Since 1948 when the United Nations adopted the Universal Declaration of Human Rights, all students have been declared the right to education. The rights of disabled students have not been explicitly addressed, however, and each country has developed their own rules and regulations. Although similarities exist among the different countries, differences are evident, especially in both the extent and acknowledgment of these rights. The Legal Rights of Students with Disabilities: International Perspectives examines the rights of disabled students in ten diverse countries on six continents. Written by leading experts in education law, this volume provides comparative insights to help meet the educational needs of disabled students. The book also offers strategies to manage the legal and educational complexities associated with special education.
Aimed at parents of and advocates for special needs children, explains how to develop a relationship with a school, monitor a child's progress, understand relevant legislation, and document correspondence and conversations.
The passage of the Americans with Disabilities Act in 1990 was hailed as revolutionary legislation, but in the ensuing years restrictive Supreme Court decisions have prompted accusations that the Court has betrayed the disability rights movement. The ADA can lay claim to notable successes, yet people with disabilities continue to be unemployed at extremely high rates. In this timely book, Samuel R. Bagenstos examines the history of the movement and discusses the various, often-conflicting projects of diverse participants. He argues that while the courts deserve some criticism, some may also be fairly aimed at the choices made by prominent disability rights activists as they crafted and argued for the ADA. The author concludes with an assessment of the limits of antidiscrimination law in integrating and empowering people with disabilities, and he suggests new policy directions to make these goals a reality.
In the movement toward standards-based education, an important question stands out: How will this reform affect the 10% of school-aged children who have disabilities and thus qualify for special education? In Educating One and All, an expert committee addresses how to reconcile common learning for all students with individualized education for "one"â€"the unique student. The book makes recommendations to states and communities that have adopted standards-based reform and that seek policies and practices to make reform consistent with the requirements of special education. The committee explores the ideas, implementation issues, and legislative initiatives behind the tradition of special education for people with disabilities. It investigates the policy and practice implications of the current reform movement toward high educational standards for all students. Educating One and All examines the curricula and expected outcomes of standards-based education and the educational experience of students with disabilitiesâ€"and identifies points of alignment between the two areas. The volume documents the diverse population of students with disabilities and their school experiences. Because approaches to assessment and accountability are key to standards-based reforms, the committee analyzes how assessment systems currently address students with disabilities, including testing accommodations. The book addresses legal and resource implications, as well as parental participation in children's education.
[This text] teaches you how to use the law as your sword and your shield. Learn what the law says about: Child's right to a free, appropriate education (FAPE); Individual education programs, IEP teams, transition and progress; Evaluations, reevaluations, consent and independent educational evaluations; Eligibility and placement decisions; Least restrictive environment, mainstreaming, and inclusion; Research based instruction, discrepancy formulas and response to intervention; Discipline, suspensions, and expulsions; Safeguards, mediation, confidentiality, new procedures and timelines for due process hearings.--Back cover.
Clear, well organized presentation of IDEA and other pertinent federal laws, together with well organized discussion of relevant cases, help educators understand and apply their knowledge in concrete situations. The emphasis of this practical book is on increasing understanding at a conceptual level rather than rote memorization of detailed provisions of the IDEA and other laws. By understanding the law, educators will be better equipped to work with future amendments of IDEA and with new laws that may be enacted by Congress. They will also have an increased ability to apply statutory provisions to specific situations. Part I - Constitutional Framework: provides important background in understanding the authority that Congress has to enact laws that impact on education in the United States and the authority that the courts have to interpret laws. Includes discussion of the judicial system, the key provisions of the United States Constitution, due process, equal protection, the statutes of certain regulations, and a brief overview and comparison of the Individuals with Disabilities Education Act (IDEA), the Rehabilitation Act (RA), and the Americans with Disabilities Act (ADA). Part II - IDEA: covers background, basic language and coverage, duty to evaluate, FAPE, IEP, placement, related services, inclusions/least restrictive environment, private school, discipline, mediation, due process, and court proceedings. Sample forms are included to supplement discussion with concrete examples to aid understanding. Part III - RA and ADA: covers RA/ADA basics, such as who is an individual with a disability, what entities are covered, enforcement provisions, and application to schools, universities, and employers. Part IV - Other Legal Issues: covers No Child Left Behind, FERPA, tort liability, and high stakes testing issues. At the end of each part there is a very basic question and answer section to assist the student in focusing on major points in each part.
This casebook is designed to enable students to grapple with the conceptual issues in the area of disability rights law. It covers all of the major issues in disability rights law.
