Special Education Law PDF
Preview Special Education Law
2 FOR INFORMATION: SAGE Publications, Inc. 2455 Teller Road Thousand Oaks, California 91320 E-mail: [email protected] SAGE Publications Ltd. 1 Oliver’s Yard 55 City Road London EC1Y 1SP United Kingdom SAGE Publications India Pvt. Ltd. B 1/I 1 Mohan Cooperative Industrial Area Mathura Road, New Delhi 110 044 India SAGE Publications Asia-Pacifc Pte. Ltd. 3 Church Street #10-04 Samsung Hub Singapore 049483 Acquisitions Editor: Reid Hester Editorial Assistant: Sarita Sarak Production Editor: Libby Larson Copy Editor: Erin Livingston Typesetter: C&M Digitals (P) Ltd. Proofreader: Barbara Johnson Indexer: Maria Sosnowski Cover Designer: Glenn Vogel Marketing Manager: Terra Schultz Copyright © 2014 by SAGE Publications, Inc. All rights reserved. No part of this book may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the publisher. Printed in the United States of America 3 Library of Congress Cataloging-in-Publication Data Rothstein, Laura F. Special education law / Laura Rothstein, University of Louisville, Louis D. Brandeis School of Law; Scott F. Johnson, Concord Law School.—5th Edition. pages cm Includes bibliographical references and index. ISBN 978-1-4522-4109-8 (paperback : alk. paper) 1. Special education—Law and legislation—United States. I. Johnson, Scott F. II. Title. KF4210.R68 2013 344.73’0791—dc23 012049004 This book is printed on acid-free paper. 13 14 15 16 17 10 9 8 7 6 5 4 3 2 1 4 Brief Contents Preface Acknowledgments About the Authors Cases in Order of Appearance Cases Alphabetized Chapter 1 The Legal System and How It Works Chapter 2 Students With Disabilities: History of the Law Chapter 3 Statutory Provisions Chapter 4 The People Chapter 5 Who Is Protected Chapter 6 Identification, Evaluation, and Eligibility Chapter 7 Free Appropriate Public Education Chapter 8 Individualized Education Program Chapter 9 Placement and Least Restrictive Environment Chapter 10 Private School Placements, Residential Placements, and Public School Choice Programs Chapter 11 Special Issues With Secondary Students Chapter 12 Procedural Safeguards Chapter 13 Discipline Chapter 14 Americans with Disabilities Act and Section 504 of the Rehabilitation Act Chapter 15 Remedies Chapter 16 Special Education Misconduct Chapter 17 The Status and Future of Special Education Law Appendix A Education and the American Legal System Appendix B Sequential Listing of Major Legal Developments for Students With Disabilities Appendix C Individualized Education Program Glossary 5 Index 6 Detailed Contents Preface Audience Organization Features New to the Fifth Edition Ancillary Material Acknowledgments About the Authors Cases in Order of Appearance Cases Alphabetized Chapter 1 The Legal System and How It Works Learning Outcomes Introduction State and Federal Laws The United States Constitution and State Constitutions Statutes Regulations and Guidelines Case Law Administrative Decisions and Opinions The Judicial System Regulatory Decision Making Relationship of Constitutional Law, Statutory Law, Regulatory Law, and Case Law in the Development of Special Education Laws Summary Questions for Reflection Key Terms Web Resources Notes Chapter 2 Students With Disabilities: History of the Law Learning Outcomes Special Education Before the 1970s A Constitutional and Political Framework for Change Statutory Responses The Individuals with Disabilities Education Act State Statutes 7 Section 504 of the Rehabilitation Act The Americans with Disabilities Act Summary Questions for Reflection Key Terms Web Resources Notes Chapter 3 Statutory Provisions Learning Outcomes Section 504 of the Rehabilitation Act Who Is Protected Under Section 504? What Programs Are Covered? The Americans with Disabilities Act Section 504 and the Americans with Disabilities Act and Application to Special Education Settings Who Is Covered? Otherwise Qualified Reasonable Accommodation Architectural Barrier Issues The Individuals with Disabilities Education Act The Funding Mechanism The Substance of Special Education Procedural Safeguards Under the IDEA No Child Left Behind Student Education Statutes Student Education Records Laws What Constitutes an Education Record? Access and Accuracy Remedying FERPA Violations Notice Requirements Educational Records in IDEA Procedures Other Relevant Laws Student Health Record Laws Tort and Contract Law Summary Questions for Reflection Key Terms Web Resources Notes 8 Chapter 4 The People Learning Outcomes Students Categorization Gaps in Coverage Parents Who Are Parents? The Role of Parents Educators Teachers Administrators Other Personnel Related Service Providers Advocates Decision Makers Summary Questions for Reflection Key Terms Web Resources Notes Chapter 5 Who Is Protected Learning Outcomes Constitutionally Based Cases Classification of Individuals With Disabilities Heightened Scrutiny for Education Cases Under the IDEA What Is a Disability? Age Eligibility Section 504 and the Americans with Disabilities Act and Application to Special Education Settings Who Is Covered Otherwise Qualified Reasonable Accommodation Architectural Barrier Issues Special Situations Gifted Students Students in Private Schools Incarcerated Juveniles Students With Learning Disabilities and Related Disabilities 9 Students Who Are Emotionally Disturbed or Socially Maladjusted Infants and Toddlers and Preschool Children “Uneducable” Children Summary Questions for Reflection Key Terms Web Resources Notes Chapter 6 Identification, Evaluation, and Eligibility Learning Outcomes Identification—The Beginning of the Special Education Process Group Screenings and Assessments Team Meeting Obtaining Consent to an Evaluation Evaluation Procedures and Limitations Protection Against Discrimination Payment for Evaluations Independent Evaluations Reevaluation Eligibility General Requirements and Evolving Standards Specific Learning Disabilities and Response to Intervention (RTI) General Requirements for Identifying Learning Disabilities Response to Intervention (RTI) Eligibility Determination Summary Questions for Reflection Key Terms Web Resources Notes Chapter 7 Free Appropriate Public Education Learning Outcomes The Rowley Standard Extended School Year (ESY) Services Cost Issues What Expenses Are Covered Under the IDEA? Budgetary Constraints on Educational Agencies Which Public Agency Is Responsible? State Versus Local Agency Responsibility 10
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