary Students	205	(12)
Graduation Requirements	206	(6)
Diploma Requirements	206	(4)
Compensatory Relief	210	(1)
School Attendance Requirements	211	(1)
Incarcerated Juveniles	212	(1)
Vocational Education	213	(1)
Transition Services	213	(4)
Summary	214	(1)
Questions for Reflection	215	(1)
Notes	216	(1)
Cost Issues	217	(20)
Free Appropriate Public Education	217	(3)
What Expenses Are Covered under the IDEA?	217	(2)
Budgetary Constraints on Educational Agencies	219	(1)
Which Public Agency Is Responsible?	220	(8)
State versus Local Agency Responsibility	221	(1)
Residency Issues	222	(4)
Obligations of Other Social Service Agencies	226	(2)
Private Obligations	228
Rehabilitation Act and Americans with Disabilities Act	223	(14)
Summary	233	(1)
Questions for Reflection	234	(1)
Notes	235	(2)
Due Process Procedures Under the IDEA	237	(18)
Notice and Consent	237	(2)
The Individualized Educational Program	239	(1)
Impartial Due Process Hearing	240	(3)
Administrative and Judicial Review	243	(1)
Burden of Proof	243	(1)
When Are Due Process Procedures Triggered?	244	(1)
Status of Child Pending Final Decision and Disciplinary Removal	244	(11)
Summary	251	(1)
Questions for Reflection	252	(1)
Notes	253	(2)
Procedures Under Discrimination Laws	255	(12)
Procedures for Violations of Section 504, the Americans with Disabilities Act, and Section 1983	255	(2)
Educational Records	257	(1)
Mootness	258	(3)
Immunity	261	(6)
Summary	262	(2)
Questions for Reflection	264	(1)
Notes	264	(3)
Special Education Misconduct	267	(22)
Injuries and Remedies	268	(1)
Obstacles to Damage Awards	269	(2)
Public Policy	269	(1)
No Duty Exists	269	(1)
Private Actions under the Individuals with Disabilities Education Act	270	(1)
Immunity	271	(1)
Trends in Awarding Damages and Compensatory Education in Misconduct Cases	271	(4)
Supervision and Related Conduct	271	(2)
Infliction of Emotional Distress	273	(1)
Violations of IDEA Requirements	273	(1)
Inappropriate Disciplinary Action	273	(1)
Misconduct in Identification, Evaluation, Placement, and Programming	274	(1)
Trends in Liability	275	(14)
Summary	284	(1)
Questions for Reflection	285	(1)
Notes	286	(3)
Remedies: Damages, Reimbursement, and Compensatory Education	289	(18)
Damages	289	(1)
Reimbursement	290	(10)
Compensatory Education	300	(3)
Other Remedies	303	(4)
Summary	303	(1)
Questions for Reflection	304	(1)
Notes	305	(2)
Attorneys' Fees	307	(10)
Are They Allowed	307	(2)
What Is a Prevailing Party?	309	(1)
Recovery in Administrative Actions	309	(1)
What Expenses Are Recoverable?	309	(4)
Types of Expenses	309	(1)
Expenses after Settlement Offer	310	(3)
Attorneys' Fees under Section 504 and the Americans with Disabilities Act	313	(4)
Summary	314	(1)
Questions for Reflection	314	(1)
Notes	314	(3)
The Status and Future of Special Education Law	317	(4)
Question for Reflection	319	(1)
Notes	319	(2)
Appendix A Education and the American Legal System	321	(6)
Appendix B Frequently Used Acronyms and Terms	327	(4)
Index	331