Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 3 of 3

Full-Text Articles in Law

When It's Not Apparent: Some Modest Advice To Parent Advocates For Students With Disabilities, Stephen A. Rosenbaum Jan 2001

When It's Not Apparent: Some Modest Advice To Parent Advocates For Students With Disabilities, Stephen A. Rosenbaum

Publications

In this article, I explore ways in which parents of children with disabilities can more effectively participate in educational decisionmaking and oversight. I begin by describing the federal special education statute, the IDEA (Individuals with Disabilities Education Act), as a set of procedural safeguards that are intended to result in meaningful educational benefit. IDEA's cornerstone is the individualized education program (IEP) for each child. The IEP, negotiated between school authorities and the child's family, is often an arduous and stressful process.

I first note the limitations of using litigation against local school districts as a tool to achieve aggregate or …


Discipline Of Special-Education Students Under The Individuals With Disabilities Education Act, Allan G. Osborne, Jr. Ed.D Jan 2001

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 Jan 2001

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 …