How to Find Legal
Information in Special Education -
Everyone involved in special education—school administrators,
classroom teachers, other special education professionals,
psychologists, parents, and attorneys—needs to be familiar with the
legal requirements and responsibilities for educating children with
disabilities and the liabilities if those responsibilities are not
fulfilled.
Parent Representation - The
American Bar Association has launched a new website dedicated to
attorneys representing parents in child protective proceedings. The
site contains resources, information about upcoming trainings and
other materials. Parents' attorneys can also sign up for a listserve
where they can share resources, ask questions, etc. This is part of
a new initiative launched by the Bar to strengthen the
representation parents receive.
Quick List of 30+ Top Sources of Worldwide News -
click here.
Quick
List of 35+
Sources of Michigan News -
click here.
Resources from the National Council on Disability -
click here.
MI
Michigan Child Welfare Source Book - The Child Advocacy Clinic at the
University of Michigan Law School has just updated the Michigan Child
Welfare Law Source Book. The Source Book is a helpful and convenient
compilation of statute, court rules and related materials relating to child
protection and juvenile delinquency cases. It contains the Child Protection
Law, Juvenile Code, Juvenile Court Rules, Indian Child Welfare Act,
Guardianship of Minors provisions of the Estates and Protected Individuals
Code, etc. To obtain a copy of the Source Book, please send a check for $35
to The Child Advocacy Law Clinic, 625 S. State Street, 313 Legal Research
Building, Ann Arbor, MI 48109-1215.
Legal Requirements and Court Cases in Support of Inclusion
- The most current language of the federal mandate concerning
inclusive education comes from the 1997 Amendments to the Individuals With
Disabilities Education Act (IDEA). These federal regulations include rulings
that guide the regulation. The IDEA requires that children with disabilities be
educated in regular education classrooms unless "the nature and severity of the
disability is such that education in the regular classes with the use of
supplementary aids and services cannot be achieved satisfactorily." This means
that schools have a duty to try to include students with disabilities in the
regular general education classes.
Downloadable Booklet:
Legal Tools to End Youth Homelessness
(PDF; size=308k) - The National Law Center on Homelessness & Poverty (NLCHP)
has just finished a new booklet on "Legal Tools to End Youth Homelessness." The
booklet discusses access to shelter/housing, public benefits, job training,
public school, college and emancipation for unaccompanied youth. It also talks
about mandatory reporting of runaway youth. The booklet is in a Q&A format
designed to be accessible to non-lawyers. The booklet can be freely copied and
shared. Comments and feedback can be shared with Patricia Julianelle, National
Law Center on Homelessness & Poverty, 1411 K Street, N.W., Ste. 1400,
Washington, DC 20005. Phone (202) 638-2535 or 1-800-741-8034.
Stephen Jeffers v. School Board - Stephen
Jeffers v. School Board is a two-hour documentary that takes you through a
special education due process hearing, from initial preparation to testimony by
the final witness. You see exciting direct examination, dramatic
cross-examination, arguments between counsel and objections to hearsay and
leading questions.
Juvenile Law Center -
Advancing the rights and well-being of children in jeopardy. A Pennsylvania
based site providing national coverage of juvenile justice initiatives and
issues as well as excellent summaries of recent court cases.
The
Americans with Disabilities Act (ADA)
Disabled Win Right to Sue States Over Court Access -
The Supreme Court upheld the rights of disabled people under a
national law meant to protect them, ruling Monday that a
paraplegic who crawled up the steps of a small-town courthouse
can sue over the lack of an elevator.
Parent Sharing: There is a website
where you can take a course on the ADA. You
can take it for free for no credit or pay $50 to earn a CEU credit. It
takes a few hours to complete and it's
pretty good. Go to
www.adabasics.org for more information.
(You don't have to do it all at one time.)
- WP
The
Americans with Disabilities Act (ADA) in Depth
- The Americans with Disabilities Act (ADA) is the most
comprehensive federal civil-rights statute protecting the rights of
people with disabilities. It affects access to employment; state and
local government programs and services; access to places of public
accommodation such as businesses, transportation, and non-profit
service providers; and telecommunications (from
the Center for an Accessible Society).
ADA Training Module -
Unit 1: Americans with Disabilities Act (ADA) - Upon
completing this unit you should be able to: Explain the ADA and
why it is needed. Define an ADA covered disability. List and explain
the five titles of the ADA. Identify actions prohibited in the
workplace. Discuss common misconceptions about the ADA. List one
source for additional ADA information. Be aware of the value of ADA
training for managers. Module from Georgia Governor's Council
for Developmental Disabilities and Georgia Disability Advocate
Consulting Group, Inc.
See our expanded
section on IDEA & IDEA Reauthorization - click here.
Section 504
Rehabilitating Section 504 -
This report provides a blueprint for addressing the
shortcomings that have hindered Section 504 compliance and enforcement
until now. Among the various strategies and approaches to improve
Section 504, NCD recommends that the Federal Government conduct
periodic and thorough Section 504 self- evaluations; improve data
collection and dissemination of data about Section 504 enforcement
efforts; bolster Department of Justice resources and guidance to
federal agencies on Section 504 enforcement; and apply successful
practices in Section 504 technical assistance and enforcement used by
federal agencies.
See our
expanded section on Section 504 -
click here.
Miscellaneous Legal Resources
Supreme Court Audio Set for
Downloading- Getting audio recordings of landmark legal
arguments is becoming as easy as downloading the latest Outkast
single. For the first time, Internet users can download, edit
and swap many of the U.S. Supreme Court's greatest hits.
Need to find a
court reporter for a deposition in Michigan? Now there is a web
site designed just for you.
www.MichiganReporters.com is the most comprehensive database web
site of Michigan court reporters. With 900 statewide listings, you're
sure to find a qualified reporter.
Lawyer Software Gets Thumbs Up
- Nature sends fleas to irritate dogs and lawyers to irritate
humans. But there are software programs that can minimize the legal
bite and itch, and one of them is Family Lawyer 2003 Deluxe Home and
Business from Broderbund software for Windows 98 and later machines.
Articles Related to Legal Research
A Primer of Special Education Law:
Teaching Exceptional Children
- Teachers and parents often find special education law complex and
confusing. One way to get a basic foundation in special education law is to
start with the Top 5 case concepts from the Supreme Court.
Supreme Court Nominee’s Record
Includes Legal Issues in Education - President
Bush's nominee for the Supreme Court, John G. Roberts, Jr., has dealt closely as
an appellate advocate with some of the most controversial issues in education.
If confirmed, he would bring to the high court perhaps the greatest firsthand
knowledge of the concerns of school district officials of anyone since Justice
Lewis F. Powell, Jr., who had served on the school board of Richmond, Virginia,
and on the Virginia state board of education.
MI
Cox Rules Schools
Must Enroll Ex-charter School Students - Traditional public school
districts must enroll students within their boundaries who leave public school
academies and may not treat them as nonresidents, Attorney General Michael Cox
ruled Wednesday. He said the districts must accept the students regardless of
when in the academic year they elect to transfer, importantly even after the
official count day when state aid is calculated.
U.S.
HIPAA:
Patient Privacy Rules Bring Wide Confusion -
The transplant patient was recovering well when doctors discovered that his
new heart might have been infected with bacteria before the operation. When the
doctors sought more information so they could give the man the right
antibiotics, the hospital where the donor had died refused, citing new federal
patient privacy rules. "It was ridiculous. The only live part of the donor
was in our patient," said Deeb Salem.
IL
Employee Benefits Plan
Administrator Acted Irrationally in not Covering Autism-Related
Therapies - A health insurance plan administrator acted
arbitrarily and capriciously in denying coverage of autism- related
speech, integrated sensory, and occupational therapies for a plan
participant's son , the U.S. District Court for the Northern District
of Illinois ruled July 21, 2003 (Wheeler v. Aetna Life Insurance Co.,
N.D. Ill., No. 01 C 6064, 7/21/03).
EEOC Makes Resource
Information Available on Cd-Rom:
Electronic Version Has Full Search
Capabilities and is Available Through Direct Order - Chair Cari M.
Dominguez today announced that the U.S. Equal Employment Opportunity
Commission (EEOC) has made its seven-volume set of Technical
Assistance Resource Manuals available for purchase on CD-ROM. For the
first time, computer users can search this comprehensive resource on
workplace discrimination issues by using one user-friendly compact
disc and entering simple search terms.
Abused Child Returns to
School With Legal Protectionsfrom Wrightslaw's
Special Ed Advocate
-
"Sometimes, we learn
about a case that triggers intense emotions and a strong desire to
right a wrong. Alex R.'s case triggered these responses. We are
waiting to hear if Illinois school officials will right this wrong."
Observations
from the Transom by Brice Palmer
- Beyond the
technical, legal, and ethical considerations of expert witness
testimony is the continuing effort by education agencies and their
legal counsel to restrict the ability of parent attorneys and
advocates to adequately argue on behalf of disabled children and their
parents.
Can't find the word you are looking for?
Not sure of the spelling?
Use Merriam-Webster's
Dictionary.
Enter a word or phrase
New
Copyright Exemptions for Distance Educators
The Technology, Education and Copyright Harmonization (TEACH) Act by Carrie Russell With the passage of a new law on November 2, 2002,
eagerly-awaited byeducators, teachers
can now-ingeneral-use the same types of
copyrightprotected materials in the
digital classroom that they would
ordinarily usein the physical
classroom. However, in order to take advantage of theexemptions, specificobligations
outlined in the law must be met. This ERICDigest, written by the copyright specialist for theAmerican LibraryAssociation's
Office for Information Technology Policy, outlines both theprivileges and therequirements
of TEACH.For more
information visit:
http://ericit.org/digests/EDO-IR-2002-10.shtml
or
http://ericit.org/digests/EDO-IR-2002-10.pdf.
Special
Education and Related Laws, Rules, and Regulations Federal Law:
IDEA 97 (Individuals with Disabilities Education Act)
MI The
Reaching Agreement newsletter is published by the Michigan
Special Education Mediation Program. It is published twice a year
to inform the special education and early intervention communities
about activities and resources available for resolving disputes.
Consortium for
Appropriate Dispute Resolution in Special Education (CADRE) -
click here.
