Table Of Contents
Foreword by Jane E. West, PhD
Preface
Contributors
Reviewers
Chapter 1. How the U.S. Legal System Operates
Amy W. Casey and Wendy W. Murawski
Chapter Objectives
An Introduction to the Law
Defining Key Roles
Lawyers
Educational Advocates
Guardian Ad Litem
Administrative Law Judges and Hearing Officers
School Personnel
Defining Legal Terminology
Common Legal Terms and Concepts
Common Special Education Terms and Concepts
Sources of Law
Constitutional Law
Statutory Law
Case Law
Regulatory Bodies
U.S. Department of Education (USDOE)
Office for Civil Rights (OCR)
Areas of Law
Criminal Law
Civil Law
Navigating the Judicial System
Determining One’s Standing
Interpreting the Law
When Federal and State Laws Conflict
When Judges Disagree
When Appeals Are Necessary
When the “Spirit of the Law” Is Argued
When Due Process Is Invoked
When Holdings or Rulings Are Made
Chapter 1 Summary
For Further Consideration
Questions to Ponder
Cases to Consider
Resources to Review
References
Chapter 2. Historical Foundations of Special Education Law: A Civil Rights Movement
Edwin Martin and Jacqueline A. Rodriguez
Chapter Objectives
Introduction
Early Treatment of People with Disabilities
Institutions for the Mentally Ill
The Undesirables Act
Eugenics and Sterilization Movements
Early Schools for the Deaf and Blind
Historical Context for the Federal Role in the Education
Elizabeth Farrell and the Henry Street School
Compulsory Education
Segregated Education: Separate but Equal
Opening the Door to a Federal Investment in Public Education
Barriers to Federal Educational Aid for Elementary and Secondary Schools
A Basis for Federal Aid to Students with Disabilities
Galvanizing the Special Education Movement as a Civil Rights Movement
The Rolling Quads
The Carey Hearings
Joint Commission on Mental Health of Children
Court Decisions Establishing Equal Treatment for Students with Disabilities
The Legislative Path Toward Educating Students with Disabilities
The Vocational Rehabilitation Act of 1973
The Call to Educate Every Student with a Disability by 1980
The Movement Toward a National Goal Within the Legislative Branch
Regulating P.L. 94-142, the Education for All Handicapped Children Act of 1975
Challenges to Enforcing P.L. 94-142
Chapter 2 Summary
For Further Consideration
Questions to Ponder
Cases to Consider
Resources to Review
References
Chapter 3. Tenets of the Individuals with Disabilities Education Act (IDEA)
Christine A. Hayashi
Chapter Objectives
Introduction
Foundations of the Guiding Principles of the IDEA
Early Caselaw and Legislation
The Rehabilitation Act of 1973
The Education for All Handicapped Children Act, P.L. 94-142
Early Intervention
The IDEA and the ADA
Guiding Principles of the Statute Today: IDEA 2004
Definition of Terms
Basic Tenets of the IDEA
Chapter 3 Summary
For Further Consideration
Questions to Ponder
Cases to Consider
Resources to Review
References
Chapter 4. Tenets of Section 504 of the Rehabilitation Act of 1973
David F. Bateman, Anne Papalia, and Jacquelyn Chovanes
Chapter Objectives
Introduction
Foundations of Section 504
Purpose and Development of Section 504
Who Is Protected Under Section 504? Definition of a Person with a Disability
Major Principles of Section 504
Section 504 in Educational Institutions
How Section 504 Compares to IDEA in Schools
School District Responsibilities Under Section 504
Examples of Section 504 Violations in Schools
Grievance Procedures Regarding Identification, Evaluation, or Educational Placement
Discrimination Complaints
Section 504 Enforcement
Section 504 Hearings
Office for Civil Rights’ Responsibilities
Section 504 Sanctions
Chapter 4 Summary
For Further Consideration
Questions to Ponder
Cases to Consider
Resources to Review
References
Chapter 5. Tenets of the Americans with Disabilities Act
Paula E. Chan
Chapter Objectives
Introduction
The Americans with Disabilities Act
Title I: Employment
Title II and III: Access for Public Entities and Private Schools
The ADA Amendment Act
Regulatory Bodies
The Equal Employment Opportunities Commission
U.S. Department of Education
U.S. Department of Justice
Interpreting the Law
Olmstead v. L.C. (1999)
Fry v. Napoleon Community Schools (2017)
Potential Implications for PK–12 Schools
Transition Planning
Navigating the Judicial System
Filing a Complaint with the Equal Employment Opportunities Commission
Filing a Complaint with the Office for Civil Rights
Chapter 5 Summary
For Further Consideration
Questions to Ponder
Cases to Consider
Resources to Review
References
Chapter 6. Every Student Succeeds Act as It Applies to Special Education
Sarah A. Nagro, Andrew M. Markelz, and Richelle E. Davis
Chapter Objectives
Introduction
Elementary and Secondary Education Act of 1965 (ESEA)
ESEA in Context
Major Provisions of ESEA
Impact of ESEA on Students with Disabilities
ESEA Summary
Improving America’s Schools Act of 1994 (IASA)
IASA in Context
Major Provisions of IASA
Impact of IASA on Students with Disabilities
IASA Summary
No Child Left Behind Act of 2001 (NCLB)
NCLB in Context
Major Provisions of NCLB
Impact of NCLB on Students with Disabilities
Every Student Succeeds Act of 2015 (ESSA)
ESSA in Context
Major Provisions of the ESSA
Impact of ESSA on Students with Disabilities
ESSA Summary
Chapter 6 Summary
For Further Consideration
Questions to Ponder
Cases to Consider
Resources to Review
References
Chapter 7. Who Are Students with Disabilities? Identification, Nondiscriminatory Evaluation, and Eligibility
Sarah Hurwitz, Nicole Rodriguez, and Abigail Dixon
Chapter Objectives
Who Are Students with Disabilities?
Child Find
The Identification and Evaluation Process
Request for Initial Evaluation
Obtain Parental Consent
Conduct the Evaluation
Comprehensive Written Evaluation
Determine Eligibility
Write the IEP
Obtain Parental Consent for Special Education
Reevaluation
Response to Intervention
Tier 1: High-Quality Classroom Instruction, Screening, and Group Interventions
Tier 2: Targeted Interventions
Tier 3: Intensive Interventions
Nondiscriminatory Evaluation
Test Bias
Clinical Application
Disproportionality: Over- and Underrepresentation in Special Education
Causes of Disproportionality
Federal Guidance on Disproportionality
When School Districts Are Out of Compliance
Culturally Responsive IEPs
Interpreting the Law
Hobson v. Hansen (1967)
Diana v. State Board of Education
Larry P. v. Riles (1972)
Parents in Action on Special Education (PASE) v. Hannon (1980) and Crawford v. Honig (1994)
Chapter 7 Summary
For Further Consideration
Questions to Ponder
Cases to Consider
Resources to Review
Eligibility Case Study
References
Chapter 8. Developing an Individualized Education Program
Brenda L. Barrio, Brittany L. Hott, and Kathleen M. Randolph
Chapter Objectives
Introduction
Individualized Education Program
IEP Team Members
Present Level of Academic Achievement and Functional Performance
Goals and Objectives
Accommodations and Modifications
Specially Designed Instruction (SDI)
Least Restrictive Environment (LRE)
Extended School Year Services
Transition
IEP Consent and Parent Involvement
Individualized Family Service Plan
IFSP Team
IFSP Present Levels of Development
Family Statement
IFSP Goals, Objectives, and Benchmarks
Resources
Early Intervention Services
Transition
Differences Between IFSP and IEPs
Culturally Responsive Practices That Guide the IEP and IFSP
Culturally Responsive Framework
Strength-Based Perspective
Diverse Student and Family Partnerships
Self-Reflection
Chapter 8 Summary
For Further Consideration
Questions to Ponder
Cases to Consider
Resources to Review
IEP Case Study
References
Chapter 9. Who’s at the Table? Role, Responsibilities, Expertise, and Authority
Patricia Ann Popp, Sabrina J. Gross, and Laura Hackett
Chapter Objectives
Introduction
Parents and Guardians
What Is a Parent or Guardian?
Parental Rights Under IDEA
Parental Notice Requirements
The Role of Parents in the Special Education Process
Determining Residency
Training for Parents
Families with Unique Needs
Non-English-Speaking Families
Families Experiencing Homelessness
Families with Students in Foster Care
Military-Connected Families
Special Challenges for Students with Disabilities Who Are Highly Mobile
LGBTQ+ Families
Concluding Thoughts
Including Students in the Special Education Process
The Power of Self-Efficacy
The Importance of Student Voice
Teachers
Related Service Providers
Prereferral
Special Education Evaluation
IEP Development and Implementation
Attorneys and Advocates
Chapter 9 Summary
For Further Consideration
Questions to Ponder
Cases to Consider
Resources to Review
Who’s at the Table Case Study
References
Chapter 10. Redefining a Free Appropriate Public Education
Mitchell L. Yell and Antonis Katsiyannis
Chapter Objectives
Introduction
The Provision of FAPE in Federal Law
Regulations Guiding FAPE
Supreme Court Cases Interpreting FAPE
Board of Education of the Hendrick Hudson Central School District v. Rowley (1982)
A Split in the Circuit Courts Over FAPE
Endrew F. v. Douglas County School District (2017)
Providing a Free Appropriate Public Education for Students in Special Education
Procedural Requirements
Substantive Requirements
Implementation Requirements
Chapter 10 Summary
For Further Consideration
Questions to Ponder
Cases to Consider
Resources to Review
FAPE Case Study
References
Chapter 11. Identifying the Least Restrictive Environment
Cassandra B. Willis, Lauren P. Bruno, LaRon A. Scott, and David F. Bateman
Chapter Objectives
Introduction
The Least Restrictive Environment
Components of the Least Restrictive Environment
Continuum of Alternative Placements
The Least Restrictive Environment in Practice
Legal Guidance on Making Educational Placement Decisions
IDEA Requirements
Case Law
Roncker v. Walter (1983)
Daniel R.R. v. State Board of Education (1989)
Sacramento City School District v. Rachel H. (1994)
Additional Case Law
Chapter 11 Summary
For Further Consideration
Questions to Ponder
Cases to Consider
Resources to Review
LRE Case Study
References
Chapter 12. IDEA Discipline Mandates and Outcomes
Ashley L. White, David Hoppey, and David H. Allsopp
Chapter Objectives
Introduction
Addressing Discipline for Students with Disabilities Within IDEA
Functional Behavior Assessment
Behavior Intervention Plans
Stay-Put
The Protections Provided by a Manifestation Determination Review
Providing Immediate Corrective Action for Students with Disabilities
Restraint and Seclusion
Disparate Discipline Outcomes for Students with Disabilities
Disparate Academic Outcomes Based on Disciplinary Action
Chapter 12 Summary
For Further Consideration
Questions to Ponder
Cases to Consider
Resources to Review
Discipline Case Study
References
Chapter 13. Addressing Discipline Policies and Practices for Students with Disabilities
Ashley L. White, David Hoppey, and David H. Allsopp
Chapter Objectives
Introduction
Zero-Tolerance and Students with Disabilities
Zero-Tolerance: Impetus and Use
Impact on Students with Disabilities
Suspensions and Expulsions Feed the Preschool to Prison Pipeline
Promising Practices for Changing Discipline Disparities for Students with Disabilities
High-Leverage Practices (HLPs) in Special Education
Culturally Responsive Positive Behavior Intervention and Supports
Restorative Justice
Equity Audits
Trauma-Informed Educational Practices
Chapter 13 Summary
For Further Consideration
Questions to Ponder
Cases to Consider
Resources to Review
Discipline Case Study
References
Chapter 14. Postsecondary Outcomes: Transitioning the Student with Disabilities
Heartley B. Huber, Carly B. Gilson, and Heather M. Dulas
Chapter Objectives
Introduction
Unpacking IDEA Requirements for Transition
Yankton v. Schramm: A Case to Clarify Eligibility for Transition Services
Best Practice for Effective Transition Planning and Assessment
Person-Centered Planning: A Framework to Guide Transition Planning
Guidance for Effective and Comprehensive Transition Assessment
Transition Planning and Evaluation
Instructional Focus for Transition
Policy to Support Postsecondary Education and Employment
Improving Access to Postsecondary Career Training and Employment
Individuals with Disabilities Accessing Higher Education
Chapter 14 Summary
For Further Consideration
Questions to Ponder
Cases to Consider
Resources to Review
Transition Case Study
References
Chapter 15. Procedural Safeguards and Remedies for Students with Disabilities and Their Families
Margaret A. Dalton
Chapter Objectives
Introduction
Parent and Student Procedural Rights
Procedural Safeguards Notice to Parents
Right to Examine Records
Right to Participate in Meetings
Importance of Collaborative IEP Meeting Participation
Obtaining an IEE
Written Prior Notice
Impartial Due Process Hearing
The Due Process Hearing Complaint
The Hearing Process
Mediation
Resolution Session
Remedies Available Under IDEA
Remedies for Parents
Remedies for School Districts
Changes in Hearing Procedures
Statute of Limitations
Civil Actions
Chapter 15 Summary
For Further Consideration
Questions to Ponder
Cases to Consider
Resources to Review
Procedural Safeguards Case Study
References
Chapter 16. Current Trends and Legal Issues in Special Education
Jacqueline A. Rodriguez and Wendy M. Murawski
Chapter Objectives
Introduction
Universal Design for Learning Framework
Multitiered Systems of Support (MTSS)
Social-Emotional Learning Curriculum and Supports
Bullying and Harassment
Charter Schools
Charter School Faculty
Responsibility of Charter Schools Serving Students with IEPs
Charter School Students with IEPs
Monitoring Charter Schools Services for Students with Disabilities
Student Privacy and FERPA
Parental Consent to Disclosure
The Intersection of FERPA and IDEA
Displaced Students with Disabilities Due to a National Health Crisis
Congressional Intervention: CARES Act
Guidance for Schools Supporting Students with Disabilities During COVID-19
Online Learning for Students with Disabilities
Immigrants, Refugees, and Migrant Students with Educational Needs
Chapter 16 Summary
For Further Consideration
Questions to Ponder
Cases to Consider
Resources to Review
Trends Case Study
References
Glossary of Acronyms and Terms
Index
Reviews
There are no reviews yet.