Law Commons^™

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.

Every Day Counts: Proposals To Reform The Idea's Due Process Structure, Elizabeth Shaver

Akron Law Faculty Publications

It is a core principle of special education legislation that the parents of children with disabilities can challenge the child’s educational programming through an administrative due process hearing. Yet, for years the special education due process structure has been criticized as inefficient, anti-collaborative, and prohibitively expensive. Those criticisms have given rise to widely varying proposals to reform special education due process, proposals that range from adding certain alternative dispute resolution mechanisms to a wholesale replacement of the due process structure. This article provides a comprehensive analysis of special education dispute resolution. The article first examines the lively debate among scholars …

Every Day Counts: Proposals To Reform The Idea's Due Process Structure, Elizabeth Shaver

Elizabeth Shaver

It is a core principle of special education legislation that the parents of children with disabilities can challenge the child’s educational programming through an administrative due process hearing. Yet, for years the special education due process structure has been criticized as inefficient, anti-collaborative, and prohibitively expensive. Those criticisms have given rise to widely varying proposals to reform special education due process, proposals that range from adding certain alternative dispute resolution mechanisms to a wholesale replacement of the due process structure.

This article provides a comprehensive analysis of special education dispute resolution. The article first examines the lively debate among scholars …

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 …

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

Elizabeth Shaver

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 …

The Education For All Handicapped Children Act: Trends And Problems With The "Related Services" Provision, Michael S. Treppa

Golden Gate University Law Review

This Comment will focus on the interpretation of related services used in IEP's, and will address the significant shortcomings of the related services mandate: lack of clarity and insufficient funding.

Chalimony: Seeking Equity Between Parents Of Children With Disabilities And Chronic Illnesses, Karen Czapanskiy

Karen Czapanskiy

Many thousands of children experience serious disabling conditions such as autism and debilitating chronic illnesses such as asthma. Caring for these children is often so demanding that caregiving parents cannot remain employed outside the home. Parental resources available to these children are also limited because an unusually high percentage of them live with only one parent. Nonetheless, surprisingly few cases involving families with a disabled or chronically ill child appear in the family law case law or scholarly literature. Even where child support and alimony are concerned, these families are seen only at the margins. In my recent article, I …

Chalimony: Seeking Equity Between Parents Of Children With Disabilities And Chronic Illnesses, Karen Czapanskiy

Faculty Scholarship

Many thousands of children experience serious disabling conditions such as autism and debilitating chronic illnesses such as asthma. Caring for these children is often so demanding that caregiving parents cannot remain employed outside the home. Parental resources available to these children are also limited because an unusually high percentage of them live with only one parent. Nonetheless, surprisingly few cases involving families with a disabled or chronically ill child appear in the family law case law or scholarly literature. Even where child support and alimony are concerned, these families are seen only at the margins.

In my recent article, I …

Interpreting The 1997 Amendment To The Idea: Did Congress Intend To Limit The Remedy Of Private School Tuition Reimbursement For Disabled Children?, Emily S. Rosenblum

Fordham Law Review

The Individuals with Disabilities Education Act (IDEA) requires school districts to fund private school placements for disabled children who cannot be educated appropriately in public school. This Note explores the conflict over whether private school tuition reimbursement should be available under the IDEA to parents who place their disabled children in private school without previously receiving special education from a public agency. The conflict hinges on whether a 1997 amendment to the IDEA foreclosed the equitable considerations previously utilized by the courts to determine whether tuition reimbursement was appropriate and limited the remedy to cases where the child previously received …

Revisiting De Jure Educational Segregation: Legal Barriers To School Attendance For Children With Special Health Care Needs, Alison Nodvin Barkoff

Cornell Journal of Law and Public Policy

No abstract provided.

Law, Culture, And Children With Disabilities: Educational Rights And The Construction Of Difference, David M. Engel

Duke Law Journal

No abstract provided.

Beyond Conventional Education: A Definition Of Education Under The Education For All Handicapped Children Act Of 1975, Lauren A. Larson

Law and Contemporary Problems

No abstract provided.

Age Appropriateness As A Factor In Educational Placement Decisions, Evelyn M. Pursley

Law and Contemporary Problems

No abstract provided.

The Role Of Cost In Educational Decisionmaking For The Handicapped Child, Katharine T. Bartlett

Law and Contemporary Problems

No abstract provided.

State Response To The Education For All Handicapped Children Act Of 1975

Law and Contemporary Problems

No abstract provided.

Is Justice Served By Due Process?: Affecting The Outcome Of Special Education Hearings In Pennsylvania, Peter J. Kuriloff

Law and Contemporary Problems

No abstract provided.

Variations On A Theme—The Concept Of Equal Educational Opportunity And Programming Decisions Under The Education For All Handicapped Children Act Of 1975, Judith Welch Wegner

Law and Contemporary Problems

No abstract provided.

Special Education In England And Wales, William G. Buss

Law and Contemporary Problems

No abstract provided.

A Political Method Of Evaluating The Education For All Handicapped Children Act Of 1975 And The Several Gaps Of Gap Analysis, William H. Clune, Mark H. Van Pelt

Law and Contemporary Problems

No abstract provided.

The Allure Of Legalization Reconsidered: The Case Of Special Education, David Neal, David L. Kirp

Law and Contemporary Problems

No abstract provided.

Self-Sufficiency Under The Education For All Handicapped Children Act: A Suggested Judicial Approach, John S. Harrison

Duke Law Journal

No abstract provided.