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Articles 1 - 30 of 143
Full-Text Articles in Law
Differential Access Of Young Children Of Immigrants To Special Education In Massachusetts, Cady Landa
Differential Access Of Young Children Of Immigrants To Special Education In Massachusetts, Cady Landa
Developmental Disabilities Network Journal
Accessing services for children with special needs is complex and challenging for even U.S.-born parents. Is it even more difficult for immigrant parents, and what are the consequences for their children? This article reports on a mixed methods approach to examining the access of immigrants’ children to special education and inclusive placement. A multivariate analysis of Massachusetts education data finds that children of immigrants are significantly less likely than children of U.S.-born parents to participate in special education. It also finds that among children who do participate in special education, children of immigrants are more likely to be in substantially …
The Proactive Model: How To Better Protect The Right To Special Education For Incarcerated Youth, John Bignotti
The Proactive Model: How To Better Protect The Right To Special Education For Incarcerated Youth, John Bignotti
Indiana Law Journal
The Individuals with Disabilities Education Act (IDEA) guarantees access to a specialized, appropriate public education for youth with disabilities in the United States. While progress has been made and this right to education extends to incarcerated youth as well as those outside the juvenile justice system, there is nonetheless a fundamental limitation on how this federal requirement is imposed in the carceral context: it is enforced through primarily reactive mechanisms. Lawsuits, state compliance regimes, and consent decrees can hold states and juvenile facilities accountable after systemic failures to comply with the IDEA; however, the inherent inconsistency and slow pace of …
Broken Promises: The Granite State’S Return To The Institutionalization Of Children With Disabilities, Elizabeth Trautz
Broken Promises: The Granite State’S Return To The Institutionalization Of Children With Disabilities, Elizabeth Trautz
The University of New Hampshire Law Review
In 1975, the New Hampshire legislature enacted a progressive statute which mandated the Department of Health and Human Services “to establish, maintain, implement and coordinate a comprehensive service delivery system for developmentally disabled persons.” This law was innovative for its time; it decreed that individual service plans (ISPs) be developed for every client in the state’s service delivery system, guaranteed “a right to adequate and humane habilitation and treatment[,]” and contemplated the state’s area agency system as we know it today. The statute was a steppingstone for the 1981 class action lawsuit of Garrity v. Gallen. This was one of …
Examining California’S Title 22 Community Care Licensing Regulations: The Impact On Inclusive Preschool Settings, Aja Mckee, Audri Sandoval Gomez, Sardis Susana Rodriguez, Janice Myck-Wayne, Scott Turner, Markus Trujillo
Examining California’S Title 22 Community Care Licensing Regulations: The Impact On Inclusive Preschool Settings, Aja Mckee, Audri Sandoval Gomez, Sardis Susana Rodriguez, Janice Myck-Wayne, Scott Turner, Markus Trujillo
Education Faculty Articles and Research
Access to general education preschool in California has varied for children with disabilities. One reason for the disparity of educational placement is the preschool regulations outlined in California Department of Education’s Title 22: Community Care Licensing guidelines. These regulations, particularly in preschool, support or hinder preschool inclusion. Examining the preschool section of Title 22 through document analysis resulted in identifying three major themes that embrace or deter inclusive practices: (a) language (i.e., supportive language, antiquated language, and ambiguous language); (b) training, experience, and education; and (c) staff-student ratio. California’s educational leaders should consider these results to provide opportunities for preschool …
Everything Is Bigger In Texas: Including The Horrendously Inadequate Attempts At Providing Special Education And Related Services To All Children With Disabilities, Alexandria R. Booterbaugh
Everything Is Bigger In Texas: Including The Horrendously Inadequate Attempts At Providing Special Education And Related Services To All Children With Disabilities, Alexandria R. Booterbaugh
The Scholar: St. Mary's Law Review on Race and Social Justice
Without immediate action, the “corrections” made by the Texas legislature to meet the appropriateness requirement for special education will result in imminent peril for students with an autism spectrum disorder (ASD) as well as their parents. Tens of thousands of children fall between the cracks as a result of Texas’ illegalities and the lack of responsibility Texas’ lawmakers and Texas Education Agency (TEA) have for special education. If Texas does not fully devote itself to a significant overhaul of its special education practices, students will continue to be left behind.
Congress enacted the Individuals with Disabilities Education Act (IDEA) because …
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iv: Expedited Hearings, Andrew M.I. Lee, Perry A. Zirkel
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iv: Expedited Hearings, Andrew M.I. Lee, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
This article is a follow-up to a triad of analyses of state law additions to the basic requirements of the Individuals with Disabilities Education Act (IDEA) for due process hearings (DPHs). The former three articles covered the pre-hearing, hearing, and post-hearing stages of IDEA DPHs. The present article focuses on expedited DPHs, canvassing state law provisions specific to this more rapid, specialized proceeding in the IDEA. This article covers IDEA foundational requirements for expedited DPHs, and then summarizes and codes the state law provisions that supplement the federal template. Additionally, this article provides a discussion of federal preemption of state …
Evolving Beyond Reasonable Accommodations Towards "Off-Shelf Accessible" Workplaces And Campuses, Karla Gilbride
Evolving Beyond Reasonable Accommodations Towards "Off-Shelf Accessible" Workplaces And Campuses, Karla Gilbride
American University Journal of Gender, Social Policy & the Law
One of the hallmarks of the Americans with Disabilities Act (“ADA”), which prohibits discrimination in the workplace on the basis of disability, is that it defines “discrimination” to include “not making reasonable accommodations to the known mental or physical limitations of an otherwise qualified individual with a disability.” This concept of reasonable accommodation was seen as innovative in two ways. It recognized that employers must sometimes take affirmative steps or make adaptations to afford individuals with disabilities an equal opportunity to apply for and perform jobs. And it identified the failure to take such affirmative steps as a type of …
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iii: The Pre-Hearing Stage, Andrew M.I. Lee, Perry A. Zirkel
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iii: The Pre-Hearing Stage, Andrew M.I. Lee, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
This article is the third in a triad of analyses of state law additions to the basic requirements of the Individuals with Disabilities Education Act (IDEA) for due process hearings (DPHs). The first two articles of this series covered the hearing and post-hearing stages of IDEA DPHs. The purpose of this follow-up analysis is to supplement the earlier articles by canvassing state law provisions specific to the pre-hearing stage. After an introduction and overview of the literature, this article covers IDEA foundational requirements for DPHs, and then summarizes and codes the state law provisions that supplement the federal template. As …
Because I Said So: The (Re)Production Of White, Ableist Narratives Through Legal Discourse In Endrew F. V. Douglas County Re-1, Stephen F. Fusco
Because I Said So: The (Re)Production Of White, Ableist Narratives Through Legal Discourse In Endrew F. V. Douglas County Re-1, Stephen F. Fusco
Electronic Theses and Dissertations
As families and advocates of students of color labeled with dis/abilities face mounting inequities they turn to the courts seeking protection. Unfortunately, even after courts issue written decisions ostensibly designed to protect students labeled dis/abled, these students continue to experience systematic oppression in school. This is due, in part, to the discourse used by the courts when addressing issues affecting students labeled dis/abled and the elitism of the judicial system. The purpose of this study was to examine the legal discourse used in the most recent Supreme Court case concerning the education of students labeled dis/abled, Endrew F. v. Douglas …
How Increased Legal Representation Can Close The Gap In Special Education Discrepancies, Todd Carney
How Increased Legal Representation Can Close The Gap In Special Education Discrepancies, Todd Carney
Touro Law Review
This piece looks at how the existing education regime has led to disparities between white and minority students. The paper finds that the disparity gets even worse when special education is factored in. The reason so many low-income and minority students with disabilities receive such a poor education is that they do not have the proper legal representation to demand the rights that they are guaran- teed under US law. This paper looks at how low-income and minority families have been cheated out of proper legal representation in other areas and how receiving the necessary legal representation can lead to …
Special Education's Lessons For School Funding Litigation, Spencer C. Weiler, Scott R. Bauries
Special Education's Lessons For School Funding Litigation, Spencer C. Weiler, Scott R. Bauries
Law Faculty Scholarly Articles
In this Article, we make the case that the currently dominant approaches to challenging the constitutionality of a state’s funding efforts have proven ineffective. Instead, future lawsuits designed to bring about lasting funding reform should be informed by the successes within the field of special education by asking courts to examine individual-rights claims based on one student, or several similarly-situated individual students, petitioning the court for relief tailored to that student or class. Such an approach to school finance litigation could result in a decision that limits relief to just one application of the entire funding formula, and the remedy …
Perceptions Of Special Education Supports By School Administrators, Eric P. Oxford
Perceptions Of Special Education Supports By School Administrators, Eric P. Oxford
Electronic Theses and Dissertations
This research study analyzed the perceptions of special education supports by school administrators. Specifically, this research discussed comparative findings of perceptions of special education supports between building principals and building-based special education team chairpersons in one Massachusetts public school district. The findings are grounded in the district’s inclusive philosophy and its capability to ensure that all students are provided educational opportunities in the least restrictive educational environment. The problem studied was that many students with disabilities who are unable to find academic success within an inclusive academic environment are typically transitioned into a more restrictive—or substantially separate—alternative education setting. It …
Covid-19 And Individuals With Developmental Disabilities: Tragic Realities And Cautious Hope, Samuel J. Levine
Covid-19 And Individuals With Developmental Disabilities: Tragic Realities And Cautious Hope, Samuel J. Levine
Scholarly Works
The COVID-19 pandemic has cast the United States, along with the rest of the world, into a time of crisis and uncertainty unlike any other in recent memory. Months into the pandemic, there is scant agreement among scientists, government officials, and large segments of the public, both domestic and abroad, as to determining the causes and workings of the virus, designing appropriate and effective responses to the outbreak, and constructing accurate assessments of the future—or even of the present. Indeed, the availability of concrete information about the virus and its effects is grossly inadequate and often replaced by anecdotal or …
Endrew F. V. Douglas County School District: How The Groundbreaking Supreme Court Case Has Impacted Maryland Special Education Law, Payton Aldridge
Endrew F. V. Douglas County School District: How The Groundbreaking Supreme Court Case Has Impacted Maryland Special Education Law, Payton Aldridge
University of Baltimore Law Forum
No abstract provided.
Covid-19'S Impact On Students With Disabilities In Under-Resourced School Districts, Crystal Grant
Covid-19'S Impact On Students With Disabilities In Under-Resourced School Districts, Crystal Grant
Faculty Scholarship
This Essay explores the plight of students with disabilities during the COVID-19 pandemic, particularly those enrolled in under-resourced school districts. To address these ongoing disparities, remediate student regression, and prevent further educational loss, we must act quickly to get resources to the students who need it most and to guide districts towards using these resources effectively. This Essay questions whether federal and state governments are truly committed to creatively examining the current special education framework and adopting solutions that will prioritize expanding access to resources for students with disabilities. These solutions include an immediate advancement of funds to aid states …
Special Education By Zip Code: Creating Equitable Child Find Policies, Crystal Grant
Special Education By Zip Code: Creating Equitable Child Find Policies, Crystal Grant
Faculty Scholarship
It is estimated that more than 1.3 million youth in the United States have a disability. One in four American adults have a disability that impacts major life activities. With disability rates this high, our nation must prioritize efforts to ensure that all children with disabilities and in need of special education are identified and receive the support they need in school. Congress, through the Individuals with Disabilities Education Act (IDEA), mandated that all public schools locate, identify and evaluate all students suspected of having a disability. The special education community refers to this affirmative duty as “child find.” Unfortunately, …
Resources For Special Education Advocacy, Virginia A. Neisler
Resources For Special Education Advocacy, Virginia A. Neisler
Law Librarian Scholarship
The CDC reports that approximately 1 in 6 children in the United States has a developmental disability.1 Certain types of developmental disabilities are becoming rapidly more prevalent, with autism spectrum disorder affecting 1 in 59 children in 2014 (as compared to 1 in 150 as recently as 2002).2 From 1997 to 2008, all incidences of developmental disabilities in children in the United States increased in prevalence by more than 17 percent.3 This represents a significant part of our population and in recent decades has given rise to a complex system of legal rights and protections for developmentally disabled children that …
Impartial Hearings Under The Idea: Legal Issues And Answers, Perry A. Zirkel
Impartial Hearings Under The Idea: Legal Issues And Answers, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Every Student Succeeds Act: Are Schools Making Sure Every Student Succeeds?, Laura Adler-Greene
Every Student Succeeds Act: Are Schools Making Sure Every Student Succeeds?, Laura Adler-Greene
Touro Law Review
No abstract provided.
The Least Restrictive Environment For Providing Education, Treatment, And Community Services For Persons With Disabilities: Rethinking The Concept, Donald H. Stone
The Least Restrictive Environment For Providing Education, Treatment, And Community Services For Persons With Disabilities: Rethinking The Concept, Donald H. Stone
Touro Law Review
No abstract provided.
Endrew F. Clairvoyance, Mark C. Weber
Coerced Choice: School Vouchers And Students With Disabilities, Claire Raj
Coerced Choice: School Vouchers And Students With Disabilities, Claire Raj
Faculty Publications
The landscape of public education, once thought to be a core function of the state, is shifting towards privatization. The appointment of Betsy DeVos as U.S. Secretary of Education further cements this shift. In particular, DeVos intends to vastly expand the availability of vouchers and tax credits that use public dollars to fund private school tuition. The debate over this expansion and its impact on traditional public schools has been polarizing and combative. Thus far, commentators have framed vouchers as purely matters of choice and increased educational opportunities. Drowned out in the debate are the voices of students with disabilities. …
Preschool And Lead Exposed Kids: The Idea Just Isn’T Good Enough, Karen Syma Czapanskiy
Preschool And Lead Exposed Kids: The Idea Just Isn’T Good Enough, Karen Syma Czapanskiy
Touro Law Review
No abstract provided.
Understanding Racial Inequity In School Discipline Across The Richmond Region, Genevieve Siegel-Hawley, Adai Tefera, David Naff, Ashlee Lester, Jesse Senechal, Rachel Levy, Virginia Palencia, Mitchell Parry, Morgan Debusk-Lane
Understanding Racial Inequity In School Discipline Across The Richmond Region, Genevieve Siegel-Hawley, Adai Tefera, David Naff, Ashlee Lester, Jesse Senechal, Rachel Levy, Virginia Palencia, Mitchell Parry, Morgan Debusk-Lane
MERC Publications
This report comes from the MERC Achieving Racial Equity in School Disciplinary Policies and Practices study. Launched in the spring of 2015, the purpose of this mixed- method study was to understand the factors related to disproportionate school discipline outcomes in MERC division schools. The study had two phases. Phase one (quantitative) used primary and secondary data to explore racial disparities in school discipline in the MERC region as well as discipline programs schools use to address them. Phase two (qualitative) explored the implementation of discipline programs in three MERC region schools, as well as educator and student perceptions …
Is That Appropriate?: Clarifying The Idea's Free Appropriate Public Education Standard Post-Endrew F., Josh Cowin
Is That Appropriate?: Clarifying The Idea's Free Appropriate Public Education Standard Post-Endrew F., Josh Cowin
Northwestern University Law Review
The Individuals with Disabilities Education Act (IDEA) requires schools to provide all students who qualify for special education services with a free appropriate public education (FAPE). However, the IDEA does not specify how much substantive educational benefit students must be afforded in order to receive a FAPE, leaving this question for the courts. For over thirty years, courts split over the amount of educational benefit that school districts must provide to their special education students, leading to significant confusion and anxiety among parents and school officials regarding their legal rights. The Supreme Court sought to clarify this standard in Endrew …
Stepping Back Through The Looking Glass: Real Conversations With Real Disputants About Institutionalized Mediation And Its Value, Nancy A. Welsh
Stepping Back Through The Looking Glass: Real Conversations With Real Disputants About Institutionalized Mediation And Its Value, Nancy A. Welsh
Nancy Welsh
This Article describes what a group of real disputants perceives as most valuable about agency-connected mediation before, soon after, and eighteen months after they participated in the process. The Article is based primarily upon qualitative data from in-depth interviews with parents and school officials who participated in special education mediation sessions. Though the specific context of these interviews is obviously important, these disputants and their disputes share many commonalities with disputants and disputes in other contexts and, as a result, these disputants' views have relevance for the broader field of mediation.
These interviews suggest that both before and after disputants …
The Confluence Of Language And Learning Disorders And The School-To-Prison Pipeline Among Minority Students Of Color: A Critical Race Theory, Shameka N. Johnson, Bahiyyah Muhammad
The Confluence Of Language And Learning Disorders And The School-To-Prison Pipeline Among Minority Students Of Color: A Critical Race Theory, Shameka N. Johnson, Bahiyyah Muhammad
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Lessons Learned From Texas' Special Education Cap, Raj Salhotra
Lessons Learned From Texas' Special Education Cap, Raj Salhotra
Marquette Benefits and Social Welfare Law Review
No abstract provided.
Efficacy Of North Haven’S Response To Intervention In Reducing Over-Identification Of Specific Learning Disabilities, Karyn B. Gallagher
Efficacy Of North Haven’S Response To Intervention In Reducing Over-Identification Of Specific Learning Disabilities, Karyn B. Gallagher
EDL Sixth Year Theses
In 2006, a reauthorization of the Individuals With Disabilities Education Improvement Act led to changes in how the state of Connecticut determined special education eligibility for a student with a specific learning disability. The Response to Intervention (RTI) approach replaced of the discrepancy model in making this determination. This retrospective case study looked at the perceptions of North Haven Staff on the efficacy of the RTI process in reducing the over-identification of students with specific learning disabilities. A mixed-methods survey was administered to 337 professionals in North Haven, CT. Of the 86 responses received, 73 were determined to be useful …
Foreword: The Special Education Cases Of 2017, Mark Weber
Foreword: The Special Education Cases Of 2017, Mark Weber
College of Law Faculty
This paper is the Foreword to a special issue on Fry v. Napoleon Community Schools and Endrew F. v. Douglas County School District RE-1, special education law cases decided by the Supreme Court in the spring of 2017.