Legal Aspects of Special Education by Kurt E. Hulett

List Price: $19.96

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.  

 

  • The book opens with a unique in-depth interview with B. Joseph Ballard–one of the foremost influential policy experts in the writing and passage of the original IDEA, signed in 1975 - providing readers rare and distinctive insight into the history of IDEA, the initial intent of getting the law passed, and the original vision of its writers.
  • Features current information on the most important laws affecting educators today, specifically the No Child Left Behind Act and the Individuals with Disabilities Improvement Act of 2004.  Each piece of legislation is address separately including its analysis and the explanation of how Congress has merged the language of both together. The in-depth treatment will provide readers with the most pertinent information on how both laws affect and work in the school system.
  • Unlike any other special education law text, this one gives its readers the history and background of special education law and its relatedness to the Civil Rights Movement.  This unique discussion will equip students to understand the true intent of the law and its place in history.  Readers will not only come away with a full understanding of special education law today but will understand how the law came to be in its beginning stages.  
  • Addresses the new, major trends in the field of special education law–including discussion of Autism and Response-to-Intervention (RTI).  Analysis and recommended “best practices” are provided for readers, as well as some recent case studies for information and study.
  • “Facts at a Glance” at the beginning of every chapter not only serve as a quick reference guide for readers throughout the text, but will help focus students on the most important content in the chapter ahead.
  • "Case Studies" and "Application Questions" featured in almost every chapter provide authentic examples of special education law and represent typical problems faced in schools today.  Relevant and applicable, these special features will help students situate the content, discern how the law is applied in the real world, and learn about the importance of educators’ compliance with the law in everyday practice. 
  • "Critical Thinking Questions" at the end of every chapter enable readers to think deeply beyond the content at hand and to critically analyze important legal issues in relation to special education.

    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

 

 

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