Legal Standards for an Appropriate Education in the Post-Rowley Era

1992 ◽  
Vol 58 (6) ◽  
pp. 488-494 ◽  
Author(s):  
Allan G. Osborne
Keyword(s):  
Students With Disabilities ◽  
Individualized Education Program ◽  
Legal Standards ◽  
Educational Benefit ◽  
Disabilities Education Act ◽  
Recent Approach ◽  
Lower Courts ◽  
Education Act ◽  
Liberal Approach ◽  
Appropriate Education

In 1982 the U. S. Supreme Court held that an appropriate education under the Individuals with Disabilities Education Act was one that was formulated in accordance with the Act's procedures and that conferred some educational benefit on students with disabilities. Initially, the lower courts applied this terminology strictly and approved any proposed individualized education program that conferred even minimal educational benefit. However, later courts began to take a more liberal approach and held that the educational-program must confer some meaningful benefit. A careful reading of the Supreme Court's 1982 decision indicates that this recent approach is consistent with Congress's and the Court's intent. The Court never intended to establish one test of appropriateness since it recognized that some flexibility was needed to determine what would be appropriate for a diverse population of students with disabilities.

Perspectives on the Future of IDEA

1997 ◽  
Vol 22 (2) ◽  
pp. 61-76 ◽  
Author(s):  
Michael L. Hardman ◽  
John McDonnell ◽  
Marshall Welch
Keyword(s):  
Special Education ◽  
Public Education ◽  
Students With Disabilities ◽  
Individualized Education Program ◽  
Federal Law ◽  
Individualized Education ◽  
Disabilities Education Act ◽  
Education Act ◽  
Definition Of ◽  
Restrictive Environment

Since its original passage in 1975 as Public Law 94-142, the Individuals with Disabilities Education Act (IDEA) has been the cornerstone of practice in special education. This federal law has enabled all eligible students with disabilities to access a free and appropriate public education. During the past 2 years, the 104th Congress has debated vigorously some of the law's basic tenets (e.g., definition of disability, content of the individualized education plan [IEP], parental rights to attorneys, fees, discipline, and placement). The basic requirements of the law remain intact and continue to shape the scope and content of special education. This article addresses whether or not the assumptions upon which IDEA is based remain valid as we approach the 21st century. We critique these assumptions within the context of four requirements of IDEA: (a) eligibility and labeling, (b) free and appropriate public education, (c) the individualized education program (IEP), and (d) the least restrictive environment. Recommendations for changes in existing law relative to each of the above requirements are presented.

The Supreme Court, Endrew, and the Appropriate Education of Students With Disabilities

2017 ◽  
Vol 84 (2) ◽  
pp. 124-140 ◽  
Author(s):  
H. Rutherford Turnbull ◽  
Ann P. Turnbull ◽  
David H. Cooper
Keyword(s):  
School District ◽  
Students With Disabilities ◽  
Board Of Education ◽  
Disabilities Education Act ◽  
The Supreme Court ◽  
Education Act ◽  
Education Decision ◽  
Education Of Students ◽  
Appropriate Education ◽  
Decision Board

In this article, we analyze the Supreme Court’s decision in Endrew F. v. Douglas County School District RE-1 (2017), interpreting the Individuals with Disabilities Education Act (IDEA) and its provisions creating a right of every student with a disability to have an appropriate education. We compare the Endrew decision with IDEA and the Court’s previous appropriate education decision, Board of Education of the Hendrick Hudson Central School District v. Rowley (1982), on four key concepts: educational program, reasonably calculated, progress, and child’s circumstances. We discuss the case’s implications for systems capacity development and interpret Endrew as a narrative about students’ ethical claim to dignity.

Assistive Technology for Students With Disabilities

2016 ◽  
Vol 31 (4) ◽  
pp. 183-194
Author(s):  
Susan Larson Etscheidt
Keyword(s):  
Assistive Technology ◽  
Students With Disabilities ◽  
Education Program ◽  
Individualized Education Program ◽  
Case Law ◽  
Legal Analysis ◽  
Individualized Education ◽  
Legal Requirement ◽  
Disabilities Education Act ◽  
Education Act

Individualized Education Program (IEP) teams are required by the Individuals with Disabilities Education Act (IDEA) to consider a student’s need for assistive technology (AT). Despite this legal requirement, AT supports are often not available to students with disabilities. Many students with disabilities and their families have addressed the failure to consider and provide AT supports through litigation. The purpose of this article is to examine the case law pertaining to the assessment, selection, and provision of AT learning supports for students with disabilities. A legal analysis was conducted to determine litigation themes. Based on these results, several recommendations for IEP teams are proposed.

Preparing Educators for Developing Culturally and Linguistically Responsive IEPs

2018 ◽  
Vol 41 (3) ◽  
pp. 229-242 ◽  
Author(s):  
Le M. Tran ◽  
James R. Patton ◽  
Margene Brohammer
Keyword(s):  
Individualized Education Program ◽  
Linguistically Diverse ◽  
Diverse Learners ◽  
Culturally And Linguistically Diverse ◽  
Related Services ◽  
Disabilities Education Act ◽  
Key Issues ◽  
Education Act ◽  
Students With A Disability ◽  
Appropriate Education

An Individualized Education Program (IEP) is the cornerstone for documenting the appropriate education being provided to students who qualify for special education and related services under the Individuals With Disabilities Education Act. A growing group of students with a disability are students who are culturally and linguistically diverse and addressing the particular needs of this group is essential. This research to practice article examines key issues related to how teachers are prepared to develop culturally and linguistically responsive (CLR) IEPs. Reviews of recent research and literature indicate the need for increased attention in the development of CLR IEPs for diverse learners, with specific implications for contemporary educator preparation.

Recent and Continuing Initiatives and Practices in Special Education

2017 ◽  
Vol 104 (2) ◽  
pp. 32-37 ◽  
Author(s):  
Alice-Ann Darrow ◽  
Mary S. Adamek
Keyword(s):  
United States ◽  
Special Education ◽  
Music Education ◽  
Students With Disabilities ◽  
Individualized Education Program ◽  
The United States ◽  
Music Educators ◽  
Disabilities Education Act ◽  
Basic Understanding ◽  
Education Act

A number of initiatives in special education have occurred in the United States over the years, some mandated by amendments to the Individuals with Disabilities Education Act. Having a working knowledge of these initiatives allows music educators to have informed discussions with colleagues and parents and participate more fully in Individualized Education Program (IEP) meetings. Adopting special education practices that are appropriate to music education can also promote consistent and coordinated efforts on behalf of students with disabilities. This article includes summaries of current practices and initiatives in special education. For music educators who would like a basic understanding of their colleagues’ discipline, these summaries offer useful information that can facilitate the inclusion of students with disabilities.

The Emperor Has No Clothes: Improving the Quality and Compliance of ITPs

2017 ◽  
Vol 41 (3) ◽  
pp. 146-155 ◽  
Author(s):  
Gary Greene
Keyword(s):  
Special Education ◽  
Students With Disabilities ◽  
Special Education Teachers ◽  
Education Program ◽  
Individualized Education Program ◽  
Disabilities Education Act ◽  
Transition Plan ◽  
Age Appropriate ◽  
Education Act ◽  
Assessment Results

The Individuals With Disabilities Education Act of 2004 (IDEA) requires that an Individualized Education Program (IEP) for students with disabilities, age 16 years and older, include age appropriate transition assessment results aligned with measurable postsecondary goals. This section of the IEP is typically known as an Individual Transition Plan (ITP). A recent investigation found a number of ITPs did not meet the requirements of the IDEA. To support special education teachers in writing IDEA-compliant ITPs, this article presents suggestions for developing quality ITPs with specific emphasis on transition assessment. Discussion includes potential explanations for the lack of quality in presenting transition assessment results, recommendations for conducting transition assessment, transition assessment resources, and examples of quality and IDEA-compliant ITPs.

Honoring Team Decision-Making During Manifestation Determination Meetings Through Collaborative and Proactive Solutions

2021 ◽  
pp. 105345122110148
Author(s):  
Laura Trapp ◽  
Tracy Gershwin ◽  
Jason Robinson
Keyword(s):  
Students With Disabilities ◽  
Student Outcomes ◽  
Individualized Education Program ◽  
Rigorous Analysis ◽  
Specific Data ◽  
Team Members ◽  
Manifestation Determination ◽  
Disabilities Education Act ◽  
Team Decision ◽  
Education Act

The Individuals With Disabilities Education Act requires schools to conduct a manifestation determination (MD) meeting when suspending students with disabilities for more than 10 days. The MD procedure is intended to safeguard educational access by providing a process to determine if a student’s disability is related to the suspending behavior. An accurate decision requires educational team members to effectively collaborate to review relevant data and the student’s individualized education program. Collaborative and proactive solutions (CPS) offer a framework for collaboration that may ensure that all team members meaningfully participate during the MD meeting while encouraging a rigorous analysis of student-specific data. The use of CPS is proposed as a framework to generate meaningful collaboration in MD meetings, which may result in positive student outcomes that reach beyond merely addressing a behavioral violation.

Adapted Physical Education: Meeting the Requirements of the Individuals With Disabilities Education Act

2021 ◽  
pp. 004005992110383
Author(s):  
Mitchell L. Yell ◽  
Scott McNamara ◽  
Angela M. T. Prince
Keyword(s):  
Physical Education ◽  
Students With Disabilities ◽  
Individualized Education Program ◽  
Department Of Education ◽  
Adapted Physical Education ◽  
Individuals With Disabilities ◽  
Education Services ◽  
Free Appropriate Public Education ◽  
Disabilities Education Act ◽  
Education Act

The Individuals with Disabilities Education Act (IDEA) requires that school districts provide eligible students with specially designed instruction that confers a free appropriate public education (FAPE). Depending on the unique needs of a student, FAPE may include physical education services. The IDEA also requires that a student’s individualized education program (IEP) include adapted physical education services, when deemed necessary to meet a student’s needs. In this paper we (a) define and compare physical education and adapted physical education, (b) examine the FAPE of the IDEA requirements regarding physical education and adapted physical education, (c) review a recent policy letter issued by the U.S Department of Education on adapted physical education, (d) highlight several court cases on adapted physical education for students with disabilities, and (e) offer guidance on when to include physical education and adapted physical education in students’ IEPs.

Least Restrictive Environment and the Education of Children with Disabilities

2019 ◽  
Author(s):  
Mark C. Weber
Keyword(s):  
Students With Disabilities ◽  
Inclusive Education ◽  
Children With Disabilities ◽  
Least Restrictive Environment ◽  
The United States ◽  
Special Education Law ◽  
Disabilities Education Act ◽  
Education Act ◽  
Restrictive Environment ◽  
Appropriate Education

This chapter discusses the obligation in the federal special education law to provide education to children with disabilities in the least restrictive environment. It describes the relevant statutory and regulatory provisions and the prominent cases, and explores ongoing scholarly controversies about the least restrictive environment requirement and its application. The chapter observes that disputes over the least restrictive environment for a given child are often disputes over the range of accommodations and services that the schools must provide so that appropriate education of a child with disabilities may be achieved without separating the child from peers who do not have disabilities. Both the text and the judicial interpretations of the Individuals with Disabilities Education Act operate in such a way that the negative command to not segregate students with disabilities becomes a positive command to afford services to make inclusive education work. The chapter concludes by briefly comparing the developments in the United States with those in other countries.

Teacher Knowledge in Transition Planning: Does Locale Matter?

2021 ◽  
pp. 875687052110279
Author(s):  
Malarie E. Deardorff ◽  
Corey Peltier ◽  
Belkis Choiseul-Praslin ◽  
Kendra Williams-Diehm ◽  
Melissa Wicker
Keyword(s):  
Professional Development ◽  
Students With Disabilities ◽  
Teacher Knowledge ◽  
Planning Process ◽  
Transition Planning ◽  
Individualized Education Program ◽  
Future Research ◽  
Knowledge Based ◽  
Transition Plans ◽  
Education Act

The Individuals With Disabilities Education Act mandates transition planning to occur in conjunction with the individualized education program for secondary age students with disabilities beginning by age 16, or earlier. To fulfill this mandate, teachers must possess a depth of content and pedagogical knowledge related to the transition planning process. However, the majority of special educators do not receive coursework dedicated to transition in their undergraduate programming. Furthermore, teachers in under-resourced and underserved rural districts may have inequitable professional development opportunities to bolster their transition planning knowledge. This lack of transition-related education potentially leads to inadequate and noncompliant transition plans for students with disabilities. The current study examined differences in teachers’ knowledge based on locale: rural ( n = 75), suburban ( n = 48), and urban ( n = 64) from one southern state. Determining whether differences are identified by locale can inform the allocation of resources to provide high-quality, evidence-aligned professional development models to improve teacher knowledge in underserved and under-resourced rural locales. In addition, identifying gaps in teacher knowledge will inform pre-service and in-service teacher preparation. We provide an avenue of needed future research to improve transition-planning processes for students with disabilities.

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