Flashcards — Wrightslaw Special Education Law

1) Provide education that meets a child's unique needs and prepares them for further education, employment, and independent living. 2) Protect the rights of children with disabilities and their parents.

Title 20 of the United States Code, beginning at Section 1400 (cited as 20 U.S.C. § 1400 et seq.).

Volume 34, Part 300 of the Code of Federal Regulations (cited as 34 CFR § 300).

29 U.S.C. § 794 et seq.

20 U.S.C. § 1232 et seq.

42 U.S.C. § 11431 et seq.

Brown v. Board of Education, 347 U.S. 483 (1954), which established that all children have the right to equal educational opportunities.

PARC (Pennsylvania Assn. for Retarded Children v. Commonwealth of PA) and Mills v. Board of Education (D.C.) were early 1970s cases that challenged exclusion of children with disabilities from public schools, catalyzing passage of Public Law 94-142.

The Education for All Handicapped Children Act, enacted November 19, 1975. It established the right to education for all children with disabilities and created procedural safeguards to protect their rights.

The core entitlement under IDEA — special education and related services designed to meet a child's unique needs, provided at no cost to parents, as defined in 20 U.S.C. § 1400(d).

Established the standard for FAPE: schools must provide personalized instruction with sufficient support services to permit the child to benefit educationally, but are not required to maximize potential.

Determined that certain health services (clean intermittent catheterization) are 'related services' required under IDEA when necessary for a child to attend school and benefit from special education.

Parents who unilaterally place a child in a private school may be reimbursed for tuition if the IEP was inadequate and the private placement was appropriate.

Schools cannot unilaterally exclude students with disabilities through long-term suspensions or expulsions for disability-related behavior; the 'stay-put' provision must be followed.

Parents can receive tuition reimbursement for a private placement even if the private school does not meet all IDEA requirements, as long as the IEP was inappropriate and the private placement provided a FAPE.

Continuous one-on-one nursing services required during school hours are 'related services' under IDEA that schools must fund, if necessary for the child to access education.

The burden of proof in IDEA due process hearings rests on the party seeking relief, which is typically the parents challenging the IEP.

IDEA does not authorize courts to award expert witness fees to prevailing parents; only attorneys' fees are recoverable under IDEA's fee-shifting provision.

The U.S. Constitution's Supremacy Clause requires that when a state law conflicts with federal law, federal law controls. States may provide MORE rights than IDEA but never fewer.

A statute is a law passed by a legislature (e.g., IDEA). A regulation clarifies and explains the statute, is developed by an agency (e.g., Dept. of Education), and has the same force of law.

The 'Analysis of Comments and Changes' published with the IDEA 2004 regulations in the Federal Register (pp. 46547–46743). It clarifies definitions, disputed issues, and plain meaning of regulations — invaluable for legal research.

Part A: General Provisions (§§1400–1409); Part B: Assistance for All Children with Disabilities (§§1411–1419); Part C: Infants and Toddlers (§§1431–1444); Part D: National Activities (§§1450–1482); Part E: National Center for Special Education Research (§9567).

Section 504 prohibits discrimination against people with disabilities and requires accommodations, modifications, and improved access. Unlike IDEA, it does not provide special education services but ensures access to general education programs.

Immediate school enrollment for homeless children, decisions made in the 'best interest of the child,' and that homeless children with disabilities retain their rights under IDEA.

The privacy and confidentiality of student educational records. It governs parental access, amendment, disclosure, and destruction of records.

§1400 (Findings & Purposes), §1401 (Definitions), §1412 (State Eligibility), §1413 (LEA Eligibility), §1414 (Evaluations, IEPs, Placements), §1415 (Procedural Safeguards).

Latin for 'and the following ones.' It indicates the law begins at the cited section and continues in subsequent sections (e.g., 20 U.S.C. § 1400 et seq.).

Of 8+ million children needing special education, only 1.9 million received appropriate education; 1.75 million received NO services; 2.5 million received inappropriate education.

Congress found ongoing overrepresentation: African-American children were identified with mental retardation and emotional disturbance at disproportionately high rates. Advocates must watch for inappropriate placements driven by race rather than disability.