ERIC Number: EJ1245417
Record Type: Journal
Publication Date: 2020
Pages: 5
Abstractor: ERIC
ISBN: N/A
ISSN: ISSN-0040-0599
EISSN: N/A
An Updated Primer of Special Education Law
Zirkel, Perry A.
TEACHING Exceptional Children, v52 n4 p261-265 Mar-Apr 2020
Teachers and parents often find special education law complex and confusing. As one step for a basic foundation in special education law, a previous "TEACHING Exceptional Children" article (Zirkel, 2005) provided a snapshot of the "top five case concepts" based on 10 decisions from the Supreme Court. Each of these decisions interpreted either (a) the Individuals With Disabilities Education Act (IDEA; 2017) or (b) the overlapping pair of civil rights acts prohibiting disability discrimination: Section 504 of the Rehabilitation Act (2017) and the Americans with Disabilities Act (ADA; 2017). In light of the considerable developments under the IDEA and Section 504 and the ADA in the preK-12 context in the intervening 15 years, this update extends the coverage and addresses the 10 core concepts based on not only the cumulative Supreme Court decisions but also the 2004 IDEA amendments and, to a lesser extent, the 2006 IDEA regulations and lower court case law. These 10 core concepts start with the practical sequence of IDEA issues from child find and eligibility to remedies for prevailing parents and end with the overlapping coverage of Section 504 and the ADA and the relevant specialized steps of the adjudicative process.
Descriptors: Special Education, Educational Legislation, Students with Disabilities, Disabilities, Equal Education, Federal Legislation, Civil Rights Legislation, Access to Education, Public Education, Preschool Education, Elementary Secondary Education, Disability Identification, Court Litigation, Individualized Education Programs, Related Services (Special Education), Mainstreaming, Inclusion, Discipline
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Publication Type: Journal Articles; Reports - Descriptive
Education Level: Early Childhood Education; Preschool Education; Elementary Secondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act; Rehabilitation Act 1973 (Section 504); Americans with Disabilities Act 1990; Board of Education v Rowley
Grant or Contract Numbers: N/A