Special Education Law Annual Review 2021

by David F. Bateman professor, Shippensburg University, Mitchell L. Yell Fred and Francis Lester P, Kevin P. Brady University of Arkansas; program director, UCEA Center for the Study of Lead

Overview

This second installment of Special Education Law Annual Review provides a comprehensive look at the most recent policies and procedure updates, guidelines, and changes in special education law, including cases heard by the US Court of Appeals and policy letters issued by the US Department of Education in 2021. In addition to online resources, this book includes relevant case studies based on the most recent special education rulings.

Product Details

ISBN-13:	9781538172827
Publisher:	Rowman & Littlefield Publishers, Inc.
Publication date:	11/02/2022
Series:	Special Education Law, Policy, and Practice
Pages:	264
Product dimensions:	6.38(w) x 9.34(h) x 0.81(d)

About the Author

David F. Bateman, PhD, is professor in the Department of Educational Leadership and Special Education at Shippensburg University, where he teaches courses on special education law, assessment, and facilitating inclusion. He is a former due process hearing officer for Pennsylvania for over 580 hearings. He uses his knowledge of litigation relating to special education to assist school districts in providing appropriate supports for students with disabilities. His latest area of research has been on the role of principals in special education. He has been a classroom teacher of students with learning disabilities, behavior disorders, intellectual disability, and hearing impairments, and a building administrator for summer programs. Dr. Bateman has recently coauthored 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, and Current Trends and Legal Issues in Special Education.

Mitchell L. Yell, PhD, is the Fred and Francis Lester Palmetto Chair in Teacher Education and Professor in Special Education at the University of South Carolina. His professional interests include special education law, positive behavior support, IEP development, and parent involvement in special education. Dr. Yell has published 124 journal articles, 5 textbooks, and 32 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 also serves as a State-level due process review officer in South Carolina. Prior to working in higher education, Dr. Yell was a special education teacher in Minnesota for 16 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.

Table 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

Editorial Reviews

This book is helpful for educators as it provides an overview of the topics covered by the US Courts of Appeals in 2021. Teachers can see firsthand how challenging issues are resolved, which puts them in a better position to avoid problematic situations in the first place! A primer is included, which is helpful for making sense of the information in a compelling and interesting format with just enough detail so as not to overwhelm the reader. Website links are presented to research cases online for those who want to be able to look up information correctly in the future, as well as citations to review the complete case that pertains to a topic. The comprehensive summaries of each case are what set this book apart and keep the reader apprised of the latest information and principles related to FAPE (Free Appropriate Public Education) and the LRE (Least Restrictive Environment) in order for teachers to develop legally sound and high-quality special education services and supports.

Evan Borisinkoff

There are many special education law texts on the market containing statutory and case law regarding special education.I have never, however, seen such a comprehensive guide containing OCR (Office for Civil Rights) communications, instruction, and information on special education procedures such as due process hearings, an exhaustive list of cases from all circuits, and information on how to search for special education cases—and one so timely that it addresses the problems caused by COVID-19 for special education instruction. The most difficult aspect of teaching special education law is to cut through the very technical verbiage and provide practical information and advice. Bateman, Yell, and Brady have accomplished this through their inclusion of the policy behind the law and evidence-based practice examples to guide educators to ensure they are able to serve some of the most vulnerable; a population that continues to increase. Special Education Law Annual Review is an excellent resource to help current and future educators to respond to those issues through the novel and comprehensive contents of this work.

Elizabeth Timmerman Lugg

Bateman, Yell, & Brady have compiled an easy-to-follow, easy-to-use, and extensive anthology of the most recent SPED (special education) cases. The “unpublished” cases provide valuable information on the trends of cases. This is areference all school administrators and SPED teachers need to have and utilize.

Teresa A. Stauffer

This book is a critical publication for anyone in or working with children and families receiving special education services or supports. As either a foundational or supplemental material, the Special Education Law Annual Review makes keeping up with current legal and political contexts in the field easy. This is an absolute must for teachers and administrators, and is written in a way that is accessible to many other professions.

Chelsea Morris

This book is original and relevant for anyone in special education or for those teaching future special educators. The best part is the case summaries, which gives the reader a quick brief of current cases including the issue, facts, ruling, and significance to special educators. This book would make an excellent supplement to any special education law class and would also be valuable to those looking to stay current on special education case law.

Midge Simmons

Special Education Law Annual Review 2021, authored by Bateman, Yell, and Brady, provides an incredible summary of major legal requirements for schools serving students with disabilities, as well as a primer on dispute resolution and updated policy letters from the U.S. Department of Education. The up-to-date summary of legal cases provides the reader with a trove of real-life cases that can easily have application to individual schools and school districts. Readers can easily find cases that are applicable to their own districts, since this book is organized around specific legislative requirements. This book provides a comprehensive review of circuit and U.S. Courts of Appeals cases dealing with students with disabilities and IDEA and Section 504. It is unlikely that there is another source that provides such detailed and useful information for practitioners and administrators in an easily readable and researchable format.

Tom E.C. Smith

The Special Education Law Annual Review 2021 is well organized and packed with relevant information. The delivery of curriculum to students in my educational law classes requires me to be up-to-date and current on content. This review provides a solid base upon which to build as I work to maintain credibility in an academic setting.

Tom Harvey

Bateman, Yell, and Brady continue their admirable work with the Special Education Law Review 2021. The inclusion of policy letters, primer on dispute resolution, and glossary of legal terms creates an all-in-one resource for pre-service programs and for the field. The connections to evidence-based instruction and the application of recent case law decisions help practitioners refine their practice in ways that reflect emerging legal interpretations and improve service delivery for students.

Joseph Cook

Special Education Law Annual Review 2021, authored by Bateman, Yell, and Brady, provides an incredible summary of major legal requirements for schools serving students with disabilities as well as a primer on dispute resolution and updated policy letters from the U.S. Department of Education. The up-to-date summary of legal cases provides the reader with a trove of real-life cases that can easily have application to individual schools and school districts. Readers can easily find cases that are applicable to their own districts, since this book is organized around specific legislative requirements. This book provides a comprehensive review of circuit and U.S. Courts of Appeals cases dealing with students with disabilities and IDEA and Section 504. It is unlikely that there is another source that provides such detailed and useful information for practitioners and administrators in an easily readable and researchable format.

Tom E. C. Smith

Emerging scholars, lawyers, school administrators, mediation specialists, and other similar constituencies can be confident in using information from this book. The total clarity of intent of the chapter layout makes navigation easy and thorough. The policy letters, primer on dispute resolution process, and the (very useful) research chapter are especially important inclusions, and the tone is practical, business-like, and non-threatening.

From the Publisher

Bateman, Yell & Brady have added to their Special Education Law, Policy, and Practice series, providing the most up to date review of special education law. Comprehensive yet easy to understand for all professionals, this is a significant book for all educators, not just those that serve students with disabilities.

Vicki A. McGinley

This textbook is a must-have for novice and veteran special education teachers and administrators. The up-to-date material provides a complete overview of current special education law, including new and vital information, and will help support school districts in navigating the regulations for OSEP (Office of Special Education Programs) and interpret new case law.

Tori L. Colson

Emerging scholars, lawyers, school administrators, mediation specialists, and other similar constituencies can be confident in using information from this book. The tone is practical, business-like, and non-threatening, and the total clarity of intent of the chapter layout makes navigation easy and thorough.

Barbara Qualls

This book presents a well-studied and analyzed approach, a real focus on how the latest events affect the development of special education services and/or how these may vary according to the application of the law, and a detailed and specific structure of information by importance and relevance.

Lyliana Rivera

It is vital that special educators and administrators keep abreast of legal developments in special education, as well as have a clear and deep understanding of how the law influences the design and implementation of education for students with disabilities. Bateman, Yell, and Brady provide a clear, comprehensive and detailed review of the recent guidance and case law in the relevant categories of law. They also provide a concise summary statement regarding the significance of each case and decision to special educators. A must-have resource!

Beverly Barkon