Disability Law Commons^™

California Hearing Officer Decisions, Ruth Colker

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

School Districts And Families Under The Idea: Collaborative In Theory, Adversarial In Fact, Debra Chopp

Journal of the National Association of Administrative Law Judiciary

This article highlights the myriad forces that impede the realization of the IDEA's goals. Part II gives an overview of the history of special education and the special education process under the IDEA, particularly as it relates to the cooperative development of an individualized education program (IEP) for a disabled child. Part III examines features of the special education process that operate to the systematic detriment of parents, particularly low-income parents, and prevent them from securing an “appropriate education” for their children. What Part III does is assemble these critiques and add one that has not received attention: the ability …

Have The Amendments To The Individuals With Disabilities Education Act Razed Rowley And Raised The Substantive Standard For "Free Appropriate Public Education?", Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Delineating Administrative Exhaustion Requirements And Establishing Federal Courts' Jurisdiction Under The Individuals With Disabilities Education Act: Lessons From The Case Law And Proposals For Congressional Action , Lewis M. Wasserman

Journal of the National Association of Administrative Law Judiciary

The Individuals with Disabilities Education Act (IDEA), enacted through Congress's Spending Clause Power, is the principal federal statute aimed at insuring that children with disabilities receive a Free Appropriate Public Education (FAPE) in the nation's public schools. The Act has spawned a substantial and growing body of litigation between parents and local and state educational agencies in federal and state courts during the last decade. During this period nearly 20%-21% of these cases have addressed the issue of exhaustion of IDEA's administrative remedies, and the related concern about federal courts' jurisdiction, when the law's exhaustion requirements have not been satisfied. …

School Bullying Victimization As An Educational Disability, Douglas E. Abrams

Faculty Publications

Parts I and II of this essay urge school authorities, parents, and other concerned citizens to perceive bullying victimization as a disability that burdens targeted students. Since 1975, the federal Individuals with Disabilities Education Act (IDEA) has guaranteed “full educational opportunity to all children with disabilities” in every state. The IDEA reaches both congenital disabilities and disabilities that, like bullying victimization, stem from events or circumstances unrelated to biology or birth. To set the context for perceiving bullying victimization as an educational disability, Part I describes the public schools' central role in protecting bullied students, and then briefly discusses the …

No Child Left Behind And Special Education: The Need For Change In Legislation That Is Still Leving Some Students Behind, Stephanie S. Fitzgerald

Law Student Publications

In four parts, this article focuses on NCLB’s negative impact on special education. Part II outlines the provisions of NCLB and examines the differences between NCLB and the Individuals with Disabilities Education Act (“IDEA”). Part III provides a detailed explanation of the existing scholarly opinions in support of, and in disagreement with, NCLB. Part IV discusses the current political landscape and NCLB’s pending reauthorization. Finally, Part V, based on an analysis of the issues plaguing the current system, suggests a solution to improve the existing relationship between special education and NCLB. Furthermore, Part V addresses the positive aspects and possible …

The Sanctioning Authority Of Hearing Officers In Special Education Cases, Salma A. Khaleq

Journal of the National Association of Administrative Law Judiciary

Under the Individuals with Disabilities Education Act (IDEA or the Act), children with disabilities are entitled to a free, appropriate public education (FAPE). The Act provides a procedural safeguard for children and their parents seeking to challenge a state or local educational agency's educational plan for the child in the form of a due process hearing presided over by a hearing officer or an administrative law judge (ALJ). This article describes the current case law concerning the authority of ALJs to sanction parties and attorneys for misconduct during these special education proceedings. Due to the limited number of cases available …

Cedar Rapids Community School District V. Garret F.: A High Price For Equal Education , Kristie Harding

Pepperdine Law Review

No abstract provided.

Bullying Victimization As A Disability In Public Elementary And Secondary Education, Douglas E. Abrams

Faculty Publications

This article discusses two reasons why likening bullying victimization to an educational disability makes sense. First, face-to-face bullying and cyberbullying impose on student victims the sort of educational deprivation that the federal Individuals with Disabilities Education Act (IDEA) addresses in the disabilities arena. Second, today’s belated public sensitivity to school bullying victims resembles the belated public sensitivity to students with disabilities that led to passage of the IDEA in 1975.

Missing The Forest For The Trees: Forest Grove School District V. T.A., Theresa Kraft

The University of New Hampshire Law Review

[Excerpt] “The Individuals with Disabilities Education Act (IDEA) guarantees children who qualify as children with disabilities the right to receive a free appropriate public education (FAPE). There are many points at which parents and school districts may disagree regarding the provision of a FAPE, but as the U.S. Supreme Court has determined in Forest Grove School District v. T.A., when parents and a school district disagree regarding whether children should be identified as children with disabilities, an appropriate remedy could be tuition reimbursement.”

Special Education Law, William H. Hurd, Stephen C. Piepgrass

University of Richmond Law Review

No abstract provided.

Perceptions And Knowledge Of Special Education Law Among Building Administrators In A Selected Georgia School District, Patricia Claire Grasso

Dissertations

The Individuals with Disabilities Education Act (IDEA) has impacted every school district in the United States and significantly altered the role of administrators. Requirements for the administration and supervision of special education have developed exponentially since the enactment of Public Law 94- 142 and its reauthorization as the IDEA.

The purpose of this study was to compare the perceptions and knowledge of building administrators regarding special education law. The following research questions were developed to facilitate this study: (a) is there a difference in the level of knowledge about special education law among building administrators regarding the seven provisions of …

Representing Children With Disabilities: Legal And Ethical Considerations, Kim Brooks Tandy, Teresa Heffernan

Nevada Law Journal

No abstract provided.

Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud

University of Richmond Law Review

No abstract provided.

The Individuals With Disabilities Education Act, Sharon C. Streett

University of Arkansas at Little Rock Law Review

No abstract provided.

Idea - The Third Circuit Sets Its Standards For Interpreting The Mainstreaming Requirement Of The Individuals With Disabilities Education Act, Daniel G. Lyons

Villanova Law Review (1956 - )

No abstract provided.