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Legal Issues in Special Education

Legal Issues in Special Education PDF Author: Allan G. Osborne
Publisher: Pearson
ISBN:
Category : Education
Languages : en
Pages : 296

Book Description
The book provides comprehensive information about special education laws and regulations and how the courts have interpreted those laws and regulations. Legal trends and developing legal principles have been extracted from the case law and presented in a straight forward fashion.

Legal Issues Related to Special Education Discipline in Public Schools

Legal Issues Related to Special Education Discipline in Public Schools PDF Author: Thomas Alvin Howell
Publisher:
ISBN:
Category : Electronic dissertations
Languages : en
Pages : 477

Book Description
The Individuals with Disabilities Education Act is the federal law, which defines within its provisions, the way students are disciplined in school. Schools must follow the procedures as set forth by these statutes. Decisions made by the administrator and/or the IEP team regarding the disposition of the student must meet the guidelines as set forth by IDEA and the state administrative code for that particular state. Because discipline has long been an important concern of administrators, teachers, and parents, it is not surprising that courts and legislators have addressed issues regarding the use of disciplinary procedures with students in public schools. In fact, the law has been an important force in the development of how we use discipline in public schools. Understanding the legal restraints and requirements that guide school personnel when disciplining students is important for teachers and administrators. Through the analysis of court cases, this study provides insight into the legal issues, outcomes, trends, and guidelines before the courts in the area of special education discipline and informs education leaders to help them make prudent decisions. This qualitative, descriptive study involves 132 court cases identified through West's Education Law Digest and West's Education Law Reporter over a 37-year time period from 1975-2011. Cases are analyzed using the format outlined by Starsky and Wernet in their book, Case Analysis and Fundamentals of Legal Writing, 4th Edition, and are divided into 10 issues: Placement, FAPE, Exhaustion of Administrative Remedies, Stay-Put, Suspension, Seclusion/Restraint, Manifestation, Expulsion, Corporal Punishment, and Due Process Hearing. From the research, 16 guidelines are established in order to help enlighten educators regarding special education discipline. It is the author's hope that these guidelines will foster an understanding of the critical need for school administrators to be aware of the law with respect to disciplining students with disabilities.

Current Trends and Legal Issues in Special Education

Current Trends and Legal Issues in Special Education PDF Author: David F. Bateman
Publisher: Corwin Press
ISBN: 1544302037
Category : Education
Languages : en
Pages : 296

Book Description
Building and supporting effective special education programs School leaders and special educators are expected to be experts on all levels and types of special education law and services, types of disability, and aspects of academic and functional programming. With the increasing demands of the job and the ever-changing legal and educational climate, few feel adequately prepared to meet the demands. Trends and Legal Issues in Special Education helps you build and support timely, legally sound, and effective special education services and programs. Readers will find: the most up-to-date information on how to effectively implement special education programs, processes, and procedures examination of a wide variety of issues, from developing and implementing individual education programs (IEPs) that confer a free appropriate public education, Section 504, least restrictive environment (LRE), and successfully collaborating with parents, to issues regarding accountability, staffing, bullying, early childhood special education, multi-tiered systems of support (MTSS), evidence-based practices, transition, discipline, and the school-to-prison pipeline extensive references and resources

Wrightslaw

Wrightslaw PDF Author: Peter W. D. Wright
Publisher:
ISBN:
Category : Education
Languages : en
Pages : 416

Book Description
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.

Legal Issues in Special Education

Legal Issues in Special Education PDF Author: Kevin P. Brady
Publisher: Routledge
ISBN: 0429836864
Category : Education
Languages : en
Pages : 415

Book Description
Legal Issues in Special Education provides teachers and school administrators with a clearly written, well-organized, and understandable guide from the perspective of the practitioner without formal legal training. Even though over 50 percent of students with disabilities are now educated in general education classes, most teachers are not required to complete coursework in special education law and can unwittingly expose themselves and their schools to liability for violating the rights of students with disabilities. This practitioner’s guide explicitly addresses the major issues and legal complexities educators inevitably face when dealing with special education legal and policy issues. Using case-based learning to synthesize important legal concepts and principles from leading special education legal cases, this text guides educators, administrators, and parents alike toward a thorough understanding of, and the ability to navigate, many of the current and pressing legal concerns in special education.

How to Prevent Special Education Litigation

How to Prevent Special Education Litigation PDF Author: Regina Umpstead
Publisher: Teachers College Press
ISBN: 0807757071
Category : Law
Languages : en
Pages : 127

Book Description
It is essential that today’s educators and school leaders are more informed about the legal rights and entitlements of students with disabilities. This resource provides eight easy-to-implement lesson plans on special education law that require no legal knowledge and can be facilitated by school principals, special education directors, teachers, or university instructors. In short one-hour sessions, participants learn by engaging in practical activities instead of only passive reading about the law. All of the lessons utilize actual situations that have led to expensive litigation and each includes the following sections: Introduction for Facilitators; Materials Needed; Background, Purpose, and Objectives of the Lesson; Hook; Activity; Questions for Conversation; Test Your Knowledge; and Additional Resources. This one-of-a-kind book will help schools and districts reduce the time and energy devoted to dealing with violations of the law, resolving parental complaints, correcting errors by school employees, and more. Book Features: A focus on important special education legal issues occurring in schools today. Field-tested lesson plans that can be adopted by schools nationwide because they are based on federal law.Everything needed to teach the lessons, including materials, scripts, interactive activities, and discussion questions. Measurable objectives and assessments to ensure the participants have learned the intended content of the lesson.

Corporal Punishment in U.S. Public Schools

Corporal Punishment in U.S. Public Schools PDF Author: Elizabeth T. Gershoff
Publisher: Springer
ISBN: 3319148184
Category : Psychology
Languages : en
Pages : 125

Book Description
This Brief reviews the past, present, and future use of school corporal punishment in the United States, a practice that remains legal in 19 states as it is constitutionally permitted according to the U.S. Supreme Court. As a result of school corporal punishment, nearly 200,000 children are paddled in schools each year. Most Americans are unaware of this fact or the physical injuries sustained by countless school children who are hit with objects by school personnel in the name of discipline. Therefore, Corporal Punishment in U.S. Public Schools begins by summarizing the legal basis for school corporal punishment and trends in Americans’ attitudes about it. It then presents trends in the use of school corporal punishment in the United States over time to establish its past and current prevalence. It then discusses what is known about the effects of school corporal punishment on children, though with so little research on this topic, much of the relevant literature is focused on parents’ use of corporal punishment with their children. It also provides results from a policy analysis that examines the effect of state-level school corporal punishment bans on trends in juvenile crime. It concludes by discussing potential legal, policy, and advocacy avenues for abolition of school corporal punishment at the state and federal levels as well as summarizing how school corporal punishment is being used and what its potential implications are for thousands of individual students and for the society at large. As school corporal punishment becomes more and more regulated at the state level, Corporal Punishment in U.S. Public Schools serves an essential guide for policymakers and advocates across the country as well as for researchers, scientist-practitioners, and graduate students.

Discipline in Special Education

Discipline in Special Education PDF Author: Allan G. Osborne, Jr.
Publisher: Corwin Press
ISBN: 1452272336
Category : Education
Languages : en
Pages : 193

Book Description
"This practical, easy-to-follow guide is an informative and well-organized resource for busy administrators who are trying to run safe, orderly schools." —Lois F. Berlin, Superintendent Falls Church City Public Schools, VA "The authors present readable, practical guidelines detailing the full spectrum of discipline-related legal issues impacting students with special needs." —Kevin P. Brady, Assistant Professor North Carolina State University Make appropriate disciplinary decisions without violating the rights of students with disabilities! Leading experts Allan G. Osborne, Jr., and Charles J. Russo illustrate how existing legislation affects the rights of students with disabilities and provides educators with clear guidelines for taking suitable disciplinary actions under the reauthorization of IDEA 2004. Ideal for school principals, assistant principals, guidance counselors, school board members, and special education faculty, this resource includes frequently asked questions, a glossary of terms, acronyms, and abbreviations for easy reference. In language that is current and reader friendly, this book also: Analyzes case law, including Honig v. Doe, the primary court decision concerned with disciplining students with disabilities Offers a thorough overview of IDEA′s many detailed disciplinary mandates and provides suggestions for implementing each of the mandates Clarifies the IDEA provisions that protect students to help ensure they are not being disciplined for actions that stem from their disabilities Discipline in Special Education helps school personnel gain a solid foundation for making disciplinary decisions that are fair and legal.

The Comprehensive Guide to Special Education Law

The Comprehensive Guide to Special Education Law PDF Author: George A. Giuliani
Publisher: Jessica Kingsley Publishers
ISBN: 0857005855
Category : Education
Languages : en
Pages : 324

Book Description
It is vital for all professionals in the field of education to have a practical understanding of the laws that are in place to protect the children with whom they work. The Comprehensive Guide to Special Education Law is a detailed yet accessible introduction to federal law as it applies to the rights of children with special needs. Written in a user-friendly question and answer format, the book covers all of the key areas of special education law including parental rights of participation, the legal right to Free Appropriate Public Education (FAPE) and related services, and the complex issues of discipline and dispute resolutions. This book provides educators with knowledge of the requirements, history, and evolution of the laws that impact their daily working lives and gives them the information they need to help parents obtain better services for their children. This is an indispensible handbook that teachers, school management, and school counselors will refer to again and again.

Special Education and the Law

Special Education and the Law PDF Author: Allan G. Osborne, Jr.
Publisher: Corwin Press
ISBN: 1071818988
Category : Education
Languages : en
Pages : 385

Book Description
The essential resource for success in special education Educators face major challenges when addressing the needs of students with disabilities. This includes understanding a complex legal field: special education law. Special Education and the Law, Fourth Edition: A Guide for Practitioners is the ultimate for busy educators. Osborne and Russo, past presidents of the Educational Law Association, are experts in translating legalese into language that educators can understand. They have created a resource that examines legislation and interprets the statutes and their regulations in a reader-friendly format. Major topics include rights of access to public education, procedural due process, placement requirements, delivery of related services, discipline of students with disabilities, and remedies for failure to adhere to the law. With a preventative approach to litigation that separates it from other publications, this book features: Updates on legal developments from the almost-1000 federal and state cases decided since publication of the third edition in 2014 Coverage of IDEA, ADA, FAPE, 504, discipline, IEPs, LRE, parental considerations, public vs. private school considerations, and attorney fees A focus on federal and state interpretations With its user-friendly format, this resource will help educators focus on their core competency: providing exemplary education to students with special needs.

The Essentials of Special Education Law

The Essentials of Special Education Law PDF Author: Andrew M. Markelz
Publisher: Rowman & Littlefield
ISBN: 1538150042
Category : Education
Languages : en
Pages : 171

Book Description
The Essentials of Special Education Law distills the legal complexities of special education into a practical resource for preparation programs as well as professionals in the field. Written and organized with college students and practicing educators in mind, this book serves as a go-to guide to the historical underpinnings of special education, the six pillars of the Individual with Disabilities Education Act (IDEA), essential court cases that have propelled the field of special education to where it is today, and practical application tips to ensure legal compliance. With 45 years of combined special education legal experience, authors Andrew Markelz and David Bateman present the essential components of special education law like never before.