Legal Articles, General Practice
Placement in Appropriate Education Programs
Special education students are entitled to a free appropriate public education (otherwise known as “FAPE”), that must be tailored to the individual student. However, schools are not required to provide optimum programming – just “appropriate” programming. One federal judge has likened the difference between optimum and appropriate programming to that between a “Cadillac” and a “serviceable Chevrolet.” See Doe v. Bd. of Ed. of Tullahoma City Schools, 9 F.3d 455, 459-60 (6th Cir. 1993). However, if a particular service is required for the student’s special education needs, as evaluated, then the service must be provided without regard to how much it costs.
Special Education Law: Evaluation and Identification
Children identified as having disabilities have different rights from other students. Accordingly, the identification process is a very important step. It begins with a referral sent to the student’s school district – specifically, a written request for an evaluation of whether the child is eligible for, and needs, special education services. This request can be made by the child’s parent, school personnel, or another appropriate person (such as a physician or a social worker).
The Limited Circumstances Permitting Right to Transfer Under No Child Left Behind
Since it was passed into law in January 2002, the No Child Left Behind Act (NCLB) has been the subject of ongoing debate regarding its focus on test scores and increased teacher and administration accountability. However, one aspect of this legislation that has not received as much attention in the spotlight concerns school assignment decisions and the role of NCLB in the right to transfer.
What is “Gifted and Talented” and What If My Child Is Identified as Such?
What is “Gifted and Talented” and What If My Child Is Identified as Such?
What Steps Do Anti-Bullying Laws Take in Connecticut?
What Steps Do Anti-Bullying Laws Take in Connecticut?
What Is My Child’s School Required to Do to Prevent or Address Bullying?
What Is My Child’s School Required to Do to Prevent or Address Bullying?
Students in My Son’s School Are Bad Mouthing Him on Social Media. Is that Bullying?
Students in My Son’s School Are Bad Mouthing Him on Social Media. Is that Bullying?
Can Parents File a State or Federal Claim Against a School if Their Child is a Bullying Victim?
Though there are no federal anti-bullying laws, the United States Department of Education (DOE) sent a “Dear Colleague” letter to all boards of education throughout the country advocating a more forceful approach to addressing bullying in schools. In the letter, the DOE acknowledged that bullying “fosters a climate of fear and disrespect that can…impair the physical and psychological health of its victims” and “negatively affect learning.” More tellingly, the DOE noted that certain student misbehavior that violates a school’s anti-bullying policy could also trigger liability under federal anti-discrimination laws enforced by the Department’s Office for Civil Rights (OCR).
What is Special Education, and Is My Child Eligible For Such Services?
"The State Board of Education believes each student is unique and needs an educational environment that provides for, and accommodates, his or her strengths and areas of needed improvement. The Board also believes that a unified and coordinated continuum of educational opportunities and supports serves and benefits all students."
– Excerpted from the State Board of Education’s “Position Statement on the Education of Students with Disabilities
Every parent who has the best interests of their child at heart would most likely agree with the above statement. Making sure your child receives the best K-12 education they can is certainly the goal. However, this may appear less attainable to parents who are uncertain about the future of their disabled child, or who don’t even realize that their child has special needs.
Legal Articles Additional Disclaimer
Lawyer.com is not a law firm and does not offer legal advice. Content posted on Lawyer.com is the sole responsibility of the person from whom such content originated and is not reviewed or commented on by Lawyer.com. The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gauge a lawyer's expertise on a matter. If you are seeking specific legal advice, Lawyer.com recommends that you contact a lawyer to review your specific issues. See Lawyer.com's full Terms of Use for more information.
