A Call for Amicus Briefs as a Means to Influence Special Education Policy: Lessons Learned From Endrew F.

2019 ◽  
Vol 30 (3) ◽  
pp. 131-137
Author(s):  
Maria M. Lewis ◽  
Laura E. Bray

Given the legal nature of special education, a particularly promising avenue for infusing research into practice is through court cases. Recent work has illuminated the influence of amicus briefs in court decisions. An amicus brief is a nonparty brief submitted by a person, group of people, or organization that provides insight and expertise on issues presented in a case. In this exploratory study, we examined how interest groups, through the amicus brief process, used research in a recent Supreme Court case, Endrew F. v. Douglas County School District. The case focused on a fundamental principle at the heart of the Individuals with Disabilities Education Act, the definition of a free appropriate public education, an issue in which researchers, practitioners, and policymakers alike should be interested. Our findings indicate that researchers and research played a limited role in the briefing process. We conclude with a discussion of potential reasons for the lack of research in the briefing process, as well as a call for the field to use amicus briefs as a means to influence special education policy and practice.

Author(s):  
Mitchell L. Yell ◽  
David F. Bateman

The purpose of this article is to examine the free appropriate public education (FAPE) requirements of the Individuals With Disabilities Education Act (IDEA). The authors first briefly examine the definition of FAPE in the IDEA. Second, they delve into the U.S. Supreme Court’s decisions in Board of Education v. Rowley and Endrew F. v. Douglas and how these decisions have affected the definition of FAPE. They next address the procedural, substantive, and implementation errors school district personnel often make when developing students’ special education programs. They offer suggestions on how faculty members can prepare their preservice teachers to understand and avoid these errors and develop educationally meaningful and legally correct special education programs that confer a FAPE.


Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 38
Author(s):  
Michael Rozalski ◽  
Mitchell L. Yell ◽  
Jacob Warner

In 1975, the Education for All Handicapped Children Act (renamed the Individuals with Disabilities Education Act in 1990) established the essential obligation of special education law, which is to develop a student’s individualized special education program that enables them to receive a free appropriate public education (FAPE). FAPE was defined in the federal law as special education and related services that: (a) are provided at public expense, (b) meet the standards of the state education agency, (c) include preschool, elementary, or secondary education, and (d) are provided in conformity with a student’s individualized education program (IEP). Thus, the IEP is the blueprint of an individual student’s FAPE. The importance of FAPE has been shown in the number of disputes that have arisen over the issue. In fact 85% to 90% of all special education litigation involves disagreements over the FAPE that students receive. FAPE issues boil down to the process and content of a student’s IEP. In this article, we differentiate procedural (process) and substantive (content) violations and provide specific guidance on how to avoid both process and content errors when drafting and implementing students’ IEPs.


1987 ◽  
Vol 53 (4) ◽  
pp. 295-299 ◽  
Author(s):  
Marleen Pugach ◽  
Mara Sapon-Shevin

The calls for educational reform that have dominated the professional and lay literature for the past few years have been decidedly silent in discussing the role of special education either as a contributor or a solution to the problems being raised. As an introduction to this “Special Focus” on the relationship between general educational reform and special education, this article summarizes some of the more prominent reports with regard to their treatment (and nontreatment) of special education. The impact of proposed reforms for the conceptualization and operation of special education is the subject of the five articles that follow.


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