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Special Education Law Annual Review 2021
Special Education Law Annual Review 2021
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Description
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.
Table of Contents
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3.3 Published and Unpublished Decisions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
Product details
Published | Nov 02 2022 |
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Format | Ebook (PDF) |
Edition | 1st |
Extent | 1 |
ISBN | 9798765180600 |
Imprint | Rowman & Littlefield Publishers |
Illustrations | 4 b/w illustrations;15 tables |
Series | Special Education Law, Policy, and Practice |
Publisher | Bloomsbury Publishing |
About the contributors
Reviews
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Special Education Law Annual Review 2021, authored by Bateman, Yell, and Brady, provides an incredible summary of major legal requirements for schools serving students with disabilities as well as a primer on dispute resolution and updated policy letters from the U.S. Department of Education. The up-to-date summary of legal cases provides the reader with a trove of real-life cases that can easily have application to individual schools and school districts. Readers can easily find cases that are applicable to their own districts, since this book is organized around specific legislative requirements. This book provides a comprehensive review of circuit and U.S. Courts of Appeals cases dealing with students with disabilities and IDEA and Section 504. It is unlikely that there is another source that provides such detailed and useful information for practitioners and administrators in an easily readable and researchable format.
Tom E. C. Smith, University of Arkansas
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There are many special education law texts on the market containing statutory and case law regarding special education.I have never, however, seen such a comprehensive guide containing OCR (Office for Civil Rights) communications, instruction, and information on special education procedures such as due process hearings, an exhaustive list of cases from all circuits, and information on how to search for special education cases—and one so timely that it addresses the problems caused by COVID-19 for special education instruction. The most difficult aspect of teaching special education law is to cut through the very technical verbiage and provide practical information and advice. Bateman, Yell, and Brady have accomplished this through their inclusion of the policy behind the law and evidence-based practice examples to guide educators to ensure they are able to serve some of the most vulnerable; a population that continues to increase. Special Education Law Annual Review is an excellent resource to help current and future educators to respond to those issues through the novel and comprehensive contents of this work.
Elizabeth Timmerman Lugg, JD, PhD, Illinois State University
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Bateman, Yell & Brady have added to their Special Education Law, Policy, and Practice series, providing the most up to date review of special education law. Comprehensive yet easy to understand for all professionals, this is a significant book for all educators, not just those that serve students with disabilities.
Vicki A. McGinley, West Chester University
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This book is original and relevant for anyone in special education or for those teaching future special educators. The best part is the case summaries, which gives the reader a quick brief of current cases including the issue, facts, ruling, and significance to special educators. This book would make an excellent supplement to any special education law class and would also be valuable to those looking to stay current on special education case law.
Midge Simmons, Wayne State College Nebraska
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This book is a critical publication for anyone in or working with children and families receiving special education services or supports. As either a foundational or supplemental material, the Special Education Law Annual Review makes keeping up with current legal and political contexts in the field easy. This is an absolute must for teachers and administrators, and is written in a way that is accessible to many other professions.
Chelsea Morris, University of West Georgia
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This book presents a well-studied and analyzed approach, a real focus on how the latest events affect the development of special education services and/or how these may vary according to the application of the law, and a detailed and specific structure of information by importance and relevance.
Lyliana Rivera, NOVA Southeastern University and Caribbean University