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The Mainstreaming Requirement Of The Individuals With Disabilities Education Act In The Context Of Autistic Spectrum Disorders, Conor B. Mcdonough, Ph.D.
The Mainstreaming Requirement Of The Individuals With Disabilities Education Act In The Context Of Autistic Spectrum Disorders, Conor B. Mcdonough, Ph.D.
Fordham Urban Law Journal
Children with autism or one of the related autistic spectrum disorders ("ASD") are eligible for special education under the Individuals with Disabilities Education Act ("IDEA"), which provides, in part, that disabled students must be educated with non-disabled peers as often as possible, a practice referred to as mainstreaming or inclusion. The federal circuit courts apply different tests to evaluate compliance with this mainstreaming requirement, but as argued in this Note, the circuit tests are effectively equivalent with respect to children diagnosed with ASDs. One significant issue in applying each of these tests is that tensions exist between the mainstreaming requirement …
Discipline Of Special-Education Students Under The Individuals With Disabilities Education Act, Allan G. Osborne, Jr. Ed.D
Discipline Of Special-Education Students Under The Individuals With Disabilities Education Act, Allan G. Osborne, Jr. Ed.D
Fordham Urban Law Journal
In 1975, Congress passed the Education for All Handicapped Children Act. Since 1975, Congress has amended the statute several times. One of those amendments, enacted in 1990, gave the law a new name: the Individuals with Disabilities Education Act (“IDEA”). The law, as initially enacted and amended, was silent on the subject of discipline. In 1997, Congress passed the most comprehensive amendments to the IDEA to date. The amendments included provisions on the discipline of students with disabilities. Many of those provisions simply codified existing case law; others, however, helped clarify formerly opaque areas. This article will analyze the requirements …
An Idea Schools Can Use: Lessons From Special Education Legislation, Terry Jean Seligman
An Idea Schools Can Use: Lessons From Special Education Legislation, Terry Jean Seligman
Fordham Urban Law Journal
The Individuals with Disabilities Education Act (the “IDEA”) has been a part of our public education system since 1975. The IDEA was enacted in response to the exclusion and inadequate education of children with disabilities. The IDEA is widely viewed as having opened the doors to education to previously excluded children. During the summer of 2001, as Congress labored to pass new standards for public education, the Secretary of Education under President George W. Bush's administration resisted efforts to increase funding for special education, asserting that the IDEA needed reforms that money could not address. This article argues that the …