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Essential Concepts and School-Based Cases in Special Education Law
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Essential Concepts and School-Based Cases in Special Education Law



© 2008 | 368 pages | Corwin

"A must-read, must-purchase, must-save reference. Provides relevant cases that can be used as a professional development resource for teachers and the leadership team, presents a clear explanation of laws for graduate courses, and offers an educational chronology for educators."
—Marian White Hood, Principal
Ernest Everett Just Middle School, Mitchellville, MD

"This book is a valuable resource for principals, directors of special education, superintendents, members of boards of directors, professors, and aspiring educators."
—Peter Hilts, Principal
The Classical Academy, Colorado Springs, CO

A concise, case-based desk reference about issues that affect special education!

The ideal resource for practicing or aspiring school leaders, this comprehensive book by special education law experts explores the most difficult and contentious areas of the Individuals with Disabilities Education Improvement Act and its accompanying regulations. The authors synthesize concepts from leading special education cases and provide excerpts from selected legal decisions to help educators understand and more easily navigate the most pressing issues in special education law. Readers will find assistance in examining:

  • Entitlement to special education services
  • Procedural due process
  • Free Appropriate Public Education (FAPE)
  • Related services, assistive technology, and transition services
  • Disciplinary sanctions for students with disabilities
  • Dispute resolution
  • Anti-discrimination laws

This text serves as a current and concise desk reference for educators, increasing their awareness of the legal requirements related to special education and strengthening their ability to work effectively with families and students.

 
Preface
 
Acknowledgments
 
About the Authors
 
1. Introduction: The Law of Special Education
Sources of Law  
The Development of Special Education Laws  
Legislative Initiatives  
Case No. 1: Pennsylvania Association for Retarded Children v. Commonwealth of Pennsylvania  
Case No. 2: Mills v. Board of Education of the District of Columbia  
References  
 
2. Entitlement to Special Education and Related Services
Entitlement to Services  
Students in Religious and Other Private Schools  
Homeschooled Students  
Case No. 3: Timothy W. v. Rochester, New Hampshire, School District  
Case No. 4: Zobrest v. Catalina Foothills School District  
References  
 
3. Procedural Due Process
Student Records  
Evaluation  
Development of Individualized Education Programs  
Parental Rights  
Change in Placement  
Case No. 5: Blackmon v. Springfield R-XII School District  
Case No. 6: Stock v. Massachusetts Hospital School  
References  
 
4. Free Appropriate Public Education
Definition of Appropriate  
Least Restrictive Environment  
Placement in Private Facilities  
Extended School Year Programs  
Case No. 7: Board of Education of the Hendrick Hudson Central School District v. Rowley  
Case No. 8: Sacramento City Unified School District, Board of Education v. Rachel H.  
References  
 
5. Related Services, Assistive Technology, and Transition Services
Required Related Services  
Assistive Technology  
Transition Services  
Case No. 9: Cedar Rapids Community School District v. Garret F.  
Case No. 10: Fick ex rel. Fick v. Sioux Falls School District  
References  
 
6. Student Discipline
Judicial History  
The 1997 and 2004 IDEA Amendments  
Case No. 11: Honig v. Doe  
Case No. 12: AW ex rel. Wilson v. Fairfax County School Board  
References  
 
7. Dispute Resolution
Mediation  
Resolution Sessions  
Due Process Hearings  
Judicial Review  
Statutes of Limitations  
Cases Under Other Statutes  
Case No. 13: Schaffer ex rel. Schaffer v. Weast  
Case No. 14: Winkelman ex rel. Winkelman v. Parma City School District  
References  
 
8. Remedies for Failure to Provide a Free Appropriate Public Education
Tuition Reimbursement  
Compensatory Educational Services  
Attorney Fees and Costs  
Damages  
Case No. 15: Florence County School District Four v. Carter  
Case No. 16: Arlington Central School District Board of Education v. Murphy  
References  
 
9. Emerging Issues
Child Find  
State Testing Programs  
State Responsibility to Ensure Compliance  
Responsibility of Insurance Carriers  
Disbursement of Federal Funds  
Policy Letters  
Programs for Infants and Toddlers  
Report Cards and Transcripts  
Case No. 17: Rene v. Reed  
Case No. 18: Gadsby v. Grasmick  
References  
 
10. Antidiscrimination Statutes
Eligibility  
Discrimination Prohibited  
Otherwise Qualified Students With Disabilities  
Reasonable Accommodations  
Defenses  
Case No. 19: Southeastern Community College v. Davis  
Case No. 20: School Board of Nassau County, Florida v. Arline  
References  
 
Glossary
 
Index

"A must-read, must-purchase, must-save reference. This text provides relevant cases that can be used as part of professional development for teachers and the leadership team, presents a clear explanation of laws for graduate courses, and offers an educational chronology for educators."

Marian White Hood, Principal
Ernest Everett Just Middle School, Mitchellville, MD

"This is a reference book I would want on my bookshelf when considering action in a special education situation."

Laurie Emery, Principal
Old Vail Middle School, Vail, AZ

"I’m very impressed with this book as a potential resource for principals, directors of special education, superintendents, members of boards of directors, professors, and aspiring educators. It would be extremely useful for checking the original language of a controlling case on a wide variety of topics."

Peter Hilts, Principal
The Classical Academy, Colorado Springs, CO

"Gathers concepts from leading special education cases and provides excerpts from selected legal decisions to help educators understand special challenges in special education law. The result is an important desk reference needed by any school teaching special education."

The Bookwatch, June 2008
Midwest Book Review

Sample Materials & Chapters

Preface

Chapter 1 excerpt


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