Litigation and Students with Disabilities: An Overview of Cases from 2013

Autor/inn/en	Losinski, Mickey; Katsiyannis, Antonis; Balluch, Felicity; White, Sherri
Titel	Litigation and Students with Disabilities: An Overview of Cases from 2013
Quelle	In: Journal of Special Education Leadership, 28 (2015) 1, S.25-37 (13 Seiten) PDF als Volltext Verfügbarkeit
Sprache	englisch
Dokumenttyp	gedruckt; online; Zeitschriftenaufsatz
ISSN	1525-1810
Schlagwörter	Educational Legislation; Civil Rights Legislation; Students with Disabilities; Special Education; Individualized Education Programs; Discipline Policy; Autism; Pervasive Developmental Disorders; Student Behavior; Student Participation; Extracurricular Activities; Equal Education; Federal Legislation; Bullying + Suchen Sie Ihr Suchwort? Bildungsrecht; Schulgesetz; Private law; Bürgerliches Recht; Student; Students; Disability; Disabilities; Schüler; Schülerin; Studentin; Behinderung; Special needs education; Sonderpädagogik; Sonderschulwesen; Individualized education program; Individualisierendes Lernen; Disziplinarmaßnahme; Autismus; Student behaviour; Schülerverhalten; Schülermitarbeit; Schülermitwirkung; Studentische Mitbestimmung; Außerunterrichtliche Aktivität; Bundesrecht; Mobbing
Abstract	Special education research and practice has had an inextricable link to case law. Indeed, Smith, Katsiyannis, and Ryan (2014) suggest that case law can be a useful tool in providing legal information, identifying emerging areas of need, and in informing practice. As such, the Office of Civil Rights (OCR) rulings, hearings, and Dear Colleague letters are considered important sources of information in addition to judicial rulings. Given that the audience for the current manuscript is primarily practitioners, the aim of this review is to provide implications of recent cases across areas of interest that have been particularly contentious in research and the courts rather than a strictly legal review. Further, this review is not intended to be a comprehensive review of case law decided in 2013; rather, it is an overview of noteworthy cases in areas deemed particularly contentious due to the frequency with which they are heard in due process and court proceedings. Therefore, the purpose of the current manuscript is to highlight cases (court decisions, OCR rulings, and state educational agency [SEA] hearings) involving students with disabilities in 2013. Three of the four areas (individual education programs/ procedural safeguards, discipline and behavior management, and autism spectrum disorders [ASDs]) were selected due to their consistently litigious nature, and the area of extracurricular activities was selected due to the recent focus on these activities resulting from a Dear Colleague letter issued by the United States Department of Education, OCR (2013). In closing, the authors offer suggestions to practitioners to ensure providing a free appropriate public education (FAPE) to students with disabilities and prevent costly litigation. (ERIC).
Anmerkungen	Council of Administrators of Special Education. 1675 East Seminole Street Suite L1, Springfield, MO 65804. Tel: 417-427-7720; Fax: 417-427-6520; e-mail: office@casecec.org; Web site: https://www.casecec.org/journal
Erfasst von	ERIC (Education Resources Information Center), Washington, DC
Update	2024/1/01