Special Education and the Law: A Guide for Practitioners [3 ed.] 9781483303154, 9781483303147

Table of contents :
Foreword

Richard D. Lavoie

Preface

Acknowledgments

About the Authors



Chapter 1. Special Education Law: An Introduction

Sources of Law

History of the Equal Educational Opportunity Movement

Legislative Mandates

Individuals with Disabilities Education Act

Section 504 of the Rehabilitation Act of 1973

Americans with Disabilities Act

No Child Left Behind Act

State Statutes

Frequently Asked Questions

Recommendations

Endnotes

Chapter 2. Rights to a Free Appropriate Public Education

Free Appropriate Public Education

The Rowley Standard

Indicators of Educational Benefit
Failure to Implement an IEP Fully

Failure to Identify a Placement Location in an IEP

Least Restrictive Environment

Entitlement to Services

Eligibility

Extracurricular Activities

Nontraditional Program Schedules and Extended School Year Programs

Private and Residential School Placements

Child Find

Students in Private Schools

Private School Students Defined

Spending Restrictions

Comparable Services

Delivery of Services

Dispute Resolution

Child Find in Private Schools

Frequently Asked Questions

Recommendations

Endnotes

Chapter 3. Related Services, Assistive Technology, and Transition Services

Related Services

Transportation

Counseling, Psychological, and Social Work Services

Physical, Occupational, and Speech Therapy

Recreation and Enrichment Programs

School Nurse Services

Diagnostic and Evaluative Services

Substance Abuse Prevention and Treatment

Habilitation Services

Cochlear Mapping

Physical Plant Alterations
Parent Training and Counseling

Residential Placements and Lodging

Teacher Training

Assistive Technology

Transition Services

Frequently Asked Questions

Recommendations

Endnotes

Chapter 4. Parent and Student Rights

Parental Rights

Parental Notification

Parental Consent

Effect of Procedural Errors

IEP Conferences

IEP Revisions

Noncustodial Parents

Adult Students

Student Records and Privacy

Records Covered

Access Rights

Amending Records

Destruction of Records

Enforcement

Frequently Asked Questions

Recommendations

Endnotes

Chapter 5. Due Process Procedures for Evaluation, Development of IEPs, and Placement

Evaluation Procedures

Developing Individualized Education Programs

Change in Placement
Then-Current Placement

Placement Pending Appeals

Change in Program Location

Graduation Is a Change in Placement

Adjustments to IEPs

Services Not in IEPs

Programs That Are No Longer Appropriate

Altering the Length of a School Year

Annual Reviews and Reevaluations

Frequently Asked Questions

Recommendations

Endnotes

Chapter 6. Student Discipline

Pre-1997 Case Law

Early Decisions

Supreme Court Decision

Post-Honig Litigation

The 1997 and 2004 IDEA Amendments

Authority of School Personnel

Case-by-Case Determination

Suspensions and Placements in Interim Alternative Educational Settings

Expulsions

Manifestation Doctrine

Appeals

Injunctions to Allow School Boards to Exclude Dangerous Students

Rights of Students Not Yet Identified as Having Disabilities

Effect of the IDEA on the Juvenile Court and Law Enforcement Authorities

Frequently Asked Questions

Recommendations

Endnotes

Chapter 7. Dispute Resolution

Mediation

Resolution Sessions

Due Process Hearings

Subject Matter of Hearings

Impartiality of Hearing Officers

Authority of Hearing Officers

Training of Hearing Officers

Burden of Proof

Exhaustion of Administrative Remedies

Rights of Parties to a Hearing

Judicial Review

Pro Se Parents

Standing

Burden of Proof

Judicial Deference

Admission of Additional Evidence

Mootness

Exchange of Information

Res Judicata

Settlement Agreements

Statutes of Limitations

Beginning and Waiving a Limitations Period

Cases Under Other Statutes

Frequently Asked Questions

Recommendations

Endnotes

Chapter 8. Remedies for Failure to Provide a Free Appropriate Public Education

Tuition Reimbursement

Supreme Court Cases

Reimbursement Ordered Under Burlington, Carter, and Forest Grove

Reimbursement for Related Services

The Hearing Officer May Grant Reimbursement Awards

Compensatory Educational Services

Compensatory Services Granted

Compensatory Services Denied

Attorney Fees and Costs

When Parents Prevail

When Parents Do Not Prevail

Catalyst Theory

Fees for Administrative Hearings

Settlement Offers

Fees to Attorneys From Public Agencies

Fees to Lay Advocates and Pro Se Parents

Costs of Expert Witnesses and Consultants

Fees for Representation in Complaint Resolution Procedures

Fees for Representation at IEP Meetings

Awards to School Boards

Damages

Failure to Provide an Appropriate Education

Section 1983

Torts

Frequently Asked Questions

Recommendations

Endnotes

Chapter 9. Section 504 and the Americans with Disabilities Act

Eligibility for Protections Under Section 504 and the ADA

Discrimination in Education Prohibited

Otherwise Qualified Students With Disabilities

Providing Reasonable Accommodations

Testing and Evaluation

Participation in Athletics and Extracurricular Activities

Section 504 Service Plans

Defenses to Charges of Noncompliance

Frequently Asked Questions

Recommendations

Endnotes

Chapter 10. Conflict Management: IDEA Compliance

Preventative Law

Working With Parents

Dispute Resolution

Mediation

Resolution Conference

Preparing for Hearings

Selecting an Attorney

Conclusion

Endnotes

Resource A. Glossary

Resource B. Department of Special Education Websites, by State

Resource C. Useful Special Education Websites

Resource D. Useful Education Law Websites

Index