The legal aspects of special education

Abstract

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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