Special Education Law Annual Review 2021

This practical, current text provides a comprehensive look at the most recent policies and procedure updates, guidelines, and changes in special education law, including topics covered by the US Court of Appeals and policy letters issued by the US Department of Education in 2021.

List of contents

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3.3 Published and Unpublished Decisions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

About the author

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.comMitchell L. Yell, PhD, is the Fred and Francis Lester Palmetto Chair in Teacher Education and a professor in special education at the University of South Carolina. His professional interests include special education law, IEP development, progress monitoring, and parent involvement in special education. Dr. Yell has published 136 journal articles, 6 textbooks, 36 book chapters, and has conducted numerous workshops on various aspects of special education law, classroom management, and progress monitoring. His textbook, Special Education and the Law, is in its 5th edition. He co-authored the text Developing Educationally Meaningful and Legally Sound IEPs. Dr. Bateman and Dr. Yell are the editors of the Special Education Law, Policy, and Practice series published by Rowman & Littlefield. In 2020, he was awarded the Researcher of the Year from the Council for Exceptional Children. Dr. Yell also serves as a State-level due process review officer (SRO) in South Carolina and is on the Board of Directors of the Council for Exceptional Children. Prior to working in higher education, Dr. Yell was a special education teacher in Minnesota for 12 years. Kevin P. Brady, PhD, is professor in the Department of Curriculum and Instruction in the College of Education and Health Professions at the University of Arkansas in Fayetteville, Arkansas. He is also adjunct associate professor at Teachers College, Columbia University, where he teaches a course in school law and ethics in the Summer Principals Academy (SPA). His primary research areas are legal issues in special education, Fourth Amendment issues in schools, and equity issues involving school finance. He is currently the program director of the University Council of Educational Administration (UCEA) Center for the Study of Leadership and the Law. He is a former member of the Board of Directors of the Education Law Association (ELA) and is on the editorial board of several journals, including Education and Urban Society, Journal of Disability Policy Studies, and West’s Education Law Reporter. His scholarship appears in a wide array of educational leadership, law, and policy journals.

Product details

• Authors: David F. Bateman, David F. Yell Bateman, Kevin P. Brady, Brady Kevin P., Mitchell L. Yell, Yell Mitchell L.
• Publisher: Rowman and Littlefield
• Languages: English
• Product format: Paperback / Softback
• Released: 01.11.2022
• EAN: 9781538172834
• ISBN: 978-1-5381-7283-4
• No. of pages: 264
• Series: Special Education Law, Policy, and Practice
• Subjects: Humanities, art, music > Education > Special education; EDUCATION / Inclusive Education, EDUCATION / Special Education / General, LAW / Educational Law & Legislation, Educational strategies & policy, Teaching of students with different educational needs, Central / national / federal government policies, Inclusive education / mainstreaming, Educational strategies & policy: Inclusion, Education law, Education & the law