Disability Law Commons^™

Brief Of Amici Curiae Food Allergy Research & Education, & Council Of Parent Attorneys And Advocates In Support Of Plaintiff-Appellants And Urging Reversal, T.F., A Minor By His Parents And D.F. And T.S.F., On Their Own Behalf V. Fox Chapel Area School District, Marc Charmatz, Caroline Jackson

Court Briefs

No abstract provided.

Idea And Alternative Dispute Resolution: A Primer, Charles J. Russo, Allan G. Osborne Jr.

Educational Leadership Faculty Publications

Alternative dispute resolution (ADR) procedures are the cornerstone of the provisions in the Individuals with Disabilities Education Act (IDEA) that mandate the timely resolution of disagreements between parents and school officials.

ADR procedures are in the form of mediation and resolution sessions that are held before culminating in due process hearings. The sessions are designed to be speedier, less costly, and less adversarial than litigation. Subject to infrequent exceptions, disagreements can be subject to judicial review only after parents and education officials have exhausted the administrative remedies under the IDEA. The provisions establish time frames that parties must meet before …

Growing Ideas - Confidentiality: Respecting The Privacy Of All Families, University Of Maine Center For Community Inclusion And Disability Studies

Early Childhood Resources

Care and education professionals routinely receive confidential information about children and families as part of their work. Maintaining confidentiality is important both legally and ethically.

Growing Ideas - Building Belonging: Providing Guidance For Social Skill Development, University Of Maine Center For Community Inclusion And Disability Studies

Early Childhood Resources

As young children with and without disabilities grow, they are learning how to develop relationships with others and to be members of a community. All children need support to learn and achieve these important life skills. The process adults use to teach and support this learning is known as guidance. Effective guidance assumes the following conditions: Respect, understanding, and appreciation for every child’s unique qualities; Knowledge that children’s mistaken behaviors provide learning opportunities; An encouraging community where every child belongs and feels safe; and a developmentally appropriate, culturally responsive setting.

Growing Ideas - Partnering With An Early Childhood Mental Health Consultant, University Of Maine Center For Community Inclusion And Disability Studies

Early Childhood Resources

Early Childhood Mental Health Consultation (ECMHC) is a collaborative relationship between a mental health consultant and families, care and education professionals, and/or early care and education teachers. ECMHC strives to improve the ability of families, teachers, and care and education professionals to promote, sustain and restore healthy social and emotional development for all children. Early Childhood Mental Health Consultation approaches challenging situations with children from a problem solving perspective. ECMHC is not a therapeutic intervention: it occurs in the children's natural settings - child care, home, and school.

Growing Ideas - Admissions Policies And Practices That Build Inclusive Child Care Communities (For Providers), University Of Maine Center For Community Inclusion And Disability Studies

Early Childhood Resources

Quality inclusive child care settings include children with disabilities and health, behavioral or mental health concerns. Admissions policies that clearly state eligibility criteria, practices, program and parent and/or guardian responsibilities, can help families evaluate if the program will be a good match for their child. Providers may want to obtain legal advice to be sure their policy and procedures align with relevant federal and state laws and regulations.

Growing Ideas - Admissions Policies And Practices That Build Inclusive Child Care Communities (For Parents And Guardians), University Of Maine Center For Community Inclusion And Disability Studies

Early Childhood Resources

All children, including children with disabilities, benefit when quality inclusive child care settings provide an equal opportunity to participate. Admissions policies and practices that reflect this inclusive philosophy can help parents and guardians evaluate whether the program will be a good match for their child.

Growing Ideas - Laws That Support Early Childhood Education For All, University Of Maine Center For Community Inclusion And Disability Studies

Early Childhood Resources

State and federal laws protect the rights of children with disabilities. These laws support the inclusion of children with disabilities in care and education settings. Care and education professionals should be familiar with these laws.

Growing Ideas - Inclusive Early Childhood Education, University Of Maine Center For Community Inclusion And Disability Studies

Early Childhood Resources

Inclusive early childhood programs are built upon a foundation of developmentally appropriate practice (DAP) and consider individualized approaches that benefit all children. Inclusive programs welcome ALL children, including children with disabilities, and provide opportunities for each child in the group to participate, learn, and truly belong. Care and education professionals consider the needs of all children when planning, implementing, and evaluating the program.

Growing Ideas - Friends & Feelings: Social-Emotional Development In Young Children, University Of Maine Center For Community Inclusion And Disability Studies

Early Childhood Resources

Social-emotional development involves the ability to form close, secure relationships and to experience, regulate, and express emotions. Social-emotional growth is affected by a variety of factors, such as an individual’s unique biology and temperament, as well as life experiences. “Social” refers to how individuals interact with others. “Emotional” refers to how individuals feel about themselves, others, and the world.

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 …

Should States Ban The Use Of Non-Positive Interventions In Special Education? Re-Examining Positive Behavior Supports Under The Idea, Elizabeth Shaver

Akron Law Faculty Publications

In the 1980s and 1990s, behavior analysts vigorously debated ethical concerns about the use of certain behavioral interventions to address severe behavior of disabled children. In 1997, while that debate was still ongoing, the Individuals with Disabilities Education Act (IDEA) was amended to require educators to consider the use of “positive behavioral interventions and supports,” among other strategies, to address problem behavior that impedes a disabled child’s learning. Since 1997, the “positive behavioral interventions and supports” framework has shifted focus, but IDEA’s language essentially has stayed the same. In addition, some states have enacted poorly-worded statutes or regulations in order …

No Idea What The Future Holds: The Retrospective Evidence Dilemma, Dennis Fan

Faculty Scholarship

The Individuals with Disabilities Education Act’s predecessor established a multilevel administrative and judicial review system for special education decisions, and ever since, the volume of special education cases in federal court has ballooned. Most present cases involve disputes over whether the school district drafted an individualized education program capable of providing a child with disabilities a “free appropriate public education.” But what evidence parties can bring to these disputes is not settled. Circuit courts are split on whether “retrospective evidence” — evidence that arises after the school district drafts the individualized education program — is admissible. This Note addresses present …

Advocates, Federal Agencies, And The Education Of Children With Disabilities, Eloise Pasachoff

Georgetown Law Faculty Publications and Other Works

The aim of this essay, prepared for a symposium on dispute resolution in special education held at The Ohio State University Moritz College of Law in February 2014, is to highlight ways that advocates for children with disabilities can use federal agencies to improve the implementation and enforcement of federal laws protecting children with disabilities in schools—that is, the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act as it relates to schools.

One can spend a lot of time engaging with the contemporary public conversation about the law surrounding …

Where Schools Close In Chicago, Randall K. Johnson

Faculty Works

It is often assumed that schools close, disproportionately, in disadvantaged parts of Chicago. The assumption, however, has yet to be substantiated by research. As a result, this article tests the assumption in order to explain where schools close in Chicago. It does so by introducing a new Chicago Public School (CPS) closings dataset. The dataset sheds some light on the phenomenon by identifying 130 schools that closed, twenty-seven ZIP codes that experienced CPS closings and three demographic characteristics of these ZIP codes. In the process, this dataset helps to explain how CPS closings relate to race, income and location.

Has Time Expired For Time-Out Rooms?, Charles J. Russo

Educational Leadership Faculty Publications

An issue that continues to raise serious concerns for education leaders surrounds the treatment of students with disabilities who behave unacceptably. In Honig v. Doe (1988), the Supreme Court acknowledged that in such cases, among the procedures available to educators is “the use of study carrels, timeouts, detention, or the restriction of privileges” (p. 325). Time-out rooms—typically small rooms where students who misbehave are sent until they can safely regain their composure—continue to be used in most jurisdictions, subject to state oversight via statutes and regulations (U.S. Department of Education 2010).

Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline, Lia Epperson

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Ohio State University Dispute Resolution In Special Education Symposium Panel, Robert Dinerstein

Articles in Law Reviews & Other Academic Journals

No abstract provided.