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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

 

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