I.D.E.A. :INDIVIDUALS WITH DISABILITIES EDUCATION ACT
Educational Rights of Children with Disabilities.
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Brief // About IDEA // Legislative History // Federal
Facts // State Facts // Cases
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Newspapers
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Secondary Sources
Ongoing issues on specific subjects are
often chronicled in newspapers and other looseleaf publications.
More and more newspapers are available online in both current
and archived editions, and are generally easy to access. Research
by topic is the easiest method by which to find information on
a specific subject.
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Newspapers
Some newspapers and news databases that
were useful include AZStarnet (available through UA libraries),
Newsbank database, Lexis-Nexis NEWS and REGNEWS, and Westlaw's
NORTHNEWS. Using various search terms including "special
education", "Least Restrictive Environment", "Free
Appropriate Public Education", and "Individuals with
Disabilities Education Act" produced large numbers of news
articles. It is possible to search through The Arizona Republic,
Arizona Star, and Tucson Citizen which are indexed by most of
these resources.
Some recent coverage:
- "District agrees to resolve 504
services, policy issues". Section 504 Compliance Advisor.
LRP Publications June 1, 2001. Section: Vol. 5, No. 4. Reports
on the ruling in Bridgeport (CT) Pub. Schs., 34 IDELR 152 (OCR
2000), which a school district was determined to have discriminated
against a student by failing to provide a free appropriate public
education (FAPE). The court affirmed the parent's claim that
the district failed to provide appropriate services in a timely
fashion.
"Native Americans Oglala Sioux
Tribe can provide direct Part C services ". School
Law Bulletin, LRP Publications May 16, 2001. Section:
Early Childhood, Vol. 5, No. 1. Case name: Letter to Goings,
4 ECLPR 267 (OSEP 2000). Reports on a ruling regarding Part C
of the Individuals with Disabilities Education Act which guarantees
"early intervention services arec available to all infants
and toddlers with disabilities in the State and their families,
including Indian infants and toddlers with disabilities and their
families residing on a reservation geographically located in
the State." 20 U.S.C. 1434 and 1435(a)(2); 34 C.F.R. 303.140(b).
What it means is that "tribal entities" may provide
services for children under age 3 using IDEA funds.
"Illinois IHO rejects restrictive placement, returns
18-year-old to public school". The Special Educator,
May 30, 2001 Section: Vol. 16, No. 20. Reports on Oak Park &
River Forest High Sch. Dist. 200, 34 IDELR 161 (SEA IL 2001),
which a high school failed to prove that a therapuetic day-care
center was the Least Restrictive Environment (LRE) for a student
with a behavior disorder. The school was ordered to return the
student to the high school and provide appropriate services and
aids on-site.
"Placement Kindergartner receives FAPE from district's
regular ed placement ." School Law Bulletin
, Section: Early Childhood; Vol. 5, No. 2, June 13, 2001. Reports
on the ruling in Case name: Orland Sch. Dist., 4 ECLPR 276 (SEA
IL 11/6/00), in which the court denied parental requests for
private placement of a hearing impaired child. The court ruled
that appropriate placement had been offered by the school district,
and denied the request for tuition reimbursement.
- "Attorney's Fees 3rd Circuit: Attorney-parent can't
claim fees despite prevailing party status." School
Law Bulletin, June 13, 2001, Section: Early Childhood;
Vol. 5, No. 2. Examines the ruling in Woodside v. School Dist.
of Philadelphia Bd. of Educ., 34 IDELR 179 (3rd Cir. 4/23/01)
which prevents parent-attorneys from receiving fees in successful
advocacy cases involving their own children.
"New SEA Decisions 3rd grader's academic progress warrants
denial of special ed services." Section 504 Compliance
Advisor, Section: Massachusetts; Vol. 5, No. 3. May 03,
2001. Decision in Weston Pub. Sch. Dist., 34 IDELR 75 (SEA MA
2001). Court states that not all students with a disabling condition
require special education services.
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// Newspapers
// Newsletters
// Looseleafs
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- "Out of the same Hymnal: special ed groups get same
religion." Daily Report Card , April 11, 1997
Section: Special Education. Discussion of a proposal under review
by the Legislature's Special Education Study Commission and the
Special Education House Working Groupto shift funding for special
education to primarily state level.
- "Excerpts from Justices' Opinion in Case of a Deaf Girl
and School District". The New York Times ,
June 29, 1982, Tuesday, Late City Final Edition: Section B; Page
4, Column 1; Metropolitan Desk . Report on the Supreme Court
ruling in the case of Rowley v. Hendrick Hudson Central School
District (458 U.S. 176 1982 ), where the court found that Federal
law does not require schools to provide sign-language interpreters
for deaf children as long as an FAPE is provided.
- "Special Education". New Jersey Lawyer
, March 15, 1999 Section: Decisions; Administrative Agencies;
Pg. 28 . La Fiandra. Analysis of the case P. D. v. Parsippany-Troy
Hills Board of Education, OAL Docket No. EDS 3106-98, Agency
Docket No. 98-9239, Final Agency Decision: February 5, 1999.
The case outlines the denial of a FAPE to an emotionally disturbed
high school student as the result of an inappropriate IEP, and
the resulting award of compensatory education.
"Ford's OK of ESEA Means More Busing and Bureaucracy."
Phillips, Howard. Newsbank Retrospective DB September
7, 1974 Human Events (Washington, DC). Reflects on the implications
of the ESEA, or Equal Educational Opportunities Act of 1974 signed
by president Ford, which was intended to provide equal education
opportunities to minorities in particular through busing.
"State to Fight for Plan for Disabled". Duerksen,
Susan. July 27, 1977. The Courier-Journal (Louisville,
KY). Examines HEW regulations requiring states to have a plan
to accomodate the developmentally disabled in place by Oct. 1
1977 or lose federal funding. The state of Kentucky claimed the
HEW requirements caused a conflict of interest in representation
of both the people and the state.
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// Newspapers
// Looseleafs // Newsletters
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Looseleafs
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State-operated or supported programs
for handicapped children
: Chapter 1 policy manual : subpart 2, part D of chapter 1 of
Title I, Elementary and Secondary Education Act of 1965, as amended
by the Augustus F. Hawkins-Robert T. Stafford Elementary and
Secondary School Improvement Act of 1988 (Public Law 100-297
- April 28, 1988). (Govt Docs ED 1.8:H 19/3/chap.1.) A handbook
of special education law and legislation pertaining to Federal
aid to support education for disabled children.
- A legal overview of the IDEA's stay-put provision
. Wenkart, Ronald D. (UA Law KF4210.Z9 W46 1998 ). Series: Individuals
with disabilities education law report. Special report ; no.
20. Horsham, Pa.] : LRP Publications [c1998]. Fairly current
report of the legal issues pertaining to the Individuals with
Disabilities Education Act. Covers such issues as the legal status
and rights to education of disabled children. In particular covers
the issue of removal from school of disabled students for various
reasons including discipline, and outlines the exact provisions
of the law, including rights of appeal.
Appropriate education for students
with disabilities : how courts determine compliance with IDEA . by Wenkart,
Ronald D. (UA Law KF4210.Z9 W456 2000 ). Series: Individuals
with disabilities education law report. Special report ; no.
24. Horsham, Pa. : LRP Publications, c2000. This material contains
detailed information on the law and issues surrounding IDEA,
handicapped children, and compliance. Interesting and primarily
up-to-date.
- Section 504 : a challenge for
regular education. (Special
Coll LC4019 S42 1991.) Arizona. Dept. of Education. Division
of Special Education. Series: AZ-TAS themes & issues. Phoenix,
Ariz. : Arizona Dept. of Education, 1991. Covers law and legislation
pertaining to the education of the physically handicapped, including
architectural issues.
Special education for the exceptional
child in the Tucson Public Schools.
The program for exceptional children provided by the Board of
Education. By the Tucson Unified School District. Dept. of Special
Education. (Special Coll E9791 T89 S74sp.) Dated
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Top of Page
// Newspapers
// Looseleafs
Newsletters
Some examples of newsletter titles and
a few article annotations:
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Special Education Law Monthly, LRP Publications.
New SEA Decisions, Vol. 5 No. 2. "Placement 5th-grader's
skills, behavior don't justify special placement " A decision
on a case of LRE: the school district failed to prove that the
self-contained special education classroom in which the child
had been placed on grounds of possible violent behavior was the
Least Restrictive Environment. (Board of Educ. of the City Sch.
Dist. of the City of N.Y., 34 IDELR 20 (SEA NY 2000). ) Placement
was overturned.
- Section 504 Compliance Advisor, LRP Publications.
Your School and the Law, LRP Publications.
"FAPE Definitions". May 30, 2001, Section: Vol. 31,
No. 10 . Outlines specific legal definitions of F.A.P.E.
- Managing School Business, LRP Publications.
"How to Determine the Appropriate Placement for Special
Education Students". October 14, 1999
Section: Vol. 4, No. 15. Addresses the issues of LRE and Full
Inclusion, and how these relate to the necessity of case-by-case
determination of placement and other special education issues.
- Early Childhood Report, LRP Publications. "State
Education program did not violate Establishment Clause".
New Judicial Decisions; Vol. 9, No. 11
Discussion of the reversal of a district court decision to the
contrary in Helms v. Picard, 3 ECLPR 240 (5th Cir. 1998) regarding
the state of Louisiana having allowed its special education teachers
to provide services to students in parochial schools, determining
that the use of public school employees on the grounds of private
schools was not unconstituational as the plaintiffs claimed,
and that the student in question had received FAPE.
Public Papers of the Presidents. "Statement
on Signing the Individuals With Disabilities Education Act Amendments
of 1997". Citation: 33 Weekly Comp. Pres. Doc. 833. Presidental
statement made by president Clinton regarding H.R. 5, the Individuals
with Disabilities Education Act Amendments of 1997, (Public Law
No. 105-17) and the benefits to special education students provided
by reauthorization of IDEA.
- The Special Educator, LRP Publications.
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// Newspapers
// Looseleafs
// Newsletters
Introduction // Search
Brief // About IDEA // Legislative History // Federal
Facts // State Facts // Cases
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// Websites
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page last updated 6/18/01