The goal of this article is to assist individualized education program (IEP) team personnel to not make errors in the placement of students. To do so the authors: (1) describe what a placement decision is and who makes the decision; (2) review the placement requirements of the Individuals With Disabilities Education Act (IDEA, 2006); (3) examine…

Culturally and linguistically diverse families present schools with unique challenges related to eligibility and programming for special education. There has been a dearth in the literature for this population, especially from a legal standpoint. Existing literature has offered scarce information to address the legal rights and responsibilities of…

This paper reviews the Supreme Court's Zebley decision which expanded the definition of disability in young children by including functional equivalence; compares regulations and practices under the Social Security Administration and Part H of the Individuals with Disabilities Education Act; and offers guidelines concerning the intent of the law,…

The 4th Circuit's decision in "Hartman v Loudoun County Board of Education," involving the placement of an 11-year-old autistic child, teaches important lessons about the Individuals with Disabilities Education Act: mainstreaming is a strong preference, not an unyielding requirement; and if educators make active and careful efforts to…

In deciding "Honig v. Doe" the United States Supreme Court held that the unilateral exclusion of a handicapped student for conduct caused by the student's disability, for a period in excess of 10 school days, constitutes a prohibited change of placement. Identifies and discusses seven unanswered questions regarding disciplining…

Delivering appropriate education to severely handicapped students poses unique legal problems for schools. Legal issues involved in actual court cases are reviewed and show that concern over potential liability may be unwarranted if the following areas are understood: what is appropriate education and when is a teacher liable? (MD)

Shows the complexity of special-education programs and the Individuals with Disabilities Education Act (IDEA) due-process requirements and the costs associated with special education. Lists the procedural safeguards for parents under IDEA. (MLF)

This article explicates the current legislation, case law, and administrative law governing the discipline of students with disabilities. Guidelines are offered that divide disciplinary procedures into three categories: permitted, controlled, and prohibited. The role of the Individualized Education Program team in planning proactive disciplinary…

Examines the areas in which educational misconduct involving handicapped students is likely to occur. Argues for accountability for such misconduct and discusses why remediation should be by common law tort action. Explains why the Handicapped Children Act procedures are not appropriate in litigation. (MD)

The Education of the Handicapped Act (EHA), as amended by the Education for All Handicapped Children Act (P.L. 94-142), reflects a long history of state and federal legislation and case law. One of the purposes of the act's revision is to ensure that a free appropriate public education is made available, in the least restrictive environment, to…

The paper explores recent legal and programmatic changes in the education of the handicapped in Massachusetts. A first section highlights some aspects of the law, including court interpretations of the meaning of "appropriate education" and examples of state legal standards that are different than federal standards. Also addressed are…

This book is designed to give special educators, regular educators, and parents the confidence and know-how to develop Individualized Education Programs (IEPs) that are both legally correct and educationally useful. Chapter 1 highlights the five main components of the Individuals with Disabilities Education Act (IDEA): evaluation and…

The issue of suspension and expulsion of special education students is examined to assist state- and local-level administrators. Attention is directed to current local policies and practices and conceptual and legal considerations in the suspension and expulsion of handicapped students. Examples of problems and solutions documented by State…

Reviews and synthesizes court rulings that have expressly discussed the factor of economic cost in considerations of appropriateness of special-education programing. Advises educators to expend their resources in providing appropriate individual special-education programs rather than litigating the costs of those programs. (197 references) (MLF)

This bulletin summarizes provisions of federal law as they pertain to special education and juvenile justice. It discusses provisions of the Individuals with Disabilities Education Act 1997 including: the definition of disability; free appropriate public education; identification, referral, and evaluation; the individualized education program…