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Law and Special Education 5th edition [Pehme köide]

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  • Formaat: Paperback / softback, 432 pages, kõrgus x laius x paksus: 100x100x100 mm, kaal: 100 g
  • Ilmumisaeg: 13-Jul-2018
  • Kirjastus: Pearson
  • ISBN-10: 0135175364
  • ISBN-13: 9780135175361
Teised raamatud teemal:
Law and Special Education 5th editionSuurem pilt
  • Formaat: Paperback / softback, 432 pages, kõrgus x laius x paksus: 100x100x100 mm, kaal: 100 g
  • Ilmumisaeg: 13-Jul-2018
  • Kirjastus: Pearson
  • ISBN-10: 0135175364
  • ISBN-13: 9780135175361
Teised raamatud teemal:
Püsilink: https://www.kriso.ee/db/9780135175361.html
Märksõnad:
Help educators understand the historical and current legal issues in special education
The Law and Special Education helps teachers and educational administrators understand their legal obligations relative to providing a free, appropriate public education for students with disabilities. Clear, straightforward, and very accessible, this indispensable resource (1) walks readers through the history and current developments of special education law and (2) gives educators the information and the tools they need to develop legally sound and educationally appropriate special education programs.

The 5th Edition is updated to keep readers informed of the latest developments and refinements in special education law, including:
  • the Supreme Court rulings in the Endrew F. v. Douglas County Schools and Fry v. Napoleon Community Schools cases;
  • new U.S. Department of Education policy letters and cases;
  • updated coverage of the Every Student Succeeds Act of 2015;
  • new coverage of charter schools and students with disabilities;
  • IEP implementation cases; and a new section on standards-based IEP.
Also available packaged with the Enhanced Pearson eText
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Note: You are purchasing a standalone product; the Enhanced Pearson eText does not come packaged with this content. Students, if interested in purchasing this title with the Enhanced Pearson eText, ask your instructor to confirm the correct package ISBN and Course ID. Instructors, contact your Pearson representative for more information.

If you would like to purchase both the physical text and the Enhanced Pearson eText search for:

0135175003 / 9780135175002 The Law and Special Education with Enhanced Pearson eText -- Access Card Package, 5/e

Package consists of:   

  • 0135175364 / 9780135175361 The Law and Special Education, 5/e
  • 013517838X / 9780135178386 The Law and Special Education, Pearson eText -- Access Card, 5/e
About the Author iv
Preface v
Acknowledgments vii
Chapter 1 Introduction to the American Legal System 1(12)
The American Legal System
1(9)
Federalism
1(1)
Sources of Law
2(3)
Sources of Judicial Power
5(2)
Court Structure
7(2)
Precedent
9(1)
Holding and Dicta
10(1)
The Opinion
10(1)
Interpretations of Federal Law
10(1)
The Law and Special Education
11(1)
Summary
11(1)
For Further Information
12(1)
References
12(1)
Chapter 2 Legal Research 13(23)
Primary Sources
14(13)
Federal Statutes
14(2)
Finding Federal Statutes
16(1)
Federal Regulations
17(1)
Finding Federal Regulation
18(1)
State Statutes and Regulations
19(1)
Case Law
20(2)
Finding Cases
22(1)
Finding Cases by Subject
23(1)
Using the Digest System
24(3)
Secondary Sources
27(4)
Legal Dictionaries and Encyclopedias
27(1)
Books and Treatises
28(1)
Law Review and Journal Articles
28(1)
Indexes
29(1)
Looseleaf or Topical Services
29(1)
News and Current Awareness
30(1)
Electronic Legal Research
31(1)
The Internet and Legal Research
31(2)
Internet Research Tools
33(1)
Government Websites
33(1)
Legal Directories and Search Engines
33(1)
Legal Research Guides
33(1)
Information and Advocacy
33(1)
Legal Research Strategies
34(1)
Step 1: Analyze the Problem
34(1)
Step 2: Conduct the Research
34(1)
Step 3: Evaluate the Results
35(1)
Summary
35(1)
For Further Information
35(1)
References
35(1)
Chapter 3 The History of the Law and Children with Disabilities 36(17)
Compulsory Attendance
37(1)
The Exclusion of Students with Disabilities
37(1)
Parental Advocacy
38(2)
The White House Conference of 1910
38(1)
Public School Programming
38(1)
The Organization of Advocacy Groups
39(1)
The Civil Rights Movement and Brown v. Board of Education
40(1)
Parental Advocacy in the Wake of Brown
41(1)
The Equal Opportunity Cases
41(2)
Pennsylvania Association for Retarded Children (PARC) v. Pennsylvania, 1972
41(1)
Mills v. Board of Education, 1972
42(1)
Additional Cases
42(1)
Federal Involvement
43(7)
Early Federal Involvement
43(4)
Recent Federal Involvement
47(3)
State Education Statutes
50(1)
The History of Special Education Law: From Access to Accountability
50(1)
Summary
51(1)
For Further Information
51(1)
References
52(1)
Chapter 4 The Individuals with Disabilities Education Act 53(30)
The Development of the IDEA
54(2)
Early Court Rulings and Legislation
54(1)
The Passage of the IDEA
55(1)
The Purpose and Structure of the IDEA
56(13)
Purpose of the IDEA
56(3)
Structure of the IDEA
59(10)
The IDEA and the Reauthorization Process
69(8)
Amendments to the IDEA
69(1)
The IDEA Amendments of 1997
70(2)
The Individuals with Disabilities Education Improvement Act of 2004
72(5)
Funding of the IDEA
77(1)
Monitoring and Enforcing the IDEA
78(3)
Summary
81(1)
For Further Information
81(1)
References
82(1)
Chapter 5 Section 504 of the Rehabilitation Act of 1973 83(37)
The Development of Section 504
84(1)
The Purpose and Structure of Section 504
85(8)
The Purpose of Section 504
85(1)
Who Is Protected?
86(6)
The Structure of Section 504
92(1)
Major Principles of Section 504
93(8)
Protection from Discrimination
93(5)
Free Appropriate Public Education
98(2)
Evaluation and Placement Procedures
100(1)
Procedural Safeguards
100(1)
School District Responsibilities Under Section 504
101(10)
Administrative Responsibilities
101(1)
Educational Obligations
102(9)
Enforcement of Section 504
111(2)
Filing a Grievance
111(1)
Filing a Complaint with the Office of Civil Rights
111(2)
Filing for a Due Process Hearing
113(1)
Filing a Suit in Federal Court
113(1)
Fry v. Napoleon Community Schools (2017)
113(3)
Remedies Under Section 504
115(1)
Retaliation Claims Under Section 504
115(1)
Comparison of the IDEA and Section 504
116(1)
Summary
117(1)
For Further Information
118(1)
References
118(2)
Chapter 6 The Americans with Disabilities Act 120(16)
The Development of the ADA
121(1)
The Purpose and Structure of the ADA
122(11)
Purpose of the ADA
122(1)
Who Is Protected?
123(1)
The U.S. Supreme Court and the ADA
124(2)
The ADA Amendments of 2008
126(1)
Structure of the ADA
127(6)
School District Responsibilities
133(1)
ADA Compliance Coordinator
133(1)
Self-Evaluation
134(1)
Transition Plan
134(1)
Prohibition Against Discrimination
134(1)
Summary
134(1)
For Further Information
135(1)
References
135(1)
Chapter 7 The Every Student Succeeds Act of 2015 136(22)
The History of Federal Involvement in Education: From Assistance to Accountability and Back Again
137(5)
The Elementary and Secondary Education Act of 1965
137(1)
A Nation at Risk
138(1)
The National Education Summit and America 2000
139(1)
The Improving America's Schools Act of 1994
139(1)
The National Assessment of Educational Progress
139(1)
The No Child Left Behind Act of 2001
140(1)
The American Reinvestment and Recovery Act of 2009
140(1)
Race to the Top
141(1)
The Every Student Succeeds Act of 2015
141(1)
Summary of the Federal Role in Education
142(1)
The Reauthorization of the ESEA in NCLB
142(1)
The Purpose of NCLB
143(1)
The Goals of NCLB
143(1)
The Major Principles of NCLB
143(6)
Statewide Standards
144(1)
Statewide Assessments
144(2)
Accountability
146(1)
Adequate Yearly Progress
146(1)
Sanctions for Failing to Meet AYP
147(1)
Scientifically-Based Instruction
147(1)
Highly Qualified Teachers
148(1)
Reading First
149(1)
Summary of NCLB
149(2)
The Reauthorization of the ESEA in the ESSA
150(1)
The Purpose of the ESSA
150(1)
The Goals of the ESSA
150(1)
The Major Principles of the ESSA
151(4)
Statewide Standards
151(1)
Statewide Assessments
151(2)
Accountability for Results
153(1)
Evidence-Based Interventions
154(1)
Highly Qualified Teacher Requirements
154(1)
Additional Provisions of ESSA
155(1)
Summary of ESSA
155(1)
For Further Information on the ESSA
156(1)
For Further Information on Evidence-Based Practices
156(1)
References
156(2)
Chapter 8 Free Appropriate Public Education 158(37)
The FAPE Mandate of the IDEA
159(1)
Components of a FAPE
159(4)
Free Education
160(1)
Public Education
160(1)
Appropriate Education
161(1)
State Standards
161(1)
Special Education
162(1)
Parent Participation
162(1)
Litigation and FAPE
163(9)
Board of Education of the Hendrick Hudson School District v. Rowley, 1982
164(3)
The Higher Educational Benefit Standard
167(1)
The Lower Educational Benefit Standard
168(1)
Endrew F. v. Douglas County School District, 2017
169(2)
The Endrew Decision on Remand
171(1)
The U.S Department of Education and the Endrew Decision
171(1)
Methodology and FAPE
172(2)
Peer-Reviewed Research and FAPE
174(3)
Related Services and FAPE
177(5)
The U.S. Supreme Court and Related Services
180(2)
Extended School Year and FAPE
182(1)
Placement and FAPE
183(2)
Determining Placement
183(1)
Placement Factors
184(1)
Graduation and FAPE
185(1)
IEP Implementation and FAPE
185(2)
Is There a New FAPE Standard?
187(2)
Lessons from Litigation and Legislation
189(1)
Summary
190(1)
For Further Information
191(1)
References
191(4)
Chapter 9 Identification, Assessment, and Evaluation 195(24)
Definition of Assessment
196(3)
Prereferral Decisions
196(1)
Entitlement Decisions
197(1)
Programming Decisions
198(1)
Accountability/Outcome Decisions
199(1)
The Assessment/Evaluation Process
199(4)
Procedural Requirements
200(1)
Substantive Requirements
201(2)
Protection in Evaluation Procedures
203(6)
Child Find
203(1)
Parental Consent
204(1)
Prereferral Evaluation
204(1)
Preplacement Evaluation
205(1)
Comprehensiveness of the Evaluation
205(1)
Qualifications of Evaluators
206(1)
Evaluation Materials and Procedures
206(1)
Special Rules for Eligibility Determination
207(1)
Nondiscriminatory Evaluation
208(1)
Interpreting Evaluation Data
209(1)
Medical Diagnosis and Eligibility Determination
210(1)
Reevaluation
210(1)
Independent Educational Evaluations
211(2)
Accountability Efforts and Students with Disabilities
213(1)
Including Students with Disabilities in Accountability Efforts
214(1)
Lessons From Litigation and Legislation
214(2)
Summary
216(1)
For Further Information
216(1)
References
216(3)
Chapter 10 The Individualized Education Program 219(37)
Purposes of the IEP
221(2)
Communication and Collaboration
221(1)
Management
221(1)
Accountability
222(1)
Compliance and Monitoring
222(1)
Evaluation
222(1)
The IEP Mandate
223(1)
IEP Development: Procedural Requirements
223(20)
The IEP Planning Process
223(4)
The IEP Team
227(5)
Content of the IEP
232(11)
IEP Development: Substantive Requirements
243(2)
Parental Participation
243(2)
Reviewing and Revising the IEP
245(2)
Communicating the Requirements of the IEP and Implementing the IEP
245(1)
Placement in Private Schools
246(1)
Standards-Based IEPs
247(1)
Section 504 and the IEP
248(1)
Lessons From Litigation and Legislation
248(4)
Summary
252(1)
For Further Information
252(1)
References
252(4)
Chapter 11 Placing Students in the Least Restrictive Environment 256(23)
LRE, Mainstreaming, and Inclusion
258(3)
The LRE Mandate
258(1)
Continuum of Alternative Placements
259(2)
Considerations in Educational Placements
261(2)
Determining a Student's Placement
261(1)
Placement in the Neighborhood School
261(1)
Nonacademic Programming
262(1)
The Interests of Peers Without Disabilities
263(1)
Judicial Standards of Review
263(8)
The Roncker Test (Sixth and Eighth Circuits)
263(2)
The Daniel Test (Second, Third, Fifth, Tenth, and Eleventh Circuits)
265(1)
The Rachel H. Test (Ninth Circuit)
266(3)
The DeVries Test (Fourth Circuit)
269(1)
Summary of Judicial Standards of Review
270(1)
Factors in Determining the LRE
271(4)
Individualization
271(2)
Benefits to the Student
273(1)
Effect on Peers
273(1)
Appropriateness
273(1)
Integration
274(1)
The Use of Supplementary Aids and Services
274(1)
A Model for Determining LRE
275(1)
Lessons from Litigation and Legislation
276(1)
Summary
276(1)
For Further Information
277(1)
References
277(2)
Chapter 12 Procedural Safeguards 279(37)
Procedural Rights of Parents
280(2)
Identification of Parents
280(2)
Surrogate Parents
282(1)
General Procedural Requirements
282(5)
Notice Requirements
283(1)
Consent Requirements
284(1)
Opportunity to Examine Records
285(1)
Independent Educational Evaluation
286(1)
Dispute Resolution
287(11)
State Complaint Procedures
287(1)
Mediation
288(2)
The Due Process System
290(1)
Resolution Session
290(1)
The Due Process Hearing
290(6)
School District Responsibilities in the Hearing
296(1)
The Burden of Persuasion in an Administrative Hearing
296(2)
Alternatives to the Due Process Hearing
298(1)
Remedies
299(13)
Attorney's Fees
299(4)
Injunctive Relief
303(1)
Tuition Reimbursement
304(3)
Compensatory Education
307(1)
Compensatory Awards Under the IDEA
308(1)
Punitive Damages
308(4)
Lessons from Legislation and Litigation
312(1)
Summary
312(1)
For Further Information
313(1)
References
313(3)
Chapter 13 Disciplining Students with Disabilities 316(34)
Discipline in the Schools
317(1)
Procedural Due Process: The Right to Fair Procedures
318(4)
Developing Schoolwide Discipline Policies
318(1)
Extending Due Process Protections to Students
319(2)
Ensuring That Discipline Practices Are Nondiscriminatory
321(1)
Substantive Due Process: The Right to Reasonableness
321(1)
The IDEA and Discipline
322(13)
Addressing Problem Behavior in the IEP Process
324(3)
Disciplinary Procedures
327(5)
The Manifestation Determination
332(2)
Interim Alternative Educational Settings
334(1)
The Stay-Put Provision
335(1)
Disciplining Students Not Yet Eligible for Special Education
335(2)
Referral to Law Enforcement and Courts
336(1)
Honig Injunctions
336(1)
The Legal Status of Disciplinary Procedures
337(6)
Permitted Procedures
337(1)
Controlled Procedures
337(3)
Prohibited Procedures
340(2)
Weapons
342(1)
Lessons from Litigation and Legislation
343(4)
Summary
347(1)
For Further Information
347(1)
References
347(3)
Chapter 14 Additional Issues: Bullying, Charter Schools, Response to Intervention, Educational Records, and Liability for Student Injury 350(33)
Bullying and Harassment of Students with Disabilities
351(6)
Bullying as a Violation of the Civil Rights of Students with Disabilities
352(3)
Bullying as a Violation of a Free Appropriate Public Education
355(2)
Lessons from Litigation and Legislation
357(3)
Summary of Bullying and Harassment of Students with Disabilities
359(1)
Students with Disabilities in Charter Schools
360(4)
IDEA and Charter Schools
361(2)
Section 504 and Charter Schools
363(1)
Lessons from Litigation and Legislation
364(1)
Summary of Students with Disabilities and Charter Schools
365(1)
Response to Intervention
365(4)
RTI and the IDEA: Administrative Guidance and Litigation
366(3)
Lessons from Litigation and Legislation
369(1)
Summary of Response to Intervention
370(1)
Student Records
370(3)
Family Educational Rights and Privacy Act
371(2)
Lessons from Litigation and Legislation
373(1)
Summary of Student Records
373(1)
Liability for Student Injury
374(5)
Tort Laws
374(3)
Monetary Damages in Personal Injury Suits
377(1)
Teachers' Defenses Against Liability
378(1)
Lessons from Litigation and Legislation
379(1)
Summary of Liability for Student Injury
380(1)
For Further Information
380(1)
References
380(3)
Appendices
Appendix A Major Changes of IDEA 2004
383(8)
Appendix B Relevant Sections of the U.S. Constitution
391(2)
Glossary of Key Terms and Acronyms 393(2)
Case Index 395(4)
Author Index 399(3)
Subject Index 402
Mitchell Yell, Ph.D., is the Fred and Francis Palmetto Chair in Teacher Education and Professor in Special Education in the College of Education at the University of South Carolina (USC) in Columbia, South Carolina.  For the past 26 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. His primary goal has been to extrapolate principles from legislation and litigation; communicate them to parents, teachers, and administrators in clear, nonlegalese language; and assist teachers and school districts in the use of legally sound research-based policies and practices.

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 school classrooms and in special schools for students with learning disabilities, emotional and behavioral disorders, and autism.

He has published 112 articles and 30 book chapters, and has conducted numerous workshops on special education law and classroom management. He is the author of four textbooks published by Pearson: The Law and Special Education, Evidence-Based Practices for Educating Students with Emotional and Behavioral Disorders, and No Child Left Behind: A Guide for Professionals, and is the coauthor of A Teachers Guide to Preventing Behavior Problems in the Elementary Classroom with Stephen Smith.