Disability Law Commons^™

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 …

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 …

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 …

The Rights Of Disabled Students, Derek W. Black, Robert A. Garda Jr., John E. Taylor, Emily Gold Waldman

Robert A. Garda

Education Law: Equality, Fairness, and Reform situates case law in the broader education world by including edited versions of federal policy guidance, seminal law review articles, social science studies, and policy reports. It offers comprehensive coverage of education law while also focusing specifically on equality and civil rights issues. It includes individual chapters on each major area of inequality: race, poverty, gender, disability, homelessness, and language status. Those chapters are followed by a structured approach to the complex first amendment questions, dividing the first amendment into three different chapters and addressing, in order, freedom of expression and thought, religion in …

Culture Clash: Special Education In Charter Schools, Robert A. Garda Jr.

Robert A. Garda

Charter schools and special education for disabled students are based on conflicting education reforms and agency oversight principles. Charter schools operate in a culture of regulatory freedom and flexibility. They arose out of the modern era of accountability reform, in which student outcomes are the primary measure of school success and the driving engine of agency oversight. In stark contrast, special education laws were conceived in the civil rights era of education reform, which emphasized process and paid little attention to outcomes. The education of disabled students is steeped in a culture of regulatory oversight focused on rigid compliance with …

An Analysis Of Disability-Related Provisions In The 2008 Higher Education Opportunity Act (Heoa): What Universities And Policy Makers Should Know, Alan Kurtz

Education

The purpose of this October 2011 policy brief is to provide state agencies, postsecondary institutions, and policy makers with an overview of changes in the 2008 Higher Education Opportunity Act (HEOA) affecting the access to education of postsecondary students with disabilities and the way teacher education programs at Institutions of Higher Learning (IHEs) prepare general and special educators to teach students with disabilities. Specifically, this analysis reviews disability-related terminology new to this revision of the HEOA, access to instructional materials for students with print disabilities, changes in access to financial aid for students with intellectual disabilities, model demonstration projects both …

Institute Brief: Advancing Parent-Professional Leadership: Effective Strategies For Building The Capacity Of Parent Advisory Councils In Special Education, Heike Boeltzig, Matthew Kusminsky, Susan M. Foley, Richard Robison, Barbara Popper, Marilyn Gutierrez-Wilson

The Institute Brief Series, Institute for Community Inclusion

The Individuals with Disabilities Education Act, last amended in 2004 (IDEA 2004), encourages parents and educators to work collaboratively, emphasizing that as a team they are uniquely suited to make decisions that help improve the educational experiences and outcomes of children with disabilities. The Advancing Parent-Professional Leadership in Education (APPLE) Project was funded to develop the leadership skills of parents individually and within their communities. The project took place in Massachusetts, where school districts are required to have a special education parent advisory council (SEPAC).