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Enacted in 1975, the Education for All Handicapped Children Act – now called the Individuals with Disabilities Education Act (IDEA) provides all children with the right to a free and appropriate public education. On the face of it, the IDEA is a shining example of law’s democratizing impulse. But is that really the case? In Disabled Education, Ruth Colker digs deep beneath the IDEA’s surface and reveals that the IDEA contains flaws that were evident at the time of its enactment that limit its effectiveness for poor and minority children. Both an expert in disability law and the mother of a child with a hearing impairment, Colker learned first-hand of the Act’s limitations when she embarked on a legal battle to persuade her son’s school to accommodate his impairment. Colker was able to devote the considerable resources of a middle-class lawyer to her struggle and ultimately won, but she knew that the IDEA would not have benefitted her son without her time-consuming and costly legal intervention. Her experience led her to investigate other cases, which confirmed her suspicions that the IDEA best serves those with the resources to advocate strongly for their children. The IDEA also works only as well as the rest of the system does: struggling schools that serve primarily poor students of color rarely have the funds to provide appropriate special education and related services to their students with disabilities. Through a close examination of the historical evolution of the IDEA, the actual experiences of children who fought for their education in court, and social science literature on the meaning of “learning disability,” Colker reveals the IDEA’s shortcomings, but also suggests ways in which resources might be allocated more evenly along class lines.
Wrightslaw Special Education Legal Developments and Cases 2019 is designed to make it easier for you to stay up-to-date on new cases and developments in special education law.Learn about current and emerging issues in special education law, including:* All decisions in IDEA and Section 504 ADA cases by U.S. Courts of Appeals in 2019* How Courts of Appeals are interpreting the two 2017 decisions by the U.S. Supreme Court* Cases about discrimination in a daycare center, private schools, higher education, discrimination by licensing boards in national testing, damages, higher standards for IEPs and "least restrictive environment"* Tutorial about how to find relevant state and federal cases using your unique search terms
Aimed at parents of and advocates for special needs children, explains how to develop a relationship with a school, monitor a child's progress, understand relevant legislation, and document correspondence and conversations.
Forensic psychiatry (the interface of psychiatry and the law), forensic psychology, and mental health law are growing and evolving subspecialties in their respective larger disciplines. Topics included in these fields include a range as diverse as capital sentencing guidelines, informed consent, and standards of care for mental health treatment. All of these topics need to be understood and mastered by clinicians, educators, administrators and attorneys working with psychiatric patients. This book brings together concise, comprehensive summaries of the most important "landmark" legal decisions relating to mental health practice in the United States. These decisions, along with their underlying reasonings, make up a critical portion of the national certification examination for forensic psychiatry offered by the American Board of Psychiatry and Neurology (ABPN). Many of the themes are also tested in the ABPN certification examination for general psychiatry. This book is the first to provide a combination of summaries of the relevant legal content paired with board-style test questions designed to help consolidate knowledge and prepare for certification. Cases with similar themes are grouped together with an eye toward helping the reader understand the evolution of legal and clinical thinking on a particular topic. This book represents an important addition to the study tools and textbooks available related to psychiatry and the law and will serve as a useful reference for clinicians who must follow established legal requirements in their field.
Clear, well organized presentation of IDEA and other pertinent federal laws, together with well organized discussion of relevant cases, help educators understand and apply their knowledge in concrete situations. The emphasis of this practical book is on increasing understanding at a conceptual level rather than rote memorization of detailed provisions of the IDEA and other laws. By understanding the law, educators will be better equipped to work with future amendments of IDEA and with new laws that may be enacted by Congress. They will also have an increased ability to apply statutory provisions to specific situations. Part I - Constitutional Framework: provides important background in understanding the authority that Congress has to enact laws that impact on education in the United States and the authority that the courts have to interpret laws. Includes discussion of the judicial system, the key provisions of the United States Constitution, due process, equal protection, the statutes of certain regulations, and a brief overview and comparison of the Individuals with Disabilities Education Act (IDEA), the Rehabilitation Act (RA), and the Americans with Disabilities Act (ADA). Part II - IDEA: covers background, basic language and coverage, duty to evaluate, FAPE, IEP, placement, related services, inclusions/least restrictive environment, private school, discipline, mediation, due process, and court proceedings. Sample forms are included to supplement discussion with concrete examples to aid understanding. Part III - RA and ADA: covers RA/ADA basics, such as who is an individual with a disability, what entities are covered, enforcement provisions, and application to schools, universities, and employers. Part IV - Other Legal Issues: covers No Child Left Behind, FERPA, tort liability, and high stakes testing issues. At the end of each part there is a very basic question and answer section to assist the student in focusing on major points in each part.
Although the general public in the United States assumes children to be generally healthy and thriving, a substantial and growing number of children have at least one chronic health condition. Many of these conditions are associated with disabilities and interfere regularly with children's usual activities, such as play or leisure activities, attending school, and engaging in family or community activities. In their most severe forms, such disorders are serious lifelong threats to children's social, emotional well-being and quality of life, and anticipated adult outcomes such as for employment or independent living. However, pinpointing the prevalence of disability among children in the U.S. is difficult, as conceptual frameworks and definitions of disability vary among federal programs that provide services to this population and national surveys, the two primary sources for prevalence data. Opportunities for Improving Programs and Services for Children with Disabilities provides a comprehensive analysis of health outcomes for school-aged children with disabilities. This report reviews and assesses programs, services, and supports available to these children and their families. It also describes overarching program, service, and treatment goals; examines outreach efforts and utilization rates; identifies what outcomes are measured and how they are reported; and describes what is known about the effectiveness of these programs and services.
Understanding the relationship between law, advocacy, and Special Education is crucial for those who educate and advocate on behalf of students with disabilities. Special Education Law and Policy: From Foundation to Application provides a framework for understanding and implementing the law as it applies to students with disabilities and their families. Dr. Rodriguez and Dr. Murawski crafted a textbook that distills complex legal concepts into a digestible format to ensure readers understand their roles as teachers, counselors, administrators, and advocates. Their clear and accessible style of writing is intended for students and practitioners and offers case law and real-world examples to highlight the effective application of both law and policy. With contributions from experienced educators and legal professionals, readers will gather the foundational knowledge they need to support students, families, and schools. This is the text that every administrator, teacher, and advocate will want at their fingertips! Key Features: * Authentic case studies of challenging issues resolved from different perspectives * Chapter objectives and summaries to improve retention * Boxes throughout the text with key terms, concepts, and checks for understanding * Putting it in Practice and Application in Action boxes with real-world examples from case law * For Further Consideration sections at the end of each chapter with discussion questions, case law, and additional resources
In the movement toward standards-based education, an important question stands out: How will this reform affect the 10% of school-aged children who have disabilities and thus qualify for special education? In Educating One and All, an expert committee addresses how to reconcile common learning for all students with individualized education for "one"â€"the unique student. The book makes recommendations to states and communities that have adopted standards-based reform and that seek policies and practices to make reform consistent with the requirements of special education. The committee explores the ideas, implementation issues, and legislative initiatives behind the tradition of special education for people with disabilities. It investigates the policy and practice implications of the current reform movement toward high educational standards for all students. Educating One and All examines the curricula and expected outcomes of standards-based education and the educational experience of students with disabilitiesâ€"and identifies points of alignment between the two areas. The volume documents the diverse population of students with disabilities and their school experiences. Because approaches to assessment and accountability are key to standards-based reforms, the committee analyzes how assessment systems currently address students with disabilities, including testing accommodations. The book addresses legal and resource implications, as well as parental participation in children's education.
Special education in the United State is based on the concept of access—public schools are open to all children. But access is no longer a sufficient foundation. Approaches and accommodations that lead to academic success are increasingly demanded for those with learning disabilities. Functional, independent-living, and employable skills are requisite, but rare, for those with serious handicapping conditions. Since the last reauthorization of the Individuals with Disabilities Act, four events have transpired that will have a dramatic impact on the next iteration of the federal law: the increase in the number of children diagnosed with autism, the rise of applied behavior analysis, the birth of social media, and the reality of unbundling. In How Autism Is Reshaping Special Education: The Unbundling of IDEA, Claypool and McLaughlin explore the effect of these events on a special education process burdened by regulation, where advances in the behavioral sciences and neurosciences blur the lines between education and medicine, and where social media fosters aggressive advocacy for specific disabilities. 2018 International Book Awards: Finalist Education/Academic 2018 Next Generation Indie Book Awards: Finalist Education/Academic (Non-Fiction) 2017 Best Book Awards: Finalist Education/Academic