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    Preventing Litigation in Special Education Workbook
    Preventing Litigation in Special Education Workbook
    Preventing Litigation in Special Education Workbook
    Ebook124 pages1 hour

    Preventing Litigation in Special Education Workbook

    By The Legal Center for People with Disabilities and Older People

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    About this ebook

    Preventing Litigation in Special Education Workbook is a supple¬ment to the award-winning book, The Everyday Guide to Special Education Law. This workbook combines practical information on special education with actual case examples that are presented in a concise story format.

    LanguageEnglish
    PublisherThe Legal Center for People with Disabilities and Older People
    Release dateApr 8, 2011
    ISBN9780977017959
    Preventing Litigation in Special Education Workbook
    Author

    The Legal Center for People with Disabilities and Older People

    Disability Law Colorado protects and promotes the rights of people with disabilities and older people in Colorado through direct legal representation, advocacy, education and legislative analysis. Mighty Rights Press is a publications division of Disability Law Colorado.

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      Book preview

      Preventing Litigation in Special Education Workbook - The Legal Center for People with Disabilities and Older People

      Preventing Litigation in Special Education Workbook

      A Supplement to The Everyday Guide to Special Education Law By Dr. Jacque Phillips, Esq. and Randy Chapman, Esq.

      Copyright © 2011 The Legal Center for People with Disabilities and Older People 455 Sherman Street, Suite 130 Denver, Colorado 80203

      All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without written permission from The Legal Center, except for the inclusion of brief quotations in a review.

      Smashwords Edition, License Notes

      This ebook is licensed for your personal enjoyment only. This ebook may not be re-sold or given away to other people. If you would like to share this book with another person, please purchase an additional copy for each person you share it with. If you’re reading this book and did not purchase it, or it was not purchased for your use only, then you should return to Smashwords.com and purchase your own copy. Thank you for respecting the hard work of this author.

      This publication is designed to provide accurate and general information in regard to the subject matter covered. It is sold with the understanding that the authors and the publisher are not engaged in rendering legal or other professional services. If specific legal advice is required, please consult an attorney.

      Publisher’s Cataloging-In-Publication Data (Prepared by The Donohue Group, Inc.)

      Phillips, Jacque. Preventing litigation in special education workbook : a supplement to The everyday guide to

      special education law / by Jacque Phillips and Randy Chapman. p. ; cm.

      Book and Cover Design by MacGraphics Services Edited by Mary Anne Harvey Production coordinated by Julie Z. Busby, Randy Chapman and Mary Anne Harvey Indexing by Katie Bright, Eagle-Eye Indexing Printing by United Graphics, Inc.

      Table of Contents

      Introduction

      How to Use this Workbook

      Conclusion: Litigation Prevention

      I. Avoiding Stormy IEP Meetings: Tips for Chairing an IEP Meeting

      Eight Tips for Planning and Chairing an IEP Meeting

      II. Discipline and Disability: Determining When a Child’s Misbehavior in School Is Related to His Disability

      III. From the Outside Looking In: Independent Educational Evaluations

      Independent Educational Evaluations at Parent Expense

      Independent Educational Evaluations at Public Expense

      What Does Public Expense Mean?

      May the Independent Evaluator Observe the Student in the Current Placement?

      IV. Case One: Behavior Manifestation

      Outcome of Case One: Behavior Manifestation

      V. Case Two: Exclusion

      Outcome of Case Two: Exclusion

      VI. Case Three: Behavior Intervention Plans

      Outcome of Case Three: Behavior Intervention Plans

      VII. Case Four: Behavior Intervention Plans

      Outcome of Case Four: Behavior Intervention Plans

      VIII. House Passes HR 4247 Keeping All Students Safe Act

      IX. Case Five: The Restraint Case

      Outcome of Case Five: The Restraint Case

      X. Getting the Most Out of the Least Restrictive Environment

      XI. Case Six: Least Restrictive Environment

      Outcome of Case Six: Least Restrictive Environment

      XII. Looking at the Trees in the Forest Grove Decision

      XIII. Special Education Services in the Summer: The IDEA and Extended School Year

      XIV. AT Is Where It’s At: Obtaining Assistive Technology for Students with Disabilities

      The IDEA and Assistive Technology

      XV. Case Seven: Reimbursement

      Outcome of Case Seven: Reimbursement

      XVI. Case Eight: Principal Liability

      Outcome of Case Eight: Principal Liability

      XVII. Opening the School Door to Section

      Schools and Section 504 of the Rehabilitation Act

      XVIII. Sticks and Stones Can Break Your Bones but Words Can Break Your Heart: Preventing Disability Harassment in School

      XIX. Band Director’s Unilateral Decision Denying Student with a Disability Full Participation in Marching Band Violates 504

      XX. The ADA/504 and Assistance in Toileting in Public Before School and After School Programs

      XXI. Protection from Retaliation

      XXII. Case Nine: Section 504

      Outcome of Case Nine: 504

      XXIII. Case Ten: Excessive Force/Disability Harassment

      Outcome of Case Ten: Excessive Force/Disability Harassment

      XXIV. We Can Work It Out Part I: Using Mediation to Resolve Disputes Under the IDEA 2004

      XXV. We Can Work It Out Part II: Using the Resolution Process to Resolve Disputes Under the IDEA 2004

      XXVI. Due Process Hearing

      Timeline for Requesting a Hearing

      Qualifications of the Hearing Officer

      Rights in the Hearing Process

      Timeline for the Decision

      Appeal Process

      Concluding Thoughts Regarding Due Process Hearings

      Acknowledgements

      Dr. Jacque Phillips, Esq.

      I would like to acknowledge my mentors in the field of special education law including Randy Chapman, Alison Daniels, Sandra Roesti, Kim Dvorchak, and Professor Hardaway. Many of my university students test drove the workbook and gave feedback for which I am grateful. Dr. Sarah DeHaas did primary editing which was critical. I also want to thank the people in my world who have been supportive on this and all my work: Mom, Amanda (and those beautiful babies), Jeff, Jon, Bob and the whole Pack in which my family travels.

      Randy Chapman, Esq.

      I would like to acknowledge Mary Anne Harvey, the Executive Director of The Legal Center for People with Disabilities and Older People, for coordinating the production of this book and for her excellent editing skills. Thanks to Julie Busby, our Office Manager, for her many suggestions and help in the book’s production.

      I want to express my appreciation for the support of the board members and staff of The Legal Center for People with Disabilities and Older People, past and present. Since the creation of The Legal Center in 1976, their work has made a difference in the lives of people with disabilities and older people.

      Last but not least, I want to acknowledge Carol, Connor, and Sean Chapman for letting me live with them.

      Dedication

      Jacque Phillips dedicates this book in memory of

      Granny Bergan, for teaching us to travel in Packs.

      Randy Chapman dedicates this book in memory of

      Diane Carabello who worked tirelessly to help raise funds for The Legal Center for People with Disabilities and Older People and our publishing endeavor

      and

      Patricia S. Tomlan, Ph.D. She was a teacher’s teacher and advocate for the rights of children with disabilities.

      Introduction

      Students with disabilities are entitled to a free appropriate public education. Under the Individuals with Disabilities Education Act (IDEA), an appropriate public education means specially designed instruction to meet the unique needs of the student with a disability. It also means educating the student with a disability in the least restrictive environment (LRE). That means educating the student with a disability, to the maximum extent appropriate, along side students without disabilities. Under the IDEA, educational services are planned by a team that includes the student’s parents. That team discusses the student’s educational needs, determines services to meet those needs, and writes those services into a plan called the Individualized Educational Program (IEP).

      Two other laws, Section 504 of the Rehabilitation Act and the Americans

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