Product Cover Image

Legal Aspects of Special Education

By Kurt E. Hulett

Published by Pearson

Published Date: Mar 27, 2008


For every course in Special Education Law and Education Law, or as a perfect supplement to any Educational Administration course, Legal Aspects of Special Education was written by a practitioner to help teachers, administrators, and advocates understand special education law in everyday language– without excessive legalese or extraneous case law. Different in many ways from other special education law texts on the market, all of the elements of this text are intended to help its students obtain the most critical information about special education law and how it is applied in the real world. Some unique features include: a fascinating opening interview and then epilogue with Joe Ballard, a pioneer of the IDEA movement; a discussion of Response-to-Intervention (RTI) and the implication of IDEA 2004 for school districts; and a discussion of the history of special education and its link to the Civil Rights Movement. Additionally, the book provides case studies and application questions, critical thinking questions, the most current information on the laws including No Child Left Behind and the Individuals with Disabilities Education Act of 2004, and a discussion of major trends changing the laws, including that of autism.

Table of Contents

1.    The Basics of Law

Constitutional Law

Statutory Law

Regulatory Law

Case Law

2.    History and Advocacy

The Birth of a Field

The Civil War Amendments

The Civil Rights Movements


Pennsylvania Association for Retarded Citizens v. Pennsylvania (1972)

Mills v. Board of Education of the District of Columbia (1972)

The Pinnacle of Special Education Advocacy

3.    The Individuals with Disabilities Education Act

Structure of the IDEA

Evolution of the Law

Special Education

The Six Pillars of IDEA


Free and Appropriate Public Education (FAPE)

Least Restrictive Environment (LRE)

Appropriate Evaluation

Parent and Teacher Participation

Procedural Safeguards

Confidentiality of Information

Transition Services



4.   Section 504 of the Rehabilitation Act of 1973

Discrimination Under Section 504




Eligibility for Services



Health and Medical Issues




5.    The Americans with Disabilities Act

Purpose of the Act

Definition of a Disability

Structure of the Act

Effective Dates

Title I:    Employment

Title II:    Public Services

Title III:   Public Accommodations

Title IV:  Telecommunications

Title V:   Miscellaneous Provisions


6.    IDEA 2004 Meets No Child Left Behind

Highly Qualified Teachers



7.    Free and Appropriate Public Education

Federal Requirements

Understanding FAPE

The Rowley Decision

Post-Rowley Decisions

Procedural Errors

Service Delivery Models


Financial Considerations

School-Based Measures to Determine if FAPE is Achieved

8.    Least Restrictive Environment

Federal Definition of LRE

Intent and Purpose of the LRE Requirement


Zero Reject

Determining the LRE


Roncker v. Walter (1983)

Daniel R. R. v. State Board of Education (1989)

Sacramento City Unified School District v. Rachel H. by Holland (1994)

Hartmann v. Loudoun County Board of Education (1998)

LRE and Section 504 of the Rehabilitation Act of 1973

9.    Evaluation and Assessment

The Evaluation Process

Issues of the Traditional Model of Assessment

The Contemporary Model of Assessment

Response-to-Intervention (RTI)

Monitoring Progress and Accountability in Education

Eligible Children

Inter-connection of the Eligibility Decision Making Process

10.    The Individualized Education Program

Intent of the IEP

Common Issues and Litigation

The 2004 IDEA Amendments and the IEP


The Function of the IEP

the IEP Team

IEP Development: Components of the IEP

Component 1: The Present Level of Performance

Component 2: Annual Goals

Component 3: Reporting of Student Progress

Component 4: Accommodations, Modifications, and Support Services

Component 5: Least Restrictive Environment and Related Services

Component 6: Participation in State and Districtwide Assessments

Component 7: Frequency and Duration of Services

Component 8: Transition Services

Documentation of Participation, Consent and Prior Notice

Additional Components of the IEP

Program Planning

11.    Procedural Safeguards

The Right to Be Notified

The Right to Dissent

The Right to be Fully Informed

The Right to a Surrogate

The Right to Non-Adversarial Conflict Resolution

The Right to a Hearing

Burden of Proof

The Right to a Qualified and Impartial Hearing Officer

The Right to Appeal

The Right to Reimbursement


Baseline Considerations

The 10-Day Suspension

The Guarantee of FAPE

Authority for Change and Placement

Manifestation Determination

Appeal: Dissent, Hearing, Decision

What Did the LEA Know?

Law Enforcement

Epilogue    Future Implications




Legal Aspects of Special Education

This title is currently unavailable on myPearsonStore.