Education Law Commons^™

Has The Supreme Court’S Schaffer Decision Placed Aburden On Hearing Officer Decision-Making Under Theidea?, Cathy A. Skidmore, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

This article provides a systematic examination of the BOP in hearing officer decisions both before and after Schaffer. Part II examines the legal basis for the BOP both before and after the U.S. Supreme Court decision, resulting in the questions for this study. Part III explains the method used to collect and analyze the data, and Part IV presents the results that answer the specific research questions. Part V discusses those results and the implications of the findings for special education dispute resolution and provides recommendations for further study.

Matter Of Kevin M., Donna A. Napolitano

Touro Law Review

No abstract provided.

From Mainstreaming To Marginalization? Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education, Kerrigan O'Malley

Law Student Publications

As a basic construct for recommending measures to correct the prevailing inequities in special education, this comment examines the de facto segregation impact IDEA stemming from the Supreme Court's interpretive rulings and from the Act's own enforcement norms. The analysis further identifies the equality compromising consequences of specific IDEA provisions and considers prospects for restoring equity to special needs service delivery in these areas, with a particular focus on tuition reimbursement for private school. Respecting the historical alignment of the law of race discrimination in education and the law of disability education rights, the analysis identifies inequities that prevail at …

Schooling The Police: Race, Disability, And The Conduct Of School Resource Officers, Amanda Merkwae

Michigan Journal of Race and Law

On March 25, 2015, police officers effectuated a violent seizure of a citizen in Kenner, Louisiana: [T]he police grabbed her by the ankles and dragged her away [from the tree]. . . . [She was] lying face down on the ground, handcuffed with her face pressed so closely to the ground that she was having difficulty breathing due to the grass and dirt that was so close to her nose and mouth. An officer was kneeling on top of her, pinning her down with a knee squarely in [her] back. Several other officers, as well as several school administrators, stood …

Rethinking Special Education's "Least Restrictive Environment" Requirement, Cari Carson

Michigan Law Review

The federal Individuals with Disabilities Education Act promotes the education of students with disabilities together with their nondisabled peers, requiring education in the “least restrictive environment” (“LRE”). This requirement has long been subject to competing interpretations. This Note contends that the dominant interpretation—requiring education in the least restrictive environment available—is deficient and allows students to be placed in unnecessarily restrictive settings. Drawing from child mental health law, this Note proposes an alternative LRE approach that requires education in the least restrictive environment needed and argues that this alternative approach is a better reading of the law.

An Idea For Special Education: Why The Idea Should Have Primacy Over The Ada In Adjudicating Education Claims For Students With Disabilities, Angela Estrella-Lemus

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

An “Idea” To Consider: Adopting A Uniform Test To Evaluate Compliance With The Idea’S Least Restrictive Environment Mandate, Sarah Prager

NYLS Law Review

No abstract provided.

The Disability Cliff, Samuel R. Bagenstos

Articles

We’re pretty good about caring for our disabled citizens—as long as they’re children. It’s time to put equal thought into their adulthoods.

California Year In Review: 2013 Special Education Alj Decisions, Ruth Colker

Journal of the National Association of Administrative Law Judiciary

This article reviews 74 special education cases decided by California ALJs between January 1, 2013 and December 11, 2013. The author concludes that the ALJs provided stingy relief even when students prevailed, there was often unsuccessful litigation on behalf of a student following the termination of a consent decree or court order, many of the cases reflected negative attitudes towards the mothers of the student, and school districts often preferred more restrictive placements than the parent/student. Not surprisingly, students faced very unfavorable outcomes when they were not represented by a lawyer.

Special Kids, Special Parents, Special Education, Karen Syma Czapanskiy

University of Michigan Journal of Law Reform

Many parents are raising children whose mental, physical, cognitive, emotional, or developmental issues diminish their capacity to be educated in the same ways as other children. Over six million of these children receive special education services under mandates of the Individuals with Disabilities Education Act, called the IDEA. Once largely excluded from public education, these children are now entitled to a “free appropriate public education,” or FAPE. This Article argues that the promise of the IDEA cannot be realized unless more attention is paid to the child’s parents. Under the IDEA, as in life, the intermediary between the child and …

Special Kids, Special Parents, Special Education, Karen Syma Czapanskiy

Faculty Scholarship

Many parents are raising children whose mental, physical, cognitive, emotional, or developmental issues diminish their capacity to be educated in the same ways as other children. Over six million of these children receive special education services under mandates of the Individuals with Disabilities Education Act, called the IDEA. Once largely excluded from public education, these children are now entitled to a free appropriate education. In this article, I argue that the special education system must begin to pay attention to the needs of parents if it is going to fully serve the children. In particular, the system needs to support …

Advocates, Federal Agencies, And The Education Of Children With Disabilities, Eloise Pasachoff

Georgetown Law Faculty Publications and Other Works

The aim of this essay, prepared for a symposium on dispute resolution in special education held at The Ohio State University Moritz College of Law in February 2014, is to highlight ways that advocates for children with disabilities can use federal agencies to improve the implementation and enforcement of federal laws protecting children with disabilities in schools—that is, the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act as it relates to schools.

One can spend a lot of time engaging with the contemporary public conversation about the law surrounding …

“Appropriate” Decisions Under The Individuals With Disabilities Education Act, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Adjudicative Remedies For Denials Of Fape Under The Idea, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Procedures And Remedies Under Section 504 And The Ada For Public School Children With Disabilities, Mark C. Weber

Journal of the National Association of Administrative Law Judiciary

Much has been written about procedures and remedies under the Individuals with Disabilities Education Act, but few scholars have explored procedural rights and corresponding mechanisms of administrative and judicial relief for victims of public schools' violations of children's rights under section 504 of the Rehabilitation Act of 1973 and title II of the Americans with Disabilities Act. This paper will discuss the administrative procedures that must be followed in hearings regarding complaints of violations of those laws by public school districts and the relief that hearing officers and courts may provide. It will begin with an update on developments regarding …

The Helter Skelter World Of Idea Eligibility For Specific Learning Disability: The Clash Of Response-To-Intervention And Child Find Requirements, Torin D. Togut, Jennifer E. Nix

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

It's Time For An Alternative Dispute Resolution Procedure, S. James Rosenfeld

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Disabled Students' Rights Of Access To Charter Schools Under The Idea, Section 504 And The Ada, Robert A. Garda Jr.

Journal of the National Association of Administrative Law Judiciary

Charter schools are under increasing attack for denying admission to disabled students. But traditional schools also turn away disabled students, often preventing them from attending schools in their neighborhood or within their district. This Article discusses when a school is permitted under federal disability law to deny admission to a disabled student. After nearly four decades of special education jurisprudence and regulatory guidance, the circumstances under which a student with a disability may be denied admission to a particular school are still remarkably unclear. This Article first discusses the ‘zero-reject‘ principle underlying the Individuals with Disabilities Education Act and concludes …

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.

Creeping Judicialization In Special Education Hearings?: An Exploratory Study, Perry A. Zirkel, Zorka Karanxha, Anastasia D'Angelo

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Scales Tip In Favor Of Parents In Winkelman V. Parma City School District, Nidya Aldana Paredes

Journal of the National Association of Administrative Law Judiciary

This case note presents a thorough examination of the Supreme Court's recent opinion in Winkelman and its effect on parents and school districts involved in special education law. Part II relates the historical background of special education law with an emphasis on the role of parents. In Part III the facts of the Winkelman decision are summarized. Part IV sets forth an analytical critique of the Supreme Court majority and dissenting opinions. Then Part V of the article contains the impact of the Winkelman decision on special education law in general and on parents and school districts. Part VI concludes …

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. …

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 …

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

Articles

To read the Individuals with Disabilities Education Act (IDEA) is to be impressed with the ambition and promise of special education. The statute guarantees disabled students a "free appropriate public education" (FAPE) in the "least restrictive environment." At the core of this guarantee lies an entitlement for the parents of a disabled child to collaborate with teachers and school administrators to craft an educational program that is both tailored to the child's unique needs and designed to help her make progress in her education. This entitlement, and the IDEA generally, represents an enormous advance for children with disabilities--a community that, …

Special Education Year In Review: What's New Legally And So What For Us?, Lynwood E. Beekman

Touro Law Review

No abstract provided.

Cooperative Federalism Post-Schaffer: The Burden Of Proof And Preemption In Special Education, Lara Gelbwasser Freed

Cornell Law Faculty Publications

Systemic Compliance Complaints: Making Idea's Enforcement Provisions A Reality, Monica Costello

University of Michigan Journal of Law Reform

Since the passage of what is now known as the Individuals with Disabilities Education Act ("IDEA") in 1975, this country has recognized the importance of providing appropriate educational services to students with disabilities. When a school district fails to provide these services, an organization can file a compliance complaint with the state's designated education agency to investigate the violation. This Note uses California as a case study and argues that state education agencies should be required to investigate systemic violations, even when the names of affected students are not provided. To effectively protect the rights of students with disabilities and …

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 …