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This second installment of Special Education Law Annual Review provides a comprehensive look at the most recent policies and procedure updates, guidelines, and changes in special education law, including cases heard by the US Court of Appeals and policy letters issued by the US Department of Education in 2021. In addition to online resources, this book includes relevant case studies based on the most recent special education rulings.
This second installment of Special Education Law Annual Review provides a comprehensive look at the most recent policies and procedure updates, guidelines, and changes in special education law, including cases heard by the US Court of Appeals and policy letters issued by the US Department of Education in 2021. In addition to online resources, this book includes relevant case studies based on the most recent special education rulings.
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Autorenporträt
David F. Bateman, PhD, is a Principal Researcher at the American Institutes for Research, and Professor Emeritus at Shippensburg University of Pennsylvania. He is a former due process hearing officer for Pennsylvania for hundreds of hearings. He uses his knowledge of litigation relating to special education to assist school districts in providing appropriate supports for students with disabilities and to prevent and to recover from due process hearings. He has been a classroom teacher of students with learning disabilities, behavior disorders, intellectual disability, and hearing impairments, and a building administrator. Dr. Bateman earned a PhD in special education from the University of Kansas. Over the past 28 years he has either been a hearing officer or consultant on over 1,005 special education lawsuits. He frequently is a keynote presenter at principal and administrator conferences. He has recently co-authored the following books: A Principal's Guide to Special Education, A Teacher's Guide to Special Education, Charting the Course: Special Education in Charter Schools, Special Education Leadership: Building Effective Programming in Schools, Current Trends and Legal Issues in Special Education, and A School Board Members Guide to Special Education. He has also recently worked as the neutral fact-finder in the class action lawsuit involving the Oregon Department of Education. After the 2017 Supreme Court decision in Endrew F., the U.S. Department of Education reached out to him to develop a training module for administrators on legally compliant IEPs. He is co-author of the special education legal blog:SPEDLAWBLOG.com
Inhaltsangabe
Introduction 1 The US Department of Education, the IDEA, and Section 504 2 Policy Letters from the US Department of Education 2.1 Dear Colleague Letters 2.2 Guidance from the Office of Special Education Programs (OSEP) 3 A Primer on Dispute Resolution Under the IDEA and Section 504 3.1 Dispute Resolution 3.2 Special Education Disputes in the Federal Court System 3.3 Published and Unpublished Decisions 3.4 Researching Cases Online 4 Topics Covered by US Courts of Appeals in 2021 4.1 504 Implementation 4.2 Attorney's Fees 4.3 Cause of Action 4.4 Charter Schools 4.5 Child Find 4.6 Coronavirus 4.7 Corporal Punishment 4.8 Deliberate Indifference 4.9 Discrimination 4.10 Eligibility 4.11 Emotional Disturbance 4.12 Evaluation 4.13 Fourth Amendment Rights 4.14 Free Appropriate Public Education 4.15 Frivolous Lawsuit 4.16 Exhaustion of Administrative Remedies 4.17 Harassment 4.18 Homebound 4.19 Identification 4.20 IEP 4.21 Independent Educational Evaluations 4.22 Initial IEP 4.23 IQ Testing 4.24 Judicial Review 4.25 Jurisdiction 4.26 Maintenance of Program 4.27 Masks 4.28 Mootness 4.29 Paraprofessional 4.30 Private School Reimbursement 4.31 Procedural Matters 4.32 Procedural Violations 4.33 Qualified Immunity 4.34 Referral 4.35 Relationship between Conduct and Disability 4.36 Retaliation 4.37 Safety 4.38 Settlement Agreements 4.39 Sexual Assault 4.40 Stay Put 5 Case Summaries by Circuit 5.1 Summary of a Ruling by the US Supreme Court 5.2 Summaries of Rulings from the US Court of Appeals for the Second Circuit 5.3 Summaries of Rulings from the US Court of Appeals for the Third Circuit 5.4 Summaries of Rulings from the US Court of Appeals for the Fourth Circuit 5.5 Summaries of Rulings from the US Court of Appeals for the Fifth Circuit 5.6 Summaries of Rulings from the US Court of Appeals for the Sixth Circuit 5.7 Summaries of Rulings from the US Court of Appeals for the Ninth Circuit 5.8 Summaries of Rulings from the US Court of Appeals for the Tenth Circuit 5.9 Summaries of Rulings from the US Court of Appeals for the Eleventh Circuit 6 Case Studies 6.1 How Much Supervision Is Enough? 6.2 Providing Services 6.3 How Much Progress Monitoring? 6.4 How Much Is a Request? 6.5 The IDEA's "Child Find" Provision: Whose Legal Responsibility Is It? 6.6 Is There a Preference for Mediation-Based Approaches to Special Education Disputes? Glossary of Legal Terms References Index About the Authors
Introduction 1 The US Department of Education, the IDEA, and Section 504 2 Policy Letters from the US Department of Education 2.1 Dear Colleague Letters 2.2 Guidance from the Office of Special Education Programs (OSEP) 3 A Primer on Dispute Resolution Under the IDEA and Section 504 3.1 Dispute Resolution 3.2 Special Education Disputes in the Federal Court System 3.3 Published and Unpublished Decisions 3.4 Researching Cases Online 4 Topics Covered by US Courts of Appeals in 2021 4.1 504 Implementation 4.2 Attorney's Fees 4.3 Cause of Action 4.4 Charter Schools 4.5 Child Find 4.6 Coronavirus 4.7 Corporal Punishment 4.8 Deliberate Indifference 4.9 Discrimination 4.10 Eligibility 4.11 Emotional Disturbance 4.12 Evaluation 4.13 Fourth Amendment Rights 4.14 Free Appropriate Public Education 4.15 Frivolous Lawsuit 4.16 Exhaustion of Administrative Remedies 4.17 Harassment 4.18 Homebound 4.19 Identification 4.20 IEP 4.21 Independent Educational Evaluations 4.22 Initial IEP 4.23 IQ Testing 4.24 Judicial Review 4.25 Jurisdiction 4.26 Maintenance of Program 4.27 Masks 4.28 Mootness 4.29 Paraprofessional 4.30 Private School Reimbursement 4.31 Procedural Matters 4.32 Procedural Violations 4.33 Qualified Immunity 4.34 Referral 4.35 Relationship between Conduct and Disability 4.36 Retaliation 4.37 Safety 4.38 Settlement Agreements 4.39 Sexual Assault 4.40 Stay Put 5 Case Summaries by Circuit 5.1 Summary of a Ruling by the US Supreme Court 5.2 Summaries of Rulings from the US Court of Appeals for the Second Circuit 5.3 Summaries of Rulings from the US Court of Appeals for the Third Circuit 5.4 Summaries of Rulings from the US Court of Appeals for the Fourth Circuit 5.5 Summaries of Rulings from the US Court of Appeals for the Fifth Circuit 5.6 Summaries of Rulings from the US Court of Appeals for the Sixth Circuit 5.7 Summaries of Rulings from the US Court of Appeals for the Ninth Circuit 5.8 Summaries of Rulings from the US Court of Appeals for the Tenth Circuit 5.9 Summaries of Rulings from the US Court of Appeals for the Eleventh Circuit 6 Case Studies 6.1 How Much Supervision Is Enough? 6.2 Providing Services 6.3 How Much Progress Monitoring? 6.4 How Much Is a Request? 6.5 The IDEA's "Child Find" Provision: Whose Legal Responsibility Is It? 6.6 Is There a Preference for Mediation-Based Approaches to Special Education Disputes? Glossary of Legal Terms References Index About the Authors
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