I.D.E.A. :INDIVIDUALS WITH DISABILITIES EDUCATION ACT

Educational Rights of Children with Disabilities.

Secondary Sources

Probably the most useful sources to find out how IDEA became law, and the issues surrounding it, have come from law reviews, articles, and journals. Current critical reviews of topical issues can be found in journal articles. This page of secondary sources lists some of the journals that frequently have articles on IDEA and its surrounding issues, as well as some of the databases that proved most useful for this type of research. Some Law Review articles and other publications have been listed and annotated.

Journal Titles

Journals that were found to frequently contain articles pertaining to I.D.E.A. and its surrounding issues:

• American Law Reports: ALR Federal (Westlaw online)
• Arizona State Law Journal (Main KF200 L3, Law UC, and SC E9791 ASU.4.5 L417)
• Journal of Law & Education (Lexis-Nexis online, 1997 - current; K10 .O873, Law and Main current issue, Main cop.1 v.1, 1972-, Law Per. lower level older issues)
• University Law Reviews for those universities with Law schools.
• Education Week (L11 .E34, Main current issue, back issues on microfilm dating from 1981.)
• Individuals with Disabilities Education Law Report. (Law KF4210.A73 Y42 1999). Horsham, PA. : LRP Publications, c2000- Year in review: annual, 1999 - current). Formerly known as "Review of special education cases".
• ASHA(American Speach-Language-Hearing Association) Leader (Science RF28 .A7)
• Preventing School Failure (Main LC4001 .P6 1989 - current)
• CQ Weekly (LAW v.56, no.16, 1998- current; MAIN v.56, no.16, 1998- current. Latest year only in Main Ref.; earlier years in Main stacks. Internet access via SABIO.)
• Teaching Exceptional Children (Main LC3950 .T4 , 1968 - current)
• Special Education Law Monthly (Online - Lexis-Nexis ). Many of the articles in this journal are available online in full text through the UA Sabio catalog. Articles in some or many issues of this journal are in the larger database, Lexis-Nexis Academic Universe. You may search that database on the Web. An LRP publication. Issued monthly, items online within one month. Full-text, March 1998- .
• Disability Compliance Bulletin (Online : Lexis-Nexis) . From the series: Lexis-Nexis Academic Universe; full text from Feb. 1995- . Articles in some or many issues of this journal are in the larger database, Lexis-Nexis Academic Universe. You may search that database on the Web.

Search terms used include, but are not limited to, "Individuals with Disabilities Education Act", "Fair and Appropriate Public Education", "Least Restrictive Environment", "Special Education", as well as a number of statutory references.

Articles

List of databases searched :

• Findlaw
• Lexis-Nexis
• Westlaw
• Ebsco
• FirstSearch

Legal Review Articles: There were a multitude of legal review articles available on Lexis and Westlaw. Those presented below are intended to be representative of the types of materials available.

�

• Paddock. "The Rights of Handicapped Students in Disciplinary Proceedings by Public School Authorities". 53 University of Colorado Law Review 367,
  Winter 1982.

�

• Mitchell. "Employment Discrimination and AIDS: Is AIDS a Handicap Under Section 504 of the Rehabilitation Act?" 38 University of Florida Law
  Review 649, Fall 1986.

�

• Wooster, Ann K. J.D, "What Constitutes Services that Must be Provided by Federally Assisted Schools under the Individuals with Disabilities Education Act (IDEA)" (20 U.S.C.A.�� 1400 et seq.) American Law Reports: ALR Federal Volume 161 (2000). Copyright � 2000 West Group. This article presents a review of Supreme Court decisions on 'related services' that must be provided to disabled students.

�

• Porto, Brian L. J.D. "Availability of Damages in Action to Remedy Violations of Individuals with Disabilities Education Act" (20 U.S.C.A. �� 1400 et seq.)American Law Reports: ALR Federal Volume 165 (2000) Copyright � 2000 West Group. This article reports on the enforcable rights of disabled students to a public education and special education services; the article further examines the implications of a minority of courts determining that damages are in fact available under IDEA.

�

• Seep, Ralph V., J.D. "Construction of "Stay-Put" provision of Education of the Handicapped Act (20 U.S.C.A. � 1415(E)), that handicapped child shall remain in currend educational placement pending proceedings conducted under section". American Law Reports: ALR Federal Volume 103 (1991) Current through the October, 2000 Supplement Copyright � 1991 Lawyers Cooperative Publishing, a division of Thomson Legal Publishing Inc.
  Discussion of how the "Stay-put" provision limits District Courts' equitable powers involving change in placement for disabled students; the article further examines how funding issues pertain to change in placement.

�

• Shafer, Richard P., J.D. "Appropriateness of State Administrative Procedures Under 615 of Education for All Handicapped Children Act "(20 U.S.C.A. � 1415). American Law Reports: ALR Federal Volume 64 (1983) Curren through the October, 2000 Supplement. Copyright 1983 The Lawyers Co-operative Publishing Company. A collection and analysis of federal case rulings and discussions of the appropriateness of state administrative procedures established and maintained to determine that handicapped children and their parents/guardians are guaranteed the procedural safeguards required by � 615 of the IDEA, 20 U.S.C.A. �1415.

• Young, Rowland L. "Schools . . . handicapped children". Section; Supreme Court Report. ABA Journal, October, 1982, 68 A.B.A.J. 1306. An examination of the case of Rowley v. Hendrick Hudson Central School District (458 U.S. , 73 L.Ed. 2d 690, 102 S.Ct. 3034, 50 U.S.L.W. 4925), which states that while schools are required to provide individualized services to handicapped children, they are not required to provide services that will allow them to achieve maximum potential.
  

Other Articles from the listed databases:

• Alan Gartne. "What to Do with Difference: The ADA, Special Education, and Disability". 62 Ohio State Law Journal 2001. National Center on Educational Restructuring and Inclusion; The Graduate School and University Center. Copyright 2001, The City University of New York.
  From a syposium on the challenges of the first 10 years and the future of the ADA. Lack of coverage by ADA in the areas of special education programs for children with disabilities despite fundamental commonalities of the laws. Discusses the problems of special education delivery systems that have continued to make mainstreaming disabled students a challenge. Funding problems, dead-end programming, and requirments of inclusion in state- and district-wide programs, with needed modifications for disable students. Discussion of the "presumption that students with disabilities will be served in the general education environment, with needed supplemental aids and services, for students and their teachers", and changes in the 1997 IDEA amendments that provide for changes in state funding formulas so as to remove the incentive for placing students in more restrictive settings.

�

• Kurt M. Graham. "An Idea on How to Amend the Individuals with Disabilities Education Act in Order to Protect Students and Promote Equality". The Wayne Law Review Fall, 1999 45 Wayne L. Rev. 1599. (c) 1999 Wayne State University Law School. Discussion of the IDEA in as a tool for preventing the use of discipline as a pretext for removing disabled students from school; in particular Michigan law that provides for the complete removal from any public school a student removed for discipline reasons. Use of this type of "zero-tolerance law" against a disabled student may cause personal liability on the part of school board members and administrators for their actions. If a disabled student's misconduct is not a manifestation of disability, then exemption from the rules pertaining to other children is not required. Having forfeited the "right to free education" as a result of misconduct, IDEA does not require that discipline of a disabled student for conduct unrelated to his disability be conducted in a different manner than for non-disabled students.

�

• Philip William Clements. "Education-- Board of Education v. Rowley: the Supreme Court Takes a Conservative Approach to the Education of Handicapped Children." Copyright (c) 1983 North Carolina Law Review June, 1983 61 N.C.L. Rev. 881. Implementation and protection of the right to a FAPE under the IDEA requires that educational agencies seeking federal funds must identify, locate, and evaluate all handicapped children in the jurisdiction, and imposes extensive procedural guarantees. Definition of FAPE as an education which "provide[s] some educational benefits to the handicapped child." and discussion of Congress having offered a higher standard of educational benefit than was allowed by the court by bringing all handicapped children within the scope of the Act, and promising to "meet their unique needs" and setting "a goal of providing full educational opportunity to all handicapped children". Court rejection of an interpretation of the Act that focuses on maximizing potentional and substitution of a standard that a disabled child need only receive "educational benefit,"
  which in this case was taken to mean progress from grade to grade may favor certain children while penalizing others.

�

• Lauri M. Traub. "The Individuals with Disabilities Education Act: A Free Appropriate Education--At What cost?" 22 Hamline L. Rev. 663, * Copyright (c) 1999 Hamline Law Review Winter, 1999. Congressional requirements for a FAPE under the IDEA for every disabled child, regardless of the disability has failed as a result of a lack of set educational standards that maximize potential of the handicapped child. Attendance by a disabled child at a private school or receipt of additional services may be considered a FAPE if that handicapped child can further maximize his potential. The 1997 Amendments, which state that the provision of an "appropriate" education precludes the receipt of funds for education and related services in a private school, effectively blocks the exercise of the religious beliefs of many handicapped children and their parents. Discussion of private placement of disabled students as more beneficial to school districts than integration.

�

• Perry A. Zirkel. "Building an Appropriate Education from Board of Education v. Rowley: Razing the Door and Raising the Floor". University of Maryland School of Law Spring, 1983 42 Md. L. Rev. 466. Copyright (c) 1983 Maryland Law Review, Inc. Discussion of high levels of litigation resulting from the Education for All Handicapped Children Act of 1975 (EAHCA), and the issues surrounding prominant cases, including educational quality and facilities, exclusion of disabled children from education, and parental advocacy.

�

• Jennifer A. Knox. "The IDEA Amendments of 1997 and the Private Schools Provision: Seeking Improved Special Education, but Serving Only a Select Few." Copyright (c) 1999 The Catholic University Law Review. Fall, 1999 49 Cath. U.L. Rev. 201. Discusses cases illustrative of voluntary private and parochial school enrollments that resulted in failure to provide special education services to disabled children. Examination of entitlement and location of services issues as a direct correlation to a particular student's disability and the cost of maintining on-site services.

�

• Haekyoung Suh. "The Need for Consistency in Interpreting the Related Services Provision Under the Individuals with Disabilities Education Act". Copyright (c) 1996 Rutgers University, The State of New Jersey. Rutgers Law Review Summer, 1996 48 Rutgers L. Rev. 1321. Diminished funding prompts state questioning of responsibility to provide special education to children with disabilities. Determiniation of disability provides that shcool districts are mandated under the IDEA to provide special education and related services. Denial by the court of requested services leaves open questions pertaining to the obtainment of a FAPE. Discussion of the problems resulting from court-denied services, and resulting deprivation of disabled children to their entitlement to a free appropriate public education.

�

• Michael Dannenberg. "A Derivative Right to Education: How Standards-Based Education Reform Redefines the Individuals with Disabilities Education Act." Copyright (c) 1997 Yale Law & Policy Review 15 Yale L. & Pol'y Rev. 629 . Discussion of a Fifth Circuit conclusion that required mainstream placement in almost every case, and problems with the Roncker test. Standards-based reform provides access for disabled children to an adequate education in the "least restrictive environment," often a regular classroom. Where disabled children are not receiving an appropriate education in the regular classroom because of its general inadequacy, IDEA's "least restrictive environment" requirement mandates that the entire regular classroom program for all children be improved. ...

�

• Alison Nodvin Barkoff. "Revisiting De Jure Educational Segregation: Legal Barriers to School Attendance for Children with Special Health Care Needs." Copyright (c) 1998 Cornell University. Cornell Journal of Law and Public Policy Fall, 1998. Denial of education discussed as denial of opportunity to succeed in life. Eigth Circuit Court of Appeals, in a suit to require provision of special services, said that these were the type of services that Congress intended
  schools to provide to disabled children in order to ensure them meaningful access to public education., and that Section 504 requires that a "free appropriate public education" be provided to all disabled children, regardless of the nature or severity of their disability. Only a very small number of disabled children qualifying for special educationare technology dependant. Problems of the extent/nature test resulting in the denial of nursing service to disabled children as a related services.

�

• Patricia Young Taylor. "An 'Appropriate' Education for the Handicapped --Board of Education v. Rowley." Copyright (c) 1983 Howard University. Howard Law Journal 1983. Basic rights to inclusion in public education for disabled students resulting from the discrimination case of Brown v. Board of Education, and enactment of the Education for All Handicapped Children's Act of 1975. The established procedural safeguards resulting from EAHCA cause all participating state and local educational agencies to insure a free appropriate public education to handicapped children.

�

• "Recent Developments in the Law: Handicapped." (no author listed). Copyright (c) 1997 Jefferson Law Book Company, Division of Anderson Publishing Co. Journal of Law & Education January, 1997. Various cases are used as examples of rights of appeal by disabled students and their families to request school districts to provide FAPE under the Education for all Handicapped Children Act ("EHCA") in regards to a variety of placement issues.

�

• Philip T.K. Daniel . "Education for Students with Special Needs: The Judicially Defined Role of Parents in the Process". Copyright (c) 2000 Jefferson Law Book Company, Division of Anderson Publishing Co. Journal of Law & Education January, 2000 . Investigates heightened parental roles in special education procedures, processes, and advocacy as they relate to the1997 amendments to the Individuals with Disabilities Education Act (IDEA). Case examples are presented to illustrate a variety of parental role issues.

�

• Caren Jenkins. "Administrative Exhaustion or Private Rights of Action: Priorities in Educationing Students with Disabilities". Copyright (c) 1995 Golden Gate University Spring, 1995. Presents the case of Dreher v. Amphitheater Unified School Dist., in which the Ninth Circuit held that a school district need neither provide nor bear the cost of providing certain individualized educational services to students with disabilities. The court indicated that a school district is required to furnish only those services outlined in an individualized education plan (IEP), developed annually by the local educational agency. IEP development issues and disucssion of provisions. Had the Ninth Circuit applied the exhaustion requirement to find that Dreher had no right to challenge the sign language
  component of the IEPs, it would have contradicted the U.S. Supreme Court holding in Board of Education v. Rowley. The court stated in Rowley that "the District Court retained jurisdiction to grant relief because the alleged deficiencies in the IEP were capable of repetition. . . ." If the educational program component being challenged is repeated from year to year, requiring exhaustion of each IEP seems fruitless".

�

Non-Legal Review Articles

• Boswell, Susan. "States Receive Record Increase in IDEA Funds". ASHA Leader, 05/15/2001, Vol. 6 Issue 9, p1, 2p. Discusses funding increases allocated to the Individuals with Disabilities Education Act Part B program by the United States government. Increases in fundes available to serve individuals chidren with disabilities and factors that will affect the actual dollar amounts that will be disbursed to state education agencies.

�

• Shepard, Linda. "Leave No Child Behind." WeMedia, Apr/May2001, Vol. 5 Issue 2, p100, 2p, 1c. Presents information on the Individuals with Disabilities Education Act, focusing on the public education policy for disabled students in the United States. Investigates the challenges presented to parents of disabled children. Discussion of the New Freedom Initiative for persons with disabilities proposed by President George W. Bush.

�

• "Six New Tools to Help Implement IDEA". Teaching Exceptional Children, Jan/Feb2001, Vol. 33 Issue 3, p88, 2p, 5c. Discussion and listing of tools available for implementation of the Individuals with Disabilities Education Act of 1997 (IDEA). Presents IDEA requirements for preschoolers with disabilities, and provision of access to regulations by Discover IDEA CD 2000.

�

• Galley, Michelle; Sack, Joetta L. "Massachusetts Lawmakers Vote To Change Special Ed. Standard". Education Week, 08/02/2000, Vol. 19 Issue 43, p25, 1/2p
  Discusses a provision in a Massachusetts budget bill that stipulates new understanding of school district requirments on provision of the maximum feasible benefit to disabled students beginning in January 2002. Further discussion of the state's adoption of the IDEA, as well as the tightening of some eligibility standards for special education and a general definition of special needs children.

�

• Yell, Mitchell L.; Katsiyannis, Antonis. "Functional Behavioral Assessment and IDEA '97: Legal and Practice Considerations." Preventing School Failure, Summer2000, Vol. 44 Issue 4, p158, 5p. Analysis under the Individuals with Disabilities Education Act Amendmenst of 1997 (U.S.) of the functional behavioral assessment requirements for disabled students. Discussion of provisions of the law, and implementation of IEPs to address problem behavior.

�

• Bailey Jr., Donald B. "The Federal Role in Early Intervention: Prospects for the Future." Topics in Early Childhood Special Education, Summer2000, Vol. 20 Issue 2, p71, 8p. Reports on the role taken by the federal government since 1968 in the establishment and implementation of early invention and preschool services for young disabled children and their families. Examines the laws, regulations, supports and incentives that have formed current practices. Predicts future lack of major legislation comparable in impact to IDEA and ADA, and a continuing shift from federal to state control over decision making in practice.

�

• "Online Briefing: Special Needs Students". CQ Weekly, 05/06/2000, Vol. 58 Issue 19, p1018, 1/3p. Presentation of news briefs regarding special needs education in the United States as of May 6, 2000. Reports on the passage of a funding measure for students with special needs, and a Bill for the funding of the Individuals with Disabilities Education Act. Presents the reports of representatives on the education of special needs children.

�

• Carlson, Elaine; Reavey, Ann. "Case Studies of Five Secondary-Aged Youth Declassified From Special Education." High School Journal, Feb/Mar2000, Vol. 82 Issue 3, p17, 14p, 1 diagram. A study of cases of five declassified secondary students in the United States, and the circumstances causing the declassifications; also focuses on the factors related to the outcomes for the five students in the study. Information on the IDEA of 1997 act is presented, and a discussion of the methodology used and the results is presented along with the implications of declassification on educational services.

�

Other:

• "Special Education: Boxer introduces bill to save $330 million for California Special Education". Congressional Press Releases, May 6, 1997.
  Copyright 1997 Federal Document Clearing House, Inc. Outlines a bill to amend the IDEA to provide special education funds to incarcerated disabled individuals under the age of 21.