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Direct linkYell, Mitchell L.; Katsiyannis, Antonis; Ennis, Robin Parks; Losinski, Mickey; Bateman, David – TEACHING Exceptional Children, 2020
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…
Descriptors: Students with Disabilities, Student Placement, Individualized Education Programs, Decision Making
O'Brien, Shawn K. – Communique, 2018
This past March, the Supreme Court issued a decision, "Endrew F. v. Douglas County School District RE-1," that has the potential to change the definition of "appropriate" in what constitutes a free and appropriate education (FAPE), at least within some U.S. jurisdictions. This article briefly summarizes the ruling, with a focus…
Descriptors: School Psychologists, School Psychology, Court Litigation, Educational Legislation
Zirkel, Perry A. – TEACHING Exceptional Children, 2020
Teachers and parents often find special education law complex and confusing. As one step for a basic foundation in special education law, a previous "TEACHING Exceptional Children" article (Zirkel, 2005) provided a snapshot of the "top five case concepts" based on 10 decisions from the Supreme Court. Each of these decisions…
Descriptors: Special Education, Educational Legislation, Students with Disabilities, Disabilities
Hill, Doris Adams; Hill, Stephanie J. – Preventing School Failure, 2012
The authors examined 62 court cases occurring in 2009 from the LexisNexis database regarding students, ages 3-21 years, with various forms of autism spectrum disorder and violations to the Individuals with Disabilities Education Act. They analyzed procedural and substantive violations to the Individuals with Disabilities Education Act and the…
Descriptors: Autism, Disabilities, Public Education, Federal Legislation
Rozalski, Michael; Stewart, Angie; Miller, Jason – Exceptionality, 2010
The Individuals with Disabilities Education Act (IDEA) requires that students with disabilities be educated with peers without disabilities "to the maximum extent appropriate." When the individualized education program (IEP) team is reviewing the student's current performance, establishing the student's goals, and determining the services that the…
Descriptors: Individualized Education Programs, Disabilities, Special Needs Students, Mainstreaming
Etscheidt, Susan – Topics in Early Childhood Special Education, 2006
Providing appropriate programs for young children with disabilities is a priority of the Individuals with Disabilities Education Act of 1990 (IDEA), recently reauthorized as the Individuals with Disabilities Education Improvement Act (IDEIA) of 2004. The IDEIA requires that programs be provided in natural or least restrictive environments, and…
Descriptors: Court Litigation, Young Children, Placement, Individualized Instruction
Hilton, Alan – 1994
Inclusion of students with disabilities, especially those with mental retardation, has come to mean the placement of all students in general education classrooms, sometimes with limited planning for the individual needs of each student. Several court cases, laws, and movements have brought about the level of inclusion that exists today. However,…
Descriptors: Court Litigation, Educational Change, Educational Legislation, Educational Planning
Wasserman, Diana R. – 1979
Intended for direct service special education personnel, the paper traces the origin of the Education for All Handicapped Children Act (P.L. 94-142); examines the legislation and litigation which preceded its enactment; discusses its funding mechanism; reviews its relationship to Section 504 of the Rehabilitation Act of 1973; and looks at several…
Descriptors: Court Litigation, Due Process, Educational Diagnosis, Educational Finance
Savage, David G. – 1977
In describing the implications for public schools of P.L. 94-142, The Education for All Handicapped Children Act. The booklet cites reactions of local and state administrators, supervisors, and classroom teachers. The first chapter details the content of P.L. 94-142, provides comments from lawmakers and educators, and lists questions and answers…
Descriptors: Administration, Architectural Barriers, Civil Liberties, Court Litigation
Ober, Edward M.; Perine, Joseph P. – 1978
The illustrated pamphlet briefly reviews the laws relevant to the obligations of those responsible for educating, habilitating, and employing hearing impaired developmentally disabled persons. Aspects discussed include the Education for All Handicapped Children Act (P.L. 94-142), Sections 503 and 504 of the Rehabilitation Act of 1973, federal…
Descriptors: Affirmative Action, Court Litigation, Developmental Disabilities, Educational Finance
Advocacy, Inc., Austin, TX. – 1979
Intended for parents, the manual discusses in detail the education of handicapped children, with a focus on the state of Texas. Section 1 provides basic information and covers such aspects as basic laws and regulations--including the Education for All Handicapped Children Act (P.L. 94-142), case law, and Section 504 of the Rehabilitation Act of…
Descriptors: Confidentiality, Court Litigation, Discipline, Due Process
Peer reviewedMartin, Edwin W.; And Others – Future of Children, 1996
Presents a historical overview of state and federal legislation concerning special education, describes how court litigation has defined the constitutional rights of the disabled to access education, and outlines the provisions of the Individuals with Disabilities Education Act (IDEA). The procedural safeguards of the IDEA also are outlined,…
Descriptors: Access to Education, Civil Rights, Constitutional Law, Court Litigation
Dowling-Sendor, Benjamin – American School Board Journal, 1998
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…
Descriptors: Autism, Court Litigation, Disabilities, Elementary Education
Marshall, William J. A. – 1978
The paper reviews judicial rulings regarding labeling, due process in placement, and right to education for handicapped students with emphasis on the hearing impaired. Statutes and regulations guaranteeing rights to the handicapped are discussed. The issues surrounding the individualized education program and the least restrictive environment…
Descriptors: Civil Liberties, Civil Rights, Court Litigation, Deafness
Zirkel, Perry A. – Phi Delta Kappan, 2004
Adam Coolidge lives with his parents in the Riverdale Local School District, which is in rural northwestern Ohio. In spring 1996, prior to enrolling Adam in kindergarten, his parents met with district representatives to discuss moving him from an early intervention program under the Individuals with Disabilities Education Act (IDEA). His…
Descriptors: Disabilities, Workers Compensation, Individualized Education Programs, Inclusive Schools
