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Yell, Mitchell L.; Katsiyannis, Antonis – Intervention in School and Clinic, 2019
Special education has been the subject of many rulings in federal courts. These rulings have greatly affected the practice of special education. The most important of these cases have come from the U.S. Supreme Court, which thus far has heard 12 cases directly affecting special education. This article examines the most important of these special…
Descriptors: Court Litigation, Special Education, Laws, School Law
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Hurwitz, Sarah; Decker, Janet R.; Linder, Ilana L. – Focus on Autism and Other Developmental Disabilities, 2020
In 2017, the U.S. Supreme Court provided a ruling regarding what constitutes an appropriate education for students with disabilities in "Endrew v. Douglas County." The case concerned a student with autism, and we use it to offer schools and families autism-related recommendations for practice and policy. We analyze the legal history of…
Descriptors: Court Litigation, Students with Disabilities, Autism, Pervasive Developmental Disorders
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Lustig, Benjamin C. – Journal of School Leadership, 2018
School leaders have a prominent role on Individual Education Program (IEP) teams and often face very challenging obstacles when determining substantive educational services and placement in the least restrictive environment (LRE) for students with medical disabilities. In absence of federal statutory and regulatory policy, standard legal research…
Descriptors: Students with Disabilities, Chronic Illness, Educational Legislation, Equal Education
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Yell, Mitchell L.; Collins, James; Kumpiene, Gerda; Bateman, David – TEACHING Exceptional Children, 2020
This article begins by describing a scenario in which a fourth-grade learning disabled student's individualized education program (IEP) team came together to develop his IEP and in so doing made a number of procedural and substantive errors. The purpose of this article is to examine the procedural and substantive requirements of the Individuals…
Descriptors: Individualized Education Programs, Students with Disabilities, Educational Legislation, Federal Legislation
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Hammel, Alice M. – General Music Today, 2018
Two Supreme Court cases have served to frame our legal rights and responsibilities regarding a Free Appropriate Public Education for students in our music classrooms and ensembles. This article serves as record of the two cases and their merits, according to the Supreme Court, as well as the actions recommended based on the court decisions.
Descriptors: Court Litigation, Legal Responsibility, Student Rights, Access to Education
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Katsiyannis, Antonis; Counts, Jennifer; Popham, Michelle; Ryan, Joseph; Butzer, Madeline – NASSP Bulletin, 2016
Special education is the most highly litigated area within the field of education. Therefore, the purpose of the current article is to highlight cases (court decisions, Office of Civil Rights rulings, and State Educational Agency hearings) involving students with disabilities in 2015. Highlights from the case law point to the need for school…
Descriptors: Special Education, Court Litigation, State Departments of Education, Hearings
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Marx, Teri A.; Hart, Jennifer L.; Nelson, Leslie; Love, Jessica; Baxter, Christine M.; Gartin, Barbara; Schaefer Whitby, Peggy J. – Intervention in School and Clinic, 2014
Two diametrically opposed beliefs are held concerning the meaning of the least restrictive environment (LRE) when determining the class placements of students with disabilities. One group adheres to the placement philosophy that the LRE is always the general education setting. The other group believes that the LRE is where the students' needs may…
Descriptors: Individualized Education Programs, Guidelines, Beliefs, Student Placement
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Bateman, David F. – TEACHING Exceptional Children, 2008
Greg is 13 years old, and currently in seventh grade; he entered an unnamed District ("the District") school in fourth grade as a student with a specific learning disability; he had been identified as eligible for special education programming and services during second grade. During fifth and sixth grade Greg was provided services…
Descriptors: Nontraditional Education, Neighborhood Schools, Civil Rights, Emotional Disturbances
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Newcomer, James R.; Zirkel, Perry A. – Exceptional Children, 1999
A review of special-education court cases found that, while school district wins exceeded parent wins in due process hearings and appeals, the margin narrowed through litigation. The most predominant issue in dispute was placement in terms of parents seeking more restrictive settings. The Supreme Court's language in Board of Education v. Rowley…
Descriptors: Conflict Resolution, Court Litigation, Disabilities, Due Process