Legal Articles, General Practice

What is Informed Consent and When is it Required for Special Education?

What is Informed Consent and When is it Required for Special Education?

How to Know if Your Child is Eligible for Special Education Services

Connecticut law defines a child requiring special education as a child who meets the criteria for eligibility for special education pursuant to the Individuals with Disabilities Education Act, 20 USC 1400, et seq., as amended from time to time…”

What is the Individuals with Disabilities Education Act?

What is the Individuals with Disabilities Education Act?

NCLB: Schools Must Continue to Make Progress

What happens if a school declines in standardized testing? Schools and school districts that fail to make “adequate yearly progress” are subject to corrective action and restructuring. Adequate yearly progress means, for example, that each year a school’s fourth graders score higher on standardized tests than the previous year’s fourth graders.

Special Education Law – Relevant Terms

Special Education Law – Relevant Terms

PPT: What if the School Gets it Wrong?

PPT: What if the School Gets it Wrong?

Special Education Re-Evaluations

Special Education Re-Evaluations

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.

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.