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Law and Special Education 3rd edition [Paperback / softback]

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  • Format: Paperback / softback, 448 pages, height x width x depth: 243x180x23 mm, weight: 724 g
  • Pub. Date: 30-Jun-2011
  • Publisher: Pearson
  • ISBN-10: 0131376098
  • ISBN-13: 9780131376090
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Law and Special Education 3rd editionLarger Image
  • Format: Paperback / softback, 448 pages, height x width x depth: 243x180x23 mm, weight: 724 g
  • Pub. Date: 30-Jun-2011
  • Publisher: Pearson
  • ISBN-10: 0131376098
  • ISBN-13: 9780131376090
Other books in subject:
Permanent link: https://www.kriso.ee/db/9780131376090.html
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In the highly litigated area of Special Education, it is imperative that professionals in the field understand the legal requirements of providing a free appropriate public education to students with disabilities. This indispensable textbook prepares the reader with the essential skills to locate pertinent information in law libraries, on the Internet, and other sources to keep abreast of the constant changes and developments in the field. Now in the third edition, the entire textbook has been thoroughly updated and revised with the latest information on the statutes, regulations, policy guidance, and cases on special education law, as well as the most current information on: the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act and the Elementary and Secondary Education Act, The Family Educational Rights and Privacy Act (FERPA), and the Health Insurance Portability and Accountability Act (HIPAA). Long-recognized as one of the top special education law books in the field, The Law and Special Education, Third Edition, presents the most important and necessary information for educators to understand the history and development of special education laws and the requirements of these laws in the field of special education.

Chapter 1 Introduction to the American Legal System
1(14)
The American Legal System
1(10)
Federalism
1(1)
Sources of Law
2(4)
Sources of Judicial Power
6(1)
Court Structure
7(3)
Precedent
10(1)
Holding and Dicta
11(1)
The Opinion
11(1)
The Law and Special Education
11(4)
Summary
12(1)
For Further Information
13(1)
References
13(2)
Chapter 2 Legal Research
15(30)
Primary Sources
16(17)
Federal Statutes
16(2)
Finding Federal Statutes
18(2)
Federal Regulations
20(2)
State Statutes and Regulations
22(1)
Case Law
23(2)
Finding Cases
25(2)
Finding Cases by Subject
27(6)
Secondary Sources
33(5)
Legal Dictionaries and Encyclopedias
34(1)
Books and Treatises
35(1)
Law Review and Journal Articles
35(1)
Looseleaf Services
36(1)
News and Current Awareness
37(1)
Electronic Legal Research
38(1)
The Internet and Legal Research
39(1)
Internet Research Tools
40(2)
Government Websites
40(1)
Legal Search Engines and Directories
41(1)
Legal Research Guides
41(1)
Information and Advocacy
41(1)
Legal Research Strategies
42(3)
Step 1 Analyze the Problem
42(1)
Step 2 Conduct the Research
42(1)
Step 3 Evaluate the Results
42(1)
Summary
43(1)
For Further Information
43(1)
References
44(1)
Chapter 3 The History of the Law and Children with Disabilities
45(18)
Compulsory Attendance
45(1)
The Exclusion of Students with Disabilities
46(1)
Parental Advocacy
46(3)
The White House Conference of 1910
47(1)
Public School Programming
47(1)
The Organization of Advocacy Groups
47(2)
The Civil Rights Movement and Brown v. Board of Education
49(1)
Parental Advocacy in the Wake of Brown
50(1)
The Equal Opportunity Cases
50(2)
Pennsylvania Association for Retarded Citizens (PARC) v. Pennsylvania, 1972
50(1)
Mills v. Board of Education, 1972
51(1)
Additional Cases
51(1)
Federal Involvement
52(8)
Early Federal Involvement
52(4)
Recent Federal Involvement
56(4)
State Education Statutes
60(1)
The History of Special Education Law: From Access to Accountability
60(3)
Summary
61(1)
For Further Information
61(1)
References
61(2)
Chapter 4 The Individuals with Disabilities Education Act
63(30)
The Development of the IDEA
64(2)
Early Court Rulings and Legislation
64(1)
The Passage of the IDEA
65(1)
The Purpose and Structure of the IDEA
66(14)
Purpose of the IDEA
66(3)
Structure of the IDEA
69(11)
The IDEA and the Reauthorization Process
80(8)
Amendments to the IDEA
80(1)
The IDEA Amendments of 1997
80(3)
The Individuals with Disabilities Education Improvement Act of 2004
83(5)
Funding of the IDEA
88(2)
Monitoring and Enforcing the IDEA
90(3)
Summary
91(1)
For Further Information
91(1)
References
92(1)
Chapter 5 Section 504 of the Rehabilitation Act of 1973
93(34)
The Development of Section 504
94(1)
The Purpose and Structure of Section 504
95(8)
The Purpose of Section 504
95(1)
Who Is Protected?
96(6)
The Structure of Section 504
102(1)
Major Principles of Section 504
103(7)
Protection from Discrimination
103(5)
Free Appropriate Public Education
108(1)
Evaluation and Placement Procedures
109(1)
Procedural Safeguards
110(1)
School District Responsibilities Under Section 504
110(9)
Administrative Responsibilities
110(2)
Educational Obligations
112(7)
Enforcement of Section 504
119(3)
Filing a Grievance
119(1)
Filing a Complaint with the Office of Civil Rights
120(1)
Filing for a Due Process Hearing
121(1)
Filing a Suit in Federal Court
121(1)
Comparison of the IDEA and Section 504
122(5)
Summary
123(1)
For Further Information
124(1)
References
124(3)
Chapter 6 The Americans with Disabilities Act
127(18)
The Development of the ADA
128(1)
The Purpose and Structure of the ADA
129(12)
Purpose of the ADA
129(1)
Who Is Protected?
130(2)
The U.S. Supreme Court and the ADA
132(1)
The ADA Amendments of 2008
133(1)
Structure of the ADA
134(7)
School District Responsibilities
141(4)
ADA Compliance Coordinator
142(1)
Self-Evaluation
142(1)
Transition Plan
142(1)
Prohibition Against Discrimination
143(1)
Summary
143(1)
For Further Information
143(1)
References
144(1)
Chapter 7 The Elementary and Secondary Education Act
145(36)
The Development of the ESEA
146(4)
The History of Federal Involvement in Education: From Assistance to Accountability
146(4)
The Purpose, Goals, and Structure of NCLB
150(6)
The Purpose of No Child Left Behind
150(1)
The Goals of No Child Left Behind
150(1)
The Structure of No Child Left Behind
151(5)
The Major Principles of NCLB
156(19)
Accountability for Results
156(11)
Scientifically Based Instruction
167(3)
Highly Qualified Teachers and Paraprofessionals
170(5)
The Reauthorization of the ESEA
175(6)
College- and Career-Ready Students
176(1)
Teacher and Principal Effectiveness
176(1)
Equity and Opportunity for All Students
176(1)
Raise the Bar and Reward Excellence
177(1)
Promote Innovation and Continuous Improvement
177(1)
Summary
177(1)
For Further Information on ESEA
178(1)
For Further Information on Scientifically Based Research
178(1)
References
179(2)
Chapter 8 Free Appropriate Public Education
181(32)
The FAPE Mandate of the IDEA
182(1)
Components of a FAPE
183(3)
Free Education
183(1)
State Standards
183(1)
Appropriate Education
184(1)
Parent Participation
185(1)
Related Services and FAPE
186(4)
Litigation and Related Services
188(2)
Litigation and FAPE
190(6)
Board of Education of the Hendrick Hudson School District v. Rowley, 1982
190(6)
Methodology and FAPE
196(5)
FAPE and Lovaas Therapy
197(2)
Extended School Year and FAPE
199(2)
Placement and FAPE
201(2)
Determining Placement
201(1)
Placement Factors
202(1)
Graduation and FAPE
203(1)
Is There a New FAPE Standard?
204(2)
School District Responsibilities
206(7)
Summary
208(1)
For Further Information
209(1)
References
209(4)
Chapter 9 Identification, Assessment, and Evaluation
213(22)
Definition of Assessment
214(1)
Prereferral Decisions
214(1)
Entitlement Decisions
214(1)
Programming Decisions
215(1)
Accountability/Outcome Decisions
215(1)
The Assessment/Evaluation Process
215(4)
Procedural Requirements
216(1)
Substantive Requirements
216(3)
Protection in Evaluation Procedures
219(6)
Child Find
219(1)
Parental Consent
220(1)
Prereferral Evaluation
220(1)
Preplacement Evaluation
221(1)
Comprehensiveness of the Evaluation
221(1)
Qualifications of Evaluators
222(1)
Evaluation Materials and Procedures
222(2)
Special Rules for Eligibility Determination
224(1)
Nondiscriminatory Evaluation
224(1)
Interpreting Evaluation Data
225(1)
Medical Diagnosis and Eligibility Determination
226(1)
Reevaluation
226(1)
Independent Educational Evaluations
227(3)
Accountability Efforts and Students with Disabilities
230(5)
Minimum Competency Tests
230(1)
Including Students with Disabilities in Accountability Efforts
231(1)
Summary
232(1)
For Further Information
232(1)
References
233(2)
Chapter 10 The Individualized Education Program
235(34)
Purposes of the IEP
237(1)
Communication
237(1)
Management
237(1)
Accountability
238(1)
Compliance and Monitoring
238(1)
Evaluation
238(1)
The IEP Mandate
238(1)
IEP Development
239(20)
The IEP Planning Process
239(3)
The IEP Team
242(4)
Content of the IEP
246(13)
Substantive Requirements
259(4)
Parental Participation
259(2)
Reviewing and Revising the IEP
261(1)
Communicating the Requirements of the IEP
262(1)
Placement in Private Schools
262(1)
Section 504 and the IEP
262(1)
Litigation on the IEP
263(6)
Summary
264(1)
For Further Information
264(1)
References
265(4)
Chapter 11 Least Restrictive Environment
269(22)
LRE, Mainstreaming, and Inclusion
270(4)
The LRE Mandate
271(1)
Continuum of Alternative Placements
272(2)
Related Factors in Educational Placements
274(2)
Placement in the Neighborhood School
274(1)
Nonacademic Programming
275(1)
The Interests of Peers Without Disabilities
275(1)
Participation in the General Curriculum
275(1)
Judicial Standards of Review
276(7)
The Roncker Portability Test
276(1)
The Daniel Two-Part Test
277(2)
The Rachel H. Four-Factor Test
279(1)
Clyde K. v. Puyallup School District
280(2)
The Hartmann Three-Part Test
282(1)
Summary of Judicial Standard of Review
283(1)
Standards for Determining the LRE
283(4)
Individualization
284(1)
Benefits to the Student
285(1)
Effect on Peers
285(1)
Appropriateness
286(1)
Integration
286(1)
The Use of Supplementary Aids and Services
286(1)
A Model for Determining LRE
287(4)
Summary
288(1)
For Further Information
289(1)
References
289(2)
Chapter 12 Procedural Safeguards
291(40)
Procedural Rights of Parents
292(2)
Identification of Parents
292(1)
Surrogate Parents
293(1)
General Procedural Requirements
294(5)
Notice Requirements
294(1)
Consent Requirements
295(2)
Opportunity to Examine Records
297(1)
Independent Educational Evaluation
298(1)
Dispute Resolution
299(11)
Mediation
299(2)
Resolution Session
301(1)
The Due Process Hearing
301(7)
School District Responsibilities in the Hearing
308(1)
The Burden of Persuasion in an Administrative Hearing
309(1)
Alternatives to the Due Process Hearing
310(2)
State Complaint Procedures
311(1)
Prevention Strategies
311(1)
Remedies
312(19)
Attorney's Fees
313(4)
Injunctive Relief
317(1)
Tuition Reimbursement
317(5)
Compensatory Education
322(1)
Compensatory Awards Under the IDEA
322(1)
Punitive Damages
323(3)
Summary
326(2)
For Further Information
328(1)
References
328(3)
Chapter 13 Disciplining Students with Disabilities
331(36)
Discipline in the Schools
332(1)
Procedural Due Process: The Right to Fair Procedures
333(4)
Developing Schoolwide Discipline Policies
333(1)
Extending Due Process Protection to Students
334(2)
Ensuring That Discipline Practices Are Nondiscriminatory
336(1)
Substantive Due Process: The Right to Reasonableness
337(1)
The IDEA and Discipline
338(13)
Addressing Problem Behavior in the IEP Process
339(3)
Disciplinary Procedures
342(5)
The Manifestation Determination
347(2)
Interim Alternative Educational Settings
349(1)
The Stay-Put Provision
350(1)
Disciplining Students Not Yet Eligible for Special Education
351(1)
Referral to Law Enforcement and Courts
352(1)
Honig Injunctions
352(1)
The Legal Status of Disciplinary Procedures
352(6)
Permitted Procedures
353(1)
Controlled Procedures
353(3)
Prohibited Procedures
356(1)
Weapons
357(1)
School District Responsibilities
358(9)
Formulate and Disseminate Discipline Policies and Procedures
358(1)
Recognize the Dual Disciplinary Standard
359(1)
Document Disciplinary Actions Taken and Evaluate Their Effectiveness
360(3)
Summary
363(1)
For Further Information
364(1)
References
364(3)
Chapter 14 Additional Issues
367(24)
Issue 1 Response to Intervention
367(5)
RTI and the IDEA
369(2)
Implications for School Districts' RTI Systems
371(1)
Summary of Response to Intervention
372(1)
Issue 2 Student Records
372(4)
Family Educational Rights and Privacy Act
373(2)
Summary of Student Records
375(1)
Issue 3 Providing Special Education Services in Private Schools
376(4)
Defining Private Schools
376(1)
Children Enrolled in Private Schools by Their Parents
376(2)
Children Placed in, or Referred to, Private Schools by Public Schools
378(1)
Payment for Educating Children Enrolled in Private Schools Without the Consent of, or Referral by, the Public School
378(1)
Public School Responsibilities Under EDGAR
379(1)
School District Responsibilities to Private School Students
379(1)
Summary of the IDEA and Private Schools
379(1)
Issue 4 Liability for Student Injury
380(5)
Tort Laws
380(1)
Intentional Torts
380(1)
Negligence
381(2)
Teachers' Defenses Against Liability
383(1)
School District Responsibilities Regarding Student Care and Supervision
384(1)
Issue 5 Search and Seizure
385(6)
New Jersey v. T.L.O., 1985
385(1)
Cornfield v. Consolidated High School District No. 230, 1993
386(1)
Thomas v. Carthage School District, 1996
387(1)
Locker Searches
387(1)
Summary
388(1)
For Further Information
389(1)
References
389(2)
Appendices 391(12)
Glossary 403(2)
Index of Cases 405(4)
Author Index 409(4)
Subject Index 413
Mitchell Yell, Ph.D., is a Professor in Special Education and the Fred and Francis Lester Chair in Teacher Education in the College of Education at the University of South Carolina in Columbia.  For the past 17 years, Dr. Yell has conducted extensive research and presented numerous workshops on developing individualized education programs (IEPs), formulating legally correct special education policies, and adopting best practices in educating students with disabilities.  Prior to coming to the University of South Carolina, Dr. Yell was a special education teacher in Minnesota for 16 years.  During this time he taught in elementary, middle, and secondary classrooms and special schools for students with learning disabilities, emotional and behavioral disorders, and autism.  He has published 3 textbooks, 80 journal articles, and 16 book chapters and has conducted numerous workshops on special education law.