NotesFAQContact Us
Collection
Advanced
Search Tips
Back to results
Peer reviewed Peer reviewed
Direct linkDirect link
ERIC Number: EJ1265921
Record Type: Journal
Publication Date: 2018-Mar
Pages: 13
Abstractor: As Provided
ISBN: N/A
ISSN: EISSN-1757-7438
EISSN: N/A
Available Date: N/A
The Construction of an Appropriate Education Program by Florida Administrative Law Judges Pre-"Rowley," Post-"Rowley," and Post-IDEA 2004
Henry, Michelle; Johnson, Heather
Power and Education, v10 n1 p58-70 Mar 2018
This critical discourse analysis examines the construction of an "appropriate" education by Florida administrative law judges in their special education final orders over time. The results indicate that despite each child being different, the construction of an appropriate education was uniform within the given time periods. Prior to the "Rowley" decision, the administrative law judges utilized their own judgment in constructing an appropriate education. This construction was based on whether or not the proposed Individualized Education Program was designed to meet the needs of the child. Each final order avoided discussing the law in detail, credibility, deference, or burden of proof. The results indicate that after "Rowley" and the Individuals with Disabilities Education Act (2004), the "Rowley" decision established an epistemic hierarchy. It gave deference to school districts--not parents--as experts. Additionally, after "Rowley" and the Individuals with Disabilities Education Act, the power of an administrative law judge to construct an appropriate education was constrained by the discourse in the "Rowley" decision. Throughout all three time periods, the administrative law judges all emphasized that students were not entitled to the best education possible.
SAGE Publications. 2455 Teller Road, Thousand Oaks, CA 91320. Tel: 800-818-7243; Tel: 805-499-9774; Fax: 800-583-2665; e-mail: journals@sagepub.com; Web site: http://sagepub.com
Publication Type: Journal Articles; Reports - Research
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: Florida
Identifiers - Laws, Policies, & Programs: Board of Education v Rowley; Individuals with Disabilities Education Act
Grant or Contract Numbers: N/A
Author Affiliations: N/A