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Direct linkZirkel, Perry A. – TEACHING Exceptional Children, 2009
In this article the author provides legal explanations to the following concerns: (1) Free Appropriate Public Education (FAPE) and Individualized Education Programs (IEPs); (2) Functional Behavior Assessments (FBAs) and Behavior Intervention Plans (BIPs); (3) Manifestation Determinations under Individuals with Disabilities Education Act (IDEA);…
Descriptors: Individualized Education Programs, Individualized Programs, Disabilities, Individualized Instruction
Download full textRader, Lacie – Journal of the American Academy of Special Education Professionals, 2010
The author describes her experience as special education teacher at Berkeley High School (BHS), an urban school with over three thousand students, and how she began to question the way the school defines disability. The diversity of any large urban school has its benefits, but the size itself will always be the downfall when the school focuses on…
Descriptors: Special Education, Special Education Teachers, Urban Schools, High Schools
Prunty, Anita – Irish Educational Studies, 2011
The concept of children's rights evolved during the 1980s giving prominence to the role of children as active participants in the construction of their lives. The rhetoric of children's rights has emerged as an important consideration in all policy and practice relating to children. Implementation of children's rights in practice is necessary to…
Descriptors: Student Participation, Self Determination, Autism, Childrens Rights
Polansky, Harvey B. – School Business Affairs, 1994
Inclusion advocates support heterogeneous programs where special education students are educated within the confines of a regular educational classroom. An array of services are provided that are coordinated across educational and community agency personnel. Districts must make sure the students are ready to be included, the staff is trained, and…
Descriptors: Compliance (Legal), Disabilities, Elementary Secondary Education, Federal Legislation
Peer reviewedSarzynski, Edward J. – West's Education Law Reporter, 1988
The Supreme Court's decision in "Honig v. Doe" indicates that a suspension of a dangerous handicapped student of up to 10 school days is valid. Decisions regarding the disciplining of handicapped students will have to be made on a case-by-case basis. Legal counsel should be sought. (MLF)
Descriptors: Court Litigation, Disabilities, Discipline, Elementary Secondary Education
Peer reviewedWalther-Thomas, Chriss; Brownell, Mary T. – Intervention in School and Clinic, 1998
Dr. Mitchell Yell, an expert in special-education law, is interviewed on the 1997 amendments to the Individuals with Disabilities Education Act that will affect the discipline of students with disabilities. He addresses suspension and expulsion of students with disabilities, the required manifestation determination hearing, and…
Descriptors: Behavior Problems, Disabilities, Discipline Policy, Educational Legislation
Peer reviewedGerardi, Robert J.; And Others – Journal of the Association for the Study of Perception, 1983
Charges that the individualized education plan required by the Education for All Hancicapped Children Act (P.L. 94-142) requires too much time and paperwork, although its philosophy is educationally sound. Suggests that less parental involvement in subsequent I.E.P.'s would be less restrictive. (JAC)
Descriptors: Committees, Elementary Secondary Education, Equal Education, Individualized Education Programs
Peer reviewedWhitted, Brooke R. – West's Education Law Reporter, 1991
A New Hampshire school district denied a special education program to a severely handicapped and profoundly retarded child. The Court of Appeals ruled in favor of the child. Reviews the legal history of "Timothy W. et al. v. Rochester et al." Advises school districts of actions to take to avoid such cases. (30 references) (MLF)
Descriptors: Court Litigation, Disabilities, Elementary Secondary Education, Equal Education
Thomas, Stephen B. – 1985
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…
Descriptors: Court Litigation, Disabilities, Due Process, Elementary Secondary Education
Peer reviewedYell, Mitchell L.; Katsiyannis, Antonis; Drasgow, Erik; Herbst, Maria – Focus on Autism and Other Developmental Disabilities, 2003
This article extrapolates principles from litigation concerning students with autistic spectrum disorders (ASD) and the Individuals with Disabilities Education Act to establish guidelines for individualized education program teams developing appropriate special education programs for students with ASD. Principles address free, appropriate public…
Descriptors: Autism, Compliance (Legal), Court Litigation, Due Process
Johns, Bev – 2001
This paper reviews provisions of the Individuals with Disabilities Education Act (IDEA) and findings from court cases regarding behavioral intervention plans (BIPs) for students with disabilities. The following eight recommendations are provided for school districts as they strive to implement the behavioral intervention provisions of IDEA and…
Descriptors: Behavior Disorders, Behavior Modification, Behavior Problems, Compliance (Legal)
McCarthy, Martha M. – West's Education Law Quarterly, 1994
Provides a brief overview of the legal context of litigation regarding whether children with disabilities are entitled to be placed in the regular education program with supplemental aids and services. Examines federal circuit rulings since 1990 that highlight the complexities involved. (39 footnotes) (MLF)
Descriptors: Ancillary School Services, Compliance (Legal), Court Litigation, Disabilities
Peer reviewedGodsell, Edward J. – B.C. Journal of Special Education, 1993
The Special Education Tribunals, established in Ontario (Canada) as an appeals adjudication structure, have expanded the educational rights of exceptional children beyond the rights legislated in the Education Act 1980. School boards are required to consider the child's needs, the program of studies, the teaching methodology, and the philosophy of…
Descriptors: Compliance (Legal), Court Litigation, Delivery Systems, Disabilities
Thomas, Stephen B. – 1985
Handicapped students are now protected by specific statutes in addition to the broad constitutional protection offered all students. As the number of related statutes, regulations, and case law decisions grew, assimilation became increasingly difficult. This publication attempts to meet educators' need for a succinct guide in special education…
Descriptors: Athletics, Board of Education Policy, Court Litigation, Disabilities
