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ERIC Number: EJ1275811
Record Type: Journal
Publication Date: 2015-Mar
Pages: 13
Abstractor: ERIC
ISBN: N/A
ISSN: ISSN-1525-1810
EISSN: N/A
Litigation and Students with Disabilities: An Overview of Cases from 2013
Losinski, Mickey; Katsiyannis, Antonis; Balluch, Felicity; White, Sherri
Journal of Special Education Leadership, v28 n1 p25-37 Mar 2015
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.
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
Publication Type: Journal Articles; Reports - Research
Education Level: N/A
Audience: Practitioners
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act
Grant or Contract Numbers: N/A