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Articles 1 - 7 of 7

Full-Text Articles in Education

In Defense Of Idea Due Process, Mark Weber Jan 2014

In Defense Of Idea Due Process, Mark Weber

College of Law Faculty

Due Process hearing rights under the Individuals with Disabilities Education Act are under attack. A major professional group and several academic commentators charge that the hearings system advantages middle class parents, that it is expensive, that it is futile, and that it is unmanageable. Some critics would abandon individual rights to a hearing and review in favor of bureaucratic enforcement or administrative mechanisms that do not include the right to an individual hearing before a neutral decision maker. This Article defends the right to a due process hearing. It contends that some criticisms of hearing rights are simply erroneous, and ...


Idea Class Actions After Wal-Mart V. Dukes, Mark C. Weber Jan 2014

Idea Class Actions After Wal-Mart V. Dukes, Mark C. Weber

Mark C. Weber

Wal-Mart v. Dukes overturned the certification of a class of a million and a half female employees alleging sex discrimination in Wal-Mart’s salary and promotion decisions. The Supreme Court ruled that the case did not satisfy the requirement that a class have a common question of law or fact, and said that the remedy sought was not the type of relief available under the portion of the class action rule permitting mandatory class actions. Over the last two years, courts have struggled with how to apply the ruling, especially how to apply it beyond its immediate context of employment ...


In Defense Of Idea Due Process, Mark C. Weber Jan 2014

In Defense Of Idea Due Process, Mark C. Weber

Mark C. Weber

Due Process hearing rights under the Individuals with Disabilities Education Act are under attack. A major professional group and several academic commentators charge that the hearings system advantages middle class parents, that it is expensive, that it is futile, and that it is unmanageable. Some critics would abandon individual rights to a hearing and review in favor of bureaucratic enforcement or administrative mechanisms that do not include the right to an individual hearing before a neutral decision maker. This Article defends the right to a due process hearing. It contends that some criticisms of hearing rights are simply erroneous, and ...


The Changing Role Of The School Psychologist In Response To Intervention, Sharon Murphy-Price Jun 2012

The Changing Role Of The School Psychologist In Response To Intervention, Sharon Murphy-Price

College of Education Theses and Dissertations

Traditionally, school psychologists have used the I.Q. discrepancy model to measure academic achievement versus student academic ability in order to determine if the student may be eligible for special education services under the category of specific learning disability (SLD). With the reauthorization of IDEA 1997 in December 2004, new policies under Individuals with Disabilities Education Improvement Act (IDEIA) were signed into law and became effective July 1. 2005. While the use of the I.Q. discrepancy model is permitted, technically adequate assessments and researched based instructional practices must also be in place and student progress recorded before students can ...


Common-Law Interpretation Of Appropriate Education: The Road Not Taken In Rowley, Mark C. Weber Jan 2012

Common-Law Interpretation Of Appropriate Education: The Road Not Taken In Rowley, Mark C. Weber

Mark C. Weber

Thirty years old in 2012, Board of Education v. Rowley is the case that established a some-benefit or floor-of-opportunity standard for the services public school districts must provide to children who have disabilities. But the some-benefit approach is by no means the only one the Court could have adopted. It could have endorsed the view of the lower courts that each child with a disability must be given the opportunity to achieve his or her potential commensurate with the opportunity offered other children. Or it could have adopted a standard based on achievement of the child’s full potential or ...


Common-Law Interpretation Of Appropriate Education: The Road Not Taken In Rowley, Mark Weber Jan 2012

Common-Law Interpretation Of Appropriate Education: The Road Not Taken In Rowley, Mark Weber

College of Law Faculty

Thirty years old in 2012, Board of Education v. Rowley is the case that established a some-benefit or floor-of-opportunity standard for the services public school districts must provide to children who have disabilities. But the some-benefit approach is by no means the only one the Court could have adopted. It could have endorsed the view of the lower courts that each child with a disability must be given the opportunity to achieve his or her potential commensurate with the opportunity offered other children. Or it could have adopted a standard based on achievement of the child’s full potential or ...


Maintaining Hope/ Encouraging Perspective In Special Education, Donna Smith Jun 2008

Maintaining Hope/ Encouraging Perspective In Special Education, Donna Smith

College of Education Theses and Dissertations

Having a child with moderate to severe disabilities is a life-altering experience for many families. This study is an exploration of the relationship that exists between the parents of children with moderate to severe disabilities and special education professionals. It is an attempt to gain a deeper understanding of the parental perspective on the complexities of that relationship, and to investigate how that relationship is negotiated through stories told by eight parents about their experiences with the professionals in the schools their children attend. This study is also focused on how parents, school systems, and societal understandings of disability and ...