Table Of Content2
FOR INFORMATION:
SAGE Publications, Inc.
2455 Teller Road
Thousand Oaks, California 91320
E-mail: [email protected]
SAGE Publications Ltd.
1 Oliver’s Yard
55 City Road
London EC1Y 1SP
United Kingdom
SAGE Publications India Pvt. Ltd.
B 1/I 1 Mohan Cooperative Industrial Area
Mathura Road, New Delhi 110 044
India
SAGE Publications Asia-Pacifc Pte. Ltd.
3 Church Street
#10-04 Samsung Hub
Singapore 049483
Acquisitions Editor: Reid Hester
Editorial Assistant: Sarita Sarak
Production Editor: Libby Larson
Copy Editor: Erin Livingston
Typesetter: C&M Digitals (P) Ltd.
Proofreader: Barbara Johnson
Indexer: Maria Sosnowski
Cover Designer: Glenn Vogel
Marketing Manager: Terra Schultz
Copyright © 2014 by SAGE Publications, Inc.
All rights reserved. No part of this book may be reproduced or utilized in any form or by any means, electronic or
mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission
in writing from the publisher.
Printed in the United States of America
3
Library of Congress Cataloging-in-Publication Data
Rothstein, Laura F.
Special education law / Laura Rothstein, University of
Louisville, Louis D. Brandeis School of Law; Scott F. Johnson,
Concord Law School.—5th Edition.
pages cm
Includes bibliographical references and index.
ISBN 978-1-4522-4109-8 (paperback : alk. paper) 1. Special education—Law and legislation—United States. I.
Johnson, Scott F. II. Title.
KF4210.R68 2013
344.73’0791—dc23 012049004
This book is printed on acid-free paper.
13 14 15 16 17 10 9 8 7 6 5 4 3 2 1
4
Brief Contents
Preface
Acknowledgments
About the Authors
Cases in Order of Appearance
Cases Alphabetized
Chapter 1 The Legal System and How It Works
Chapter 2 Students With Disabilities: History of the Law
Chapter 3 Statutory Provisions
Chapter 4 The People
Chapter 5 Who Is Protected
Chapter 6 Identification, Evaluation, and Eligibility
Chapter 7 Free Appropriate Public Education
Chapter 8 Individualized Education Program
Chapter 9 Placement and Least Restrictive Environment
Chapter 10 Private School Placements, Residential Placements, and Public School
Choice Programs
Chapter 11 Special Issues With Secondary Students
Chapter 12 Procedural Safeguards
Chapter 13 Discipline
Chapter 14 Americans with Disabilities Act and Section 504 of the Rehabilitation Act
Chapter 15 Remedies
Chapter 16 Special Education Misconduct
Chapter 17 The Status and Future of Special Education Law
Appendix A Education and the American Legal System
Appendix B Sequential Listing of Major Legal Developments for Students With
Disabilities
Appendix C Individualized Education Program
Glossary
5
Index
6
Detailed Contents
Preface
Audience
Organization
Features
New to the Fifth Edition
Ancillary Material
Acknowledgments
About the Authors
Cases in Order of Appearance
Cases Alphabetized
Chapter 1 The Legal System and How It Works
Learning Outcomes
Introduction
State and Federal Laws
The United States Constitution and State Constitutions
Statutes
Regulations and Guidelines
Case Law
Administrative Decisions and Opinions
The Judicial System
Regulatory Decision Making
Relationship of Constitutional Law, Statutory Law, Regulatory Law, and Case Law in
the Development of Special Education Laws
Summary
Questions for Reflection
Key Terms
Web Resources
Notes
Chapter 2 Students With Disabilities: History of the Law
Learning Outcomes
Special Education Before the 1970s
A Constitutional and Political Framework for Change
Statutory Responses
The Individuals with Disabilities Education Act
State Statutes
7
Section 504 of the Rehabilitation Act
The Americans with Disabilities Act
Summary
Questions for Reflection
Key Terms
Web Resources
Notes
Chapter 3 Statutory Provisions
Learning Outcomes
Section 504 of the Rehabilitation Act
Who Is Protected Under Section 504?
What Programs Are Covered?
The Americans with Disabilities Act
Section 504 and the Americans with Disabilities Act and Application to Special
Education Settings
Who Is Covered?
Otherwise Qualified
Reasonable Accommodation
Architectural Barrier Issues
The Individuals with Disabilities Education Act
The Funding Mechanism
The Substance of Special Education
Procedural Safeguards Under the IDEA
No Child Left Behind
Student Education Statutes
Student Education Records Laws
What Constitutes an Education Record?
Access and Accuracy
Remedying FERPA Violations
Notice Requirements
Educational Records in IDEA Procedures
Other Relevant Laws
Student Health Record Laws
Tort and Contract Law
Summary
Questions for Reflection
Key Terms
Web Resources
Notes
8
Chapter 4 The People
Learning Outcomes
Students
Categorization
Gaps in Coverage
Parents
Who Are Parents?
The Role of Parents
Educators
Teachers
Administrators
Other Personnel
Related Service Providers
Advocates
Decision Makers
Summary
Questions for Reflection
Key Terms
Web Resources
Notes
Chapter 5 Who Is Protected
Learning Outcomes
Constitutionally Based Cases
Classification of Individuals With Disabilities
Heightened Scrutiny for Education
Cases Under the IDEA
What Is a Disability?
Age Eligibility
Section 504 and the Americans with Disabilities Act and Application to Special
Education Settings
Who Is Covered
Otherwise Qualified
Reasonable Accommodation
Architectural Barrier Issues
Special Situations
Gifted Students
Students in Private Schools
Incarcerated Juveniles
Students With Learning Disabilities and Related Disabilities
9
Students Who Are Emotionally Disturbed or Socially Maladjusted
Infants and Toddlers and Preschool Children
“Uneducable” Children
Summary
Questions for Reflection
Key Terms
Web Resources
Notes
Chapter 6 Identification, Evaluation, and Eligibility
Learning Outcomes
Identification—The Beginning of the Special Education Process
Group Screenings and Assessments
Team Meeting
Obtaining Consent to an Evaluation
Evaluation Procedures and Limitations
Protection Against Discrimination
Payment for Evaluations
Independent Evaluations
Reevaluation
Eligibility
General Requirements and Evolving Standards
Specific Learning Disabilities and Response to Intervention (RTI)
General Requirements for Identifying Learning Disabilities
Response to Intervention (RTI)
Eligibility Determination
Summary
Questions for Reflection
Key Terms
Web Resources
Notes
Chapter 7 Free Appropriate Public Education
Learning Outcomes
The Rowley Standard
Extended School Year (ESY) Services
Cost Issues
What Expenses Are Covered Under the IDEA?
Budgetary Constraints on Educational Agencies
Which Public Agency Is Responsible?
State Versus Local Agency Responsibility
10
