Back to the Future: Special Education Law 101 #SpEdLaw101 #disability

We periodically run a series here that is an introduction to special education law. Now seems like a good time to run an updated version of the series. So starting next week we will run the series.

We realize that many of you are new to the field, and we hope that this series will be very useful to you. We also realize that many of you have been in this field a long time, and we hope that this series is a useful refresher for you.

There are a lot of concepts and a bucket full of acronyms, but we find that it helps us ti keep sharp by periodically reviewing the basics. As the series progresses, please let us know what you think of it. Did we cover all important topics.  Did we explain the (Read more...)

Special Education Law 101 – Part XV #BurdenOfPersuasion


This is another in a periodic series on the nuts and bolts of special education law.  The series is intended as an overview of key concepts for beginners and a review for those readers who have been around the block.

The citations for information about due process hearings are:IDEA, § 615(f); 34 C.F.R. § 300.507 to .515

Concerning the burden of persuasion at due process hearings...
  


Schaffer v. Weast 546 U.S. 49, 126 S.Ct. 528, 44 IDELR 150 (2005). The Court held that the burden of persuasion in an IDEA due process hearing is upon the party challenging the IEP.  The “burden of persuasion” involves which party loses if the evidence is closely balanced.&nb (Read more...)

Special Education Law 101 – Part XI #Compensatory Education


 
This is another in our continuing series on the basics of special education law.    If the parents (or adult student) win a due process hearing, the two most common types of relief are compensatory education and reimbursement for a unilateral placement.  Today we will take a hard look at the former remedy.

Compensatory Education

Reid ex rel Reid v. District of Columbia 401 F.3d 516, 43 IDELR 32 (D.C. Cir. 3/25/05).  The D.C Circuit developed a qualitative standard for awards of compensatory education in order to place disabled students in the same position they would have occupied but for the school district’s violation of IDEA.  The (Read more...)

Special Education Law 101 – Part X #UnilateralPlacement


This is another installment in our continuing series on the basics of special education law.  Today we enter the mysterious world of unilateral placements.  If the parents (or adult student) win a due process hearing, the two most common types of relief are compensatory education and reimbursement for a unilateral placement.  Today we will take a hard look at the latter remedy.

Unilateral Placements

In the case of Burlington Sch. Comm. v. Dept. of Educ., et. al. 471 U.S. 359, 105 S.Ct. 1996, 556 IDELR 389 (1985), the Supreme Court was faced with the issue of whether theIDEA permitted courts to award reimbursement to parents when the IEP develop (Read more...)

Special Education Law 101 – Part IX #discipline

This is the most recent post in the continuing series that is meant to be an introduction to special education law.  In today's post we will be discussing discipline of students with disabilities.  People often ask why disciplinary actions are regulated by the special education law.  The reason is that before passage of the law's predecessor, it was common for school officials to exclude children with disabilities by expelling them and giving them long suspensions. This series of abuses was reflected in the legislative history of the law.  
 
Discipline is one area that seems to cause folks to develop stomach problems (sorta like the rule against perpetu (Read more...)

Special Education Law 101 – Part IX #discipline

This is the most recent post in the continuing series that is meant to be an introduction to special education law.  In today's post we will be discussing discipline of students with disabilities.  People often ask why disciplinary actions are regulated by the special education law.  The reason is that before passage of the law's predecessor, it was common for school officials to exclude children with disabilities by expelling them and giving them long suspensions. This series of abuses was reflected in the legislative history of the law.  
 
Discipline is one area that seems to cause folks to develop stomach problems (sorta like the rule against perpetu (Read more...)

Special Education Law 101 – Part IX #discipline

This is the most recent post in the continuing series that is meant to be an introduction to special education law.  In today's post we will be discussing discipline of students with disabilities.  People often ask why disciplinary actions are regulated by the special education law.  The reason is that before passage of the law's predecessor, it was common for school officials to exclude children with disabilities by expelling them and giving them long suspensions. This series of abuses was reflected in the legislative history of the law.  
 
Discipline is one area that seems to cause folks to develop stomach problems (sorta like the rule against perpetu (Read more...)

Special Education Law 101 – Part VIII #transition

This is the most recent post in the continuing series on  an introduction to special education law.  The series is meant to be a solid introduction for newbies as well as a good review for seasoned special ed law vets. In today's post we will be discussing the transition services that must be given when a special education student nears graduation.


  Transition

              The IDEA defines transition services as a coordinated set of activities designed to be a results oriented process that focuses upon the individual child’s needs, strengths and preferences.  IDEA, § 602 (34).  Not l (Read more...)

Special Education Law 101 – Part VII #RelatedServices

This is another post in our current series introducing readers to special education law's key concepts.  Today's post is about related services. This phrase is almost always preceded by "special education and..."

Let me know if you are enjoying this series. For some it is an introduction.  For others it is a chance to brush up on the key concepts...

Related Services

The IDEA defines related services as follows:

(A)  IN GENERAL- The term ‘related services’ means transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical (Read more...)

Special Education :aw 101 – Part VI #IEP

Our series providing an introduction to special education law continues.  Previous posts have introduced the two basic concepts underlying IDEA, free and appropriate education and least restrictive environment.  Last week we discussed eligibility and identification.  Today we will look at selected IEP issues.

The Individualized Educational Plan (hereafter sometimes referred to as “IEP”) is at the heart of the Individuals with Disabilities Education Act, 20 U.S.C. Section 1400, et seq (hereafter sometimes referred to as the “IDEA”.) In the seminal decision of in Board of Educ., Hendrick Hudson Central Sch. Dist. v. Rowley, 455 U.S. 175, 102 S.Ct. 3034, 3038, 553 IDELR 656 (1982) (Read more...)