Special Education: A Summary of Legal Requirements, Terms, and Trends

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Author: Richard Daugherty

ISBN-10: 0897897269

ISBN-13: 9780897897266

Category: Special Education - Disability Law

Functioning both as an introduction for people with no special education expertise and as a reference by special educators, advocates, and attorneys, the text makes clear all the related laws, which share some of the same language and have been a constant source of confusion to students and education scholars alike.\ The work proceeds smoothly from definitions to examples to case studies, enabling the reader to quickly gain an understanding of special education law and practice. Legal...

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Presents an overview of special education law and its impact on students with disabilities and their caregivers. Booknews Reviews the origins of the special education movements and describes early landmark cases, then explains the Individuals with Disabilities Education Act (IDEA), Section 504, ADA, and Title I. Discusses basic requirements and landmark case studies surrounding IDEA, and examines the full inclusion movement, and private school and residential placements. Examines requirements and strategies for due process hearings, discusses attorney fees and immunity, and looks at issues regarding children with communicable diseases and attention deficit disorders. Includes a glossary. The author teaches educational leadership at the University of Nevada. Annotation c. Book News, Inc., Portland, OR (booknews.com)

Author's NotexiIntroductionxiii1Special Education: Origins1The Modern Special Education Movement1Early Landmark Cases2The Mills Decision: The Case That Changed History3Catalyst for Congressional Action5A National Special Education Law62Understanding IDEA, Section 504, ADA, and Title I9Understanding the Major Differences in Eligibility9Eligibility Under IDEA10Eligibility Under Section 504 of the Vocational Rehabilitation Act13Eligibility Under the Americans with Disabilities Act15Title II of the Americans with Disabilities Act27Eligibility Under Title I of the Elementary and Secondary Education Act of 1965293IDEA: Basic Requirements and Landmark Case Studies31Free and Appropriate Public Education31Level of Required Services: A Summary of Rowley and Post-Rowley Decisions32Related Services39Individualized Education Program45Mainstreaming and Least Restrictive Environment48Continuum of Services56Supplementary Aids and Services57The "Stay-Put" Provision57Disciplining Special Education Students654The "Full Inclusion" Movement69Recent Decisions70Student Access to and Progress in the General Education Curriculum765Private School and Residential Placements77Private School Placements77Private Residential Placements896Due Process Hearings: Requirements and Strategies91The Prehearing Conference91Request for Due Process Hearing93Mediation93The Hearing94Rights of Participants95Hearing Format96Compelling Witnesses98Appealing the Decision of a Hearing Officer98Attorney Fees98Additional Parental Rights98Summary of Parental Participation Rights99Qualifications of Hearing Officers1007Legal Strategies, Attorney Fees, and Immunity103Attorney Fee Awards103Section 1983 Tort Actions1078Section 504 Issues: Children with Communicable Diseases and Attention Deficit Disorders111Communicable Diseases and Section 504111Section 504 and Employment112Attention Deficit Disorder (ADD) and Attention Deficit Hyperactivity Disorder (ADHD)113IDEA "Other Health Impairment" Category Includes ADD/ADHD117A Summary of Frequent Hot Spots for School Districts1179Student Records: Federal Law and Guidelines119Family Educational Rights and Privacy Act: FERPA119The Hatch Amendment125AppendicesAUnderstanding Law Reporter Citations127Title and Name of Cases127United States Court System127State Court Decisions and West's National Reporter (or Digest) System128BKey Constitutional Amendments and Civil Rights Statutes131Frequently Cited Constitutional Amendments131Major Federal Civil Rights Statutes132CJudicial and Legislative Influences on Education135DDue Process Hearings Under IDEA: 1999 Federal Register137EIDEA, Part 300 and Section 504, Subpart D Comparison143Glossary of Special Education Legal Terms and Acronyms153Cases Cited157References161Index163

\ BooknewsReviews the origins of the special education movements and describes early landmark cases, then explains the Individuals with Disabilities Education Act (IDEA), Section 504, ADA, and Title I. Discusses basic requirements and landmark case studies surrounding IDEA, and examines the full inclusion movement, and private school and residential placements. Examines requirements and strategies for due process hearings, discusses attorney fees and immunity, and looks at issues regarding children with communicable diseases and attention deficit disorders. Includes a glossary. The author teaches educational leadership at the University of Nevada. Annotation c. Book News, Inc., Portland, OR (booknews.com)\ \