Education Law Commons^™

Don't Get The Wrong Idea: How The Fourth Circuit Misread The Words And Spirit Of Special Education Law-And How To Fix It, Michael T. Mccarthy

Washington and Lee Law Review

No abstract provided.

The Evolution Of Special Education, Kelli J. Esteves, Shaila Rao

Scholarship and Professional Work – Education

The events that have driven the gradual and progressive evolution of special education serve as a backdrop to understanding the foundation of the field and its ever-changing nature. Knowledge of this history is critical if we intend to make further progress.

Full Sp[ ]Ed Ahead: Expanding The Idea Idea To Let All Students Ride The Same Bus, Stephen A. Rosenbaum

Publications

Some commentators and public officials have suggested that the schoolhouse door to special education services has opened too widely and too indiscriminately... under the Individuals with Disabilities Act (IDEA). In her Article responding to calls to shrink the eligibility definition, Professor Wendy Hensel alludes to The Short Bus that students with disabilities often ride. Meanwhile, No Child Left Behind (NCLB) — the most significant federal education policy reform in place for general education students — dictates a level of academic progress and instructional interventions to assist all pupils — those with disabilities along with other marginalized students.

In this Essay, …

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 …

Simplify You, Classify You: Stigma, Stereotypes And Civil Rights In Disability Classification Systems, Michael L. Perlin

Articles & Chapters

In this paper I consider the question of the extent to which sanism and pretextuality - the factors that contaminate all of mental disability law - do or do not equally contaminate the special education process, and the decision to label certain children as learning disabled. The thesis of this paper is that the process of labeling of children with intellectual disabilities implicates at least five conflicts and clusters of policy issues:

* The need to insure that all children receive adequate education

* The need to insure that the cure is not worse than the illness (that is, that …

Judicially Reducing The Standard Of Care: An Analysis Of The Bad Faith/Gross Misjudgment Standard In Special Education Discrimination, Drew Miller

Kentucky Law Journal

No abstract provided.