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Special Education Law

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Special Education Law

Rachel, an 11-year old child with moderate mental retardation was being placed in all special education classes. Rachel’s parents on the other hand wanted Rachel to be educated in the general education classroom as they believed that interaction with non-disabled peers would have provided Rachel with social and educational benefits.

The court finally ruled in favor of Rachel’s parents considering that the general education placement was apposite. The court determined three things:

  • Rachel benefited academically and socially in the general education classroom
  • There was no negative impact on the regular teacher or students and
  • The district was unable to support their claim that the general education classroom was cost prohibitive.


Knowledge is power and this holds especially true when the power in question is related to your child’s special education program. All of us with children having Learning Disabilities (LD) cannot be lawyers; however, a general understanding of the law, as Rachel’s parents did, to become better apostles for your children is no rocket science to know. Similarly any Special Education Instructor needs a lot to know about the law to tackle difficulty situations that they come across in this challenging career.

Let us have a quick peek into the Special Education Law related facts and information. The special education law starts in Congress. Congress and each state make laws (called codes), and then the courts interpret the law when they decide “cases.” The school district policy should always be in accordance with the federal and state codes.

Special education law mandates that every eligible child receive FAPE. Wondering what FAPE is? FAPE stands for “Free and Appropriate Public Education”. FAPE allows parents to participate in developing their child’s “Individualized Education Program” (“IEP”) to ensure that their child receives an “appropriate” education. One of the important concepts to know is that of Least Restrictive Environment (LRE) wherein IDEA ( Individuals with Disabilities Education Act) mandates that students with disabilities be educated with children without disabilities to the maximum extent appropriate and that students with disabilities be removed to separate classes or schools only when the nature or severity of their disabilities is such that they cannot receive an appropriate education in a general education classroom with supplementary aids and services. Another concept, Independent Educational Evaluations(IEE),is defined by the Federal law as "an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of the child in question."

 

align= Whenever a disagreement over the IEP reaches a deadlock, the law intervenes to resolving the disagreement. Parents often use the law to protect their child’s rights; however, a school district is also permitted to resort to law to support its IEP recommendations or to make a change in a child’s program without any parental consent. In whatsoever milieu, the most important consideration is that the party bringing the action must prove by a preponderance of evidence that the child’s program is, or is not, appropriate. On the other hand, the education law 3214 states that pupil who is insubordinate or disorderly or violent or disruptive, or whose conduct otherwise endangers the safety, morals, health or welfare of others may be suspended from required attendance upon instruction. There is another law in effect form May 2010 where New York State passed Education Law 3012-c, mandating significant changes to how educators throughout NY State are evaluated and supported.  

ExpertsLand, having answered a plethora of special education law questions, stands at a position to assure Special Education instructors and parents a one roof solution centre for all your legal queries. We, here, present some instances of questions that have been asked at ExpertsLand.

  • I am a special education teacher and this is an Instructional Aide who also happens to be a CSEA representative at the state level. She goes to all of the school board meetings for the district and hobnobs with the high level administrators. She also spends a lot of time gossiping and doing things to subvert my classroom. Today, she left her account and email open to the following sent email... The vast majority takes something in time and space and creates a totally false story around it. Here is the letter. Do I possibly have a case?
  • My grandson is a special education student. He is not getting the services agreed to on his IEP. He is also being made fun of by an adult, the IA in the room. Do I have any kind of a case here? I have been to the school several times, to no avail. They consider him un-teachable, but he is not. He had great success in his other school, but we had to move to a new school.
  • Son has ADHD/ODD and was qualified for special education. Can I ask for an assistant to be with him during class? 
    Currently he is pulled out of class for reading/math/ writing and origination. He misses a lot of instruction time. 
    I would like to ask for him to have an assistant with him during class. That why he wouldn't be pulled out during class to go over his math and reading. Is this something he would be qualified for?


A general understanding of special education law makes you capable of taking the right decisions at right time to protect your child's rights. Rachel's case is a good example of how your knowledge of law brings knowledge and power to your child. There are million such cases with difference of law in different areas of the world. ExpertsLand with its panel of professional lawyers working in this direction promises a lawyer cum guide who would take you to the process of understanding the law and taking actions. Our education law specialists are experienced and qualified enough toundertake your project.

Before assuming the law in a situation as critical as your child's, a parent must always consider consulting an education law firm familiar with the statutory and case law in your jurisdiction (area). Well, that can cost you a fortune. Another option to save bucks and get the service is to resort to our education law specialistsat reasonable prices.So what are you delaying it for? Consult an attorney at ExpertsLand right away. ExpertsLand works 24*7 with its vigorous customer service. Keeping in view the sensitivity of such cases, ExpertsLand provides the opportunity to numerous follow up questions.Register with us and get your queries resolved in no time and at best prices.

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