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Legal Aspects of Special Education
Kurt E. Hulett, The University of Richmond, George Washington University

ISBN-10: 0131173464
ISBN-13: 9780131173460

Publisher: Merrill
Copyright: 2009
Format: Paper; 240 pp
Published: 03/27/2008

Suggested retail price: $31.33
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For courses in Special Education Law, Education Law, and a supplement for Educational Administration courses.

A fresh new approach to the subject, Legal Aspects of Special Education was written by a practitioner to help teachers, administrators, and advocates understand special education law in everyday language without excessive legalese or extraneous case law. Different in many ways from other special education law texts, all of the elements of this text are intended to help its students obtain the most critical information about special education law and how it is applied in the real world. Some unique features include: a fascinating opening interview and then epilogue with Joe Ballard, a pioneer of the IDEA movement; a discussion of Response-to-Intervention (RTI) and the implication of IDEA 2004 for school districts; and a discussion of the history of special education and its link to the Civil Rights Movement. Additionally, the book provides case studies and application questions, critical thinking questions, the most current information on the laws including No Child Left Behind and the Individuals with Disabilities Education Act of 2004, and a discussion of major trends changing the laws, including that of autism.  

  • The book opens with a unique in-depth interview with B. Joseph Ballard–one of the foremost influential policy experts in the writing and passage of the original IDEA, signed in 1975 - providing readers rare and distinctive insight into the history of IDEA, the initial intent of getting the law passed, and the original vision of its writers.
  • Features current information on the most important laws affecting educators today, specifically the No Child Left Behind Act and the Individuals with Disabilities Improvement Act of 2004.  Each piece of legislation is address separately including its analysis and the explanation of how Congress has merged the language of both together. The in-depth treatment will provide readers with the most pertinent information on how both laws affect and work in the school system.
  • Unlike any other special education law text, this one gives its readers the history and background of special education law and its relatedness to the Civil Rights Movement.  This unique discussion will equip students to understand the true intent of the law and its place in history.  Readers will not only come away with a full understanding of special education law today but will understand how the law came to be in its beginning stages.  
  • Addresses the new, major trends in the field of special education law–including discussion of Autism and Response-to-Intervention (RTI).  Analysis and recommended “best practices” are provided for readers, as well as some recent case studies for information and study.
  • “Facts at a Glance” at the beginning of every chapter not only serve as a quick reference guide for readers throughout the text, but will help focus students on the most important content in the chapter ahead.
  • "Case Studies" and "Application Questions" featured in almost every chapter provide authentic examples of special education law and represent typical problems faced in schools today.  Relevant and applicable, these special features will help students situate the content, discern how the law is applied in the real world, and learn about the importance of educators’ compliance with the law in everyday practice. 
  • "Critical Thinking Questions" at the end of every chapter enable readers to think deeply beyond the content at hand and to critically analyze important legal issues in relation to special education.

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

 

 

Legal Aspects of Special Education was written by a practitioner to help teachers, administrators, and advocates understand special education law in everyday language– without excessive legalese or extraneous case law. Different in many ways from other special education law texts on the market, all of the elements of this text are intended to help its students obtain the most critical information about special education law and how it is applied in the real world. Readers will find both the opening interview with Joe Ballard, a pioneer of the IDEA movement, and the discussion of the history of special education and its link to the Civil Rights Movement–both fascinating features. Additionally, the book provides case studies and application questions, critical thinking questions, the most current information on the laws including No Child Left Behind and the Individuals with Disabilities Education Act of 2004, a discussion of Response-to-Intervention (RTI) and the implication of IDEA 2004 for school districts, and the major trends changing the laws including that of autism. Whether you’re considering a text for a course in Special Education Law, Education Law, or Educational Administration, Hulett’s Legal Aspects of Special Education will be the perfect resource for instructors and students alike.

Special Elements of this text include:

  • A unique in-depth interview with B. Joseph Ballard–one of the foremost influential policy experts in the writing and passage of the original IDEA, signed in 1975.
  • In-depth treatment of the laws affecting educators today, specifically the No Child Left Behind Act and the Individuals with Disabilities Improvement Act of 2004–providing readers with the most pertinent information on how both laws affect and work in the school system.
  • The unique history and background of special education law and its relatedness to the Civil Rights Movement–equips students with the knowledge of the true intent of the law and its place in history.
  • New, major trends in the field of special education law–such as Autism and Response-to-Intervention (RTI).
  • “Facts at a Glance” featured at the beginning of every chapter–serves as a quick reference guide for readers throughout the text and focuses students on the most important content in the chapter ahead.
  • Case Studies and Application Questions featured in almost every chapter–provide authentic examples of special education law and represent typical problems faced in schools today.
  • Critical Thinking Questions at the end of every chapter–enable readers to think deeply beyond the content at hand and to critically analyze important legal issues in relation to special education. 

View a Sample Chapter PDF:

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    Hulett
    © 2009 | Merrill | Electronic Book; 240 pages | Instock
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