Special education is governed by both
federal and state regulations. This
section provides
you with a description of the laws and
legal rights associated with special education.
Individual's with Disabilities Education
Act Individual Education
Plan Litigation
Mediation
Sec.
504
Social
Security
State Law
The Legal Resources page contains many links related to laws that govern
eligibility, IEPs, evaluations, placement, educational progress,
transition plans, discipline, and educational records. These laws may
be
vitally important to parents of disabled children, educators, child
advocates, school psychologists, health care providers, and school
administrators.
Special
education law is more than a legal specialty niche. Parents of
children with disabilities often describe their first experience with
special education law as entering a confusing labyrinth resulting in
uncertainty and bewilderment. Teachers and administrators are
overwhelmed with the complexity of regulations and paperwork, fearing
that failure to do things perfectly will result in a lawsuit. We
hope this section will provide practical and pertinent information
necessary to survive and interpret the myriad of rules and regulations
surrounding the needs of disabled children.
Legal
Resource Focus
Bracewell & Patterson - Houston, TX
Bracewell and Patterson's Education Law Division is a Texas law firm
with a strong interest in the area
of Special Education. Bracewell & Patterson publishes
several excellent guides to assist parents with
understanding special education. A Guided Tour of
Special Education is available in both Spanish and
English. EdGate and Bracewell & Patterson have joined
together to provide the online video version for a minimal
fee. Click here to find out more!
Topics
of Interest:
Individual with Disabilities Education Act
(IDEA)
ADA National Access for Public
Schools Project
The ADA National Access for Public Schools Project is a project funded by the National
Institute on Disability and Rehabilitation Research of the US Department of Education to
help public elementary and secondary schools implement the Individual with Disabilities
Education Act.
IDEA Practices
This site was developed as part of the IDEA Partnerships projects funded by the U.S.
Department of Education in an effort to address parents, service providers, administrators
and policy makers regarding the recent amendments to the Individuals with Disabilities
Education Act (IDEA). The partnership projects build upon the strengths of many
educational organizations, committed to work toward effective practices and improved
outcomes for students with disabilities.
Individuals with Disabilities Education
Act Amendments of 1997
The full text of the Individuals with Disabilities Education Act Amendments of
1997 is made available on this Web site.
The Federal Resource Center for Special
Education
The final regulations for Individuals with Disabilities
Education Act (IDEA) '97, released on March 12, 1999, are available on
this Web site.
The Individuals with Disabilities
Education Act Amendments of 1997
The Federal Web-site of IDEA Amendments of 1997 which were signed into law on June 4, 1997.
The Act strengthens academic expectations and accountability for the nation's 5.8 million
children with disabilities and bridges the gap that has too often existed between what
children with disabilities learn and what is required in regular curriculum.
Individual Education Program (IEP)
A Guide to the IEP
The Federal Web site of IDEA Amendments of 1997 which were signed into law on June 4, 1997.
The Act strengthens academic expectations and accountability for the nation's 5.8 million
children with disabilities and bridges the gap that has too often existed between what
children with disabilities learn and what is required in regular curriculum.
Writing
Individualized Education Programs
Written by Harley A Tomey, III, from the Virginia Department of
Education, this guide is an
excellent overview of the IEP process for teachers or parents.
72
Point IEP Checklist
This checklist (72 items worth) was issued by the California Department
of Education to help teachers and parents better understand the IEP
process.
What
Makes a Good Individual Education Plan for Your Child?
This Web-site is from the Parent Advocacy Coalition for Educational
Rights and is specifically related to the Minnesota Special Education
Laws; however, the information is applicable to the IEP process in all
states.
Individualized
Education Programs (IEPs) #LG2
This publication provides substantial guidance regarding the
legal requirements for developing a student's IEP. It is a verbatim
reprinting of (a) federal regulations about IEPs, and (b) Appendix A
(formerly Appendix C) to the IDEA 97, which is a series of questions and
answers about federal regulations on the IEP and is available in a pdf
or html version.
Litigation
Bracewell & Patterson - Houston, TX
Bracewell and Patterson's Education Law Division is a Texas law firm
with a strong interest in the area
of Special Education. The Web-site offers publications, legal services, and in-service training.
Critical Issues in School Law
This Web-site is form the Missouri Department of Elementary and
Secondary Education and contains summaries of recent school law cases
and school law topics..
Federal Register
The Federal Register from the US Department of Education provides a
searchable database of documents maintained by the Government Printing
Office.
Reed Martin,
J.D. Special Education Legal Rights Strategies and Resources
Reed Martin is an attorney with 33 years experience in special education
law who has assembled a Web site providing many legal resources with an emphasis on advocacy for
parents of handicapped children.
SpecialEdLaw.net
SpecialEdLaw.net is a multidisciplinary Internet resource for parents of special needs
children, as well as attorneys, special education administrators, teachers, psychologists,
and others with a need for information relating to special education law.
The Special Ed Advocate
Pete and Pam Wright's legal issues Web site provides information about
special education, law, IEPs, conflict resolution and discussion groups
where people can post questions and give and receive advice.
Mediation
National Center On Dispute Resolution
CADRE or The National Center On Dispute Resolution, is funded by the United States
Department of Education, Office of Special Education Programs. CADRE supports parents,
educators and administrators to benefit from dispute resolution
options that can prevent and resolve conflict and ultimately lead to informed partnerships
that focus on results for children and youth.
The Role
of Attorneys in Special Education Mediation
This is briefing paper developed by CADRE, a project of Direction Service and the Office
of Special Education Programs, which provides thorough information on topics such as due process,
mediation, collaboration, compliant processes and discipline disputes.
Sec. 504
ADA Home Page
This Web site is from the U.S. Department of Justice and provides answers to general and technical
questions about the American's with Disabilities Act (ADA).
Americans with Disabilities Act Document
Center
Download a variety of legal documents regarding Special Education Law from
this
site which was created with the assistance of the Job Accommodation Network, the Great Lakes
Disability and Business Technical Assistance Center, and the ADA OHIO Steering Committee.
Council of Educators for Students
with Disabilities
This Web site specializes in Section 504, IDEA training and resources for educators.
The Council of Educators for Students with Disabilities is an
organization of over 3, 500 members and is dedicated to providing
information and training to assist educators in complying with federal
laws protecting students with disabilities.
Office of Civil Rights
OCR enforces five Federal statutes that prohibit discrimination in education programs and
activities that receive Federal financial assistance. These laws prohibit discrimination
on the bases of race, color, and national origin, on the basis of sex, on the basis of
disability, and on the basis of age. OCR also has been given responsibility for enforcing
Title II of the Americans with Disabilities Act of 1990.
Social Security
The Work Incentives
Transition Network
The purpose of this network is to increase educator, family member, transition age
students, and advocate awareness of Social Security Work Incentives for school-aged
youth with disabilities.
Individual's with Disabilities Education
Act Individual Education Plan
Litigation
Mediation
Sec. 504
Social
Security
State Law