For courses in Special
Education Law, Education Law, and a supplement for Educational
Administration courses.
A fresh new approach to
the subject, Legal Aspects of Special Education was written by a
practitioner to help teachers, administrators, and advocates understand
special education law in everyday language without excessive legalese or
extraneous case law. Different in many ways from other special education
law texts, all of the elements of this text are intended to help its
students obtain the most critical information about special education
law and how it is applied in the real world. Some unique features
include: a fascinating opening interview and then epilogue with Joe
Ballard, a pioneer of the IDEA movement; a discussion of
Response-to-Intervention (RTI) and the implication of IDEA 2004 for
school districts; and a discussion of the history of special education
and its link to the Civil Rights Movement. Additionally, the book
provides case studies and application questions, critical thinking
questions, the most current information on the laws including No Child
Left Behind and the Individuals with Disabilities Education Act of 2004,
and a discussion of major trends changing the laws, including that of
autism.
1. The Basics of
Law
Constitutional Law
Statutory
Law
Regulatory
Law
Case
Law
2. History and
Advocacy
The Birth of a
Field
The Civil War
Amendments
The Civil Rights
Movements
Advocacy
Pennsylvania
Association for Retarded Citizens v. Pennsylvania
(1972)
Mills v. Board of
Education of the District of Columbia (1972)
The Pinnacle of
Special Education Advocacy
3. The Individuals with Disabilities
Education Act
Structure of the
IDEA
Evolution of the
Law
Special
Education
The Six Pillars of
IDEA
The
IEP
Free and Appropriate
Public Education (FAPE)
Least Restrictive
Environment (LRE)
Appropriate
Evaluation
Parent and Teacher
Participation
Procedural
Safeguards
Confidentiality of
Information
Transition
Services
Discipline
Enforcement
4. Section 504 of the Rehabilitation Act of
1973
Discrimination Under Section
504
FAPE
LRE
Accommodations
Eligibility for
Services
Evaluation
Placement
Health and Medical
Issues
Enforcement
Funding
Discipline
5. The Americans with Disabilities
Act
Purpose of the Act
Definition of a
Disability
Structure of the
Act
Effective
Dates
Title
I: Employment
Title
II: Public Services
Title
III: Public Accommodations
Title
IV: Telecommunications
Title
V: Miscellaneous Provisions
Evaluation
6. IDEA 2004 Meets No Child Left
Behind
Highly Qualified
Teachers
Accountability
Assessments
7. Free and Appropriate Public
Education
Federal
Requirements
Understanding
FAPE
The Rowley
Decision
Post-Rowley
Decisions
Procedural
Errors
Service Delivery
Models
Autism
Financial
Considerations
School-Based Measures
to Determine if FAPE is Achieved
8. Least Restrictive
Environment
Federal Definition of
LRE
Intent and Purpose of
the LRE Requirement
Terminology
Zero
Reject
Determining the
LRE
Litigation
Roncker v. Walter
(1983)
Daniel R. R. v. State
Board of Education (1989)
Sacramento City
Unified School District v. Rachel H. by Holland
(1994)
Hartmann v. Loudoun
County Board of Education (1998)
LRE and Section 504 of
the Rehabilitation Act of 1973
9. Evaluation and
Assessment
The Evaluation
Process
Issues of the
Traditional Model of Assessment
The Contemporary Model
of Assessment
Response-to-Intervention (RTI)
Monitoring Progress
and Accountability in Education
Eligible
Children
Inter-connection of
the Eligibility Decision Making Process
10. The Individualized Education
Program
Intent of the IEP
Common Issues and
Litigation
The 2004 IDEA
Amendments and the IEP
The
IEP
The Function of the
IEP
the IEP
Team
IEP Development:
Components of the IEP
Component 1: The
Present Level of Performance
Component 2: Annual
Goals
Component 3: Reporting
of Student Progress
Component 4:
Accommodations, Modifications, and Support
Services
Component 5: Least
Restrictive Environment and Related Services
Component 6:
Participation in State and Districtwide
Assessments
Component 7: Frequency
and Duration of Services
Component 8:
Transition Services
Documentation of
Participation, Consent and Prior Notice
Additional Components
of the IEP
Program
Planning
11. Procedural
Safeguards
The Right to Be
Notified
The Right to
Dissent
The Right to be Fully
Informed
The Right to a
Surrogate
The Right to
Non-Adversarial Conflict Resolution
The Right to a
Hearing
Burden of
Proof
The Right to a
Qualified and Impartial Hearing Officer
The Right to
Appeal
The Right to
Reimbursement
Discipline
Baseline
Considerations
The 10-Day
Suspension
The Guarantee of
FAPE
Authority for Change
and Placement
Manifestation
Determination
Appeal: Dissent,
Hearing, Decision
What Did the LEA
Know?
Law
Enforcement
Epilogue Future
Implications