1. The Basics of Law
Constitutional Law
Statutory Law
Regulatory Law
Case Law
2. History and Advocacy
The Birth of a Field
The Civil War Amendments
The Civil Rights Movements
Advocacy
Pennsylvania Association for Retarded Citizens v. Pennsylvania (1972)
Mills v. Board of Education of the District of Columbia (1972)
The Pinnacle of Special Education Advocacy
3. The Individuals with Disabilities Education Act
Structure of the IDEA
Evolution of the Law
Special Education
The Six Pillars of IDEA
The IEP
Free and Appropriate Public Education (FAPE)
Least Restrictive Environment (LRE)
Appropriate Evaluation
Parent and Teacher Participation
Procedural Safeguards
Confidentiality of Information
Transition Services
Discipline
Enforcement
4. Section 504 of the Rehabilitation Act of 1973
Discrimination Under Section 504
FAPE
LRE
Accommodations
Eligibility for Services
Evaluation
Placement
Health and Medical Issues
Enforcement
Funding
Discipline
5. The Americans with Disabilities Act
Purpose of the Act
Definition of a Disability
Structure of the Act
Effective Dates
Title I: Employment
Title II: Public Services
Title III: Public Accommodations
Title IV: Telecommunications
Title V: Miscellaneous Provisions
Evaluation
6. IDEA 2004 Meets No Child Left Behind
Highly Qualified Teachers
Accountability
Assessments
7. Free and Appropriate Public Education
Federal Requirements
Understanding FAPE
The Rowley Decision
Post-Rowley Decisions
Procedural Errors
Service Delivery Models
Autism
Financial Considerations
School-Based Measures to Determine if FAPE is Achieved
8. Least Restrictive Environment
Federal Definition of LRE
Intent and Purpose of the LRE Requirement
Terminology
Zero Reject
Determining the LRE
Litigation
Roncker v. Walter (1983)
Daniel R. R. v. State Board of Education (1989)
Sacramento City Unified School District v. Rachel H. by Holland (1994)
Hartmann v. Loudoun County Board of Education (1998)
LRE and Section 504 of the Rehabilitation Act of 1973
9. Evaluation and Assessment
The Evaluation Process
Issues of the Traditional Model of Assessment
The Contemporary Model of Assessment
Response-to-Intervention (RTI)
Monitoring Progress and Accountability in Education
Eligible Children
Inter-connection of the Eligibility Decision Making Process
10. The Individualized Education Program
Intent of the IEP
Common Issues and Litigation
The 2004 IDEA Amendments and the IEP
The IEP
The Function of the IEP
the IEP Team
IEP Development: Components of the IEP
Component 1: The Present Level of Performance
Component 2: Annual Goals
Component 3: Reporting of Student Progress
Component 4: Accommodations, Modifications, and Support Services
Component 5: Least Restrictive Environment and Related Services
Component 6: Participation in State and Districtwide Assessments
Component 7: Frequency and Duration of Services
Component 8: Transition Services
Documentation of Participation, Consent and Prior Notice
Additional Components of the IEP
Program Planning
11. Procedural Safeguards
The Right to Be Notified
The Right to Dissent
The Right to be Fully Informed
The Right to a Surrogate
The Right to Non-Adversarial Conflict Resolution
The Right to a Hearing
Burden of Proof
The Right to a Qualified and Impartial Hearing Officer
The Right to Appeal
The Right to Reimbursement
Discipline
Baseline Considerations
The 10-Day Suspension
The Guarantee of FAPE
Authority for Change and Placement
Manifestation Determination
Appeal: Dissent, Hearing, Decision
What Did the LEA Know?
Law Enforcement
Epilogue Future Implications