Download or read book Special Education Dispute Resolution Procedures A Study of the Factors Influencing the Decision Making Practices of Special Education Administrators written by Steven Bayne and published by . This book was released on 2018 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt: My research examines how and when special education administrators use discretion during due process procedures, as well as the contexts and factors that shape decision-making. This qualitative cross-case study explores the decision-making practices of special education administrators working in high-performing and low-performing school districts in Connecticut. It is important to study this topic because there is a lack of research examining the decision-making practices of special education administrators. The existing research indicates that due process procedures are costly, contentious, and negatively impact the human and financial resources of school districts. Furthermore, due process requests continue to rise across Connecticut. I find that cost, time, stressed parent-district relationships, the burden of proof, and the perceived bias of independent hearing officers are factors that influence the decision-making of special education administrators. Consequently, special education administrators appear compelled to settle disputes through mediation. Participants reported having discretion while working with parents during PPT meetings and the early stages of due process procedures, including mediation. I find they act as street-level bureaucrats, using their discretion to build relationships, negotiate and compromise with parents, and build district programs in an effort to manage their clientele. I find high-performing districts reported a higher number of due process requests and a higher frequency of mediations. Lower-performing districts reported fewer due process and mediation requests. In these districts, families with limited resources reportedly rely on free legal aid to resolve disputes. Policy makers should consider making the following changes to special education dispute resolution procedures: a) align state and federal special education law, which would place the burden of proof on the party seeking relief, b) communicate a clear understanding of FAPE to stakeholders, and c) allow impartial mediators to provide guidance to hearing officers regarding the merits of a due process request. Future research should examine the effect mediated agreements have on special education expenditures.
Download or read book Dispute Resolution Under the IDEA written by David F. Bateman and published by Rowman & Littlefield. This book was released on 2023-02-27 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This one-of-a-kind, comprehensive resource provides information about the dispute resolution system, including: how to resolve conflicts through collaboration to avoid the dispute resolution process; how to prepare for state complaint investigations, mediations, and due process hearings; what is involved and what is expected in each; and what happens at the conclusion of the complaint investigation, mediation, or due process hearing, including how school staff can continue to work productively with parents. Using this book, readers will understand how to effectively use dispute resolution practices and procedures to facilitate collaborative and positive partnerships between parents and school personnel in order to better serve students with disabilities.
Download or read book A Comparison of Mediation and the Due Process Hearing as Means for Resolution of Disputes in Special Education written by James Ellis Lake and published by . This book was released on 1991 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Special Education Law Annual Review 2020 written by David F. Bateman and published by Rowman & Littlefield. This book was released on 2021-09-17 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a primer on the (a) dispute resolution system of the Individuals with Disabilities Education Act (IDEA), (b) the U.S. Department of Education, IDEA and Section 504 of the Rehabilitation Act, and (c) online resources to locate special education law. The book also provides a presentation of all policy letters on special education issued by the U.S. Department of Education in 2020 and a synopsis of all special education cases heard by the U.S. Court of Appeals in 2020 brought under the Individuals with Disabilities Education Act (IDEA) and Section 504.
Download or read book Special Education Law Case Studies written by David F. Bateman and published by Rowman & Littlefield. This book was released on 2019-01-12 with total page 143 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tremendous changes have occurred over the past decade in the provision of services to students with disabilities. Federal mandates continue to define requirements for a free appropriate public education (FAPE) in the least restrictive environment. Additionally, there has been an increase in the number of lawsuits filed against school districts regarding the provision of educational services for students with disabilities. Case studies are a helpful way to understand these difficult issues. The case studies presented here are actual students eligible for special education and related services. The case studies are represented not to tell districts and parents that this is the only way questions about special education law can be answered, but to provide likely answers along with commentary for analysis. The cases were developed to help new (and experienced) special education leaders and supervisors survive the pressures of working with students with disabilities while working to provide appropriate services and prevent litigation.
Download or read book Due Process in Special Education written by Milton Budoff and published by . This book was released on 1984 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Resolving Special Education Disputes in California written by and published by Public Policy Instit. of CA. This book was released on with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Service Administrators Perception of Special Education Dispute Resolution in Downstate Illinois written by Tami Wise Kampwerth and published by . This book was released on 2007 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflict resolution in special education uses scarce resources of time and money for school districts. Due to recent changes in law, there are limited entities with enough experience in dispute resolution to make a meaningful contribution to the study. The special education service administrators studied provided a broad perspective in answering the research question regarding the status of special education dispute resolution in Illinois. The 15 downstate service administrators interviewed in this study work with a variety of superintendents, school district special education directors, coordinators, and teachers. As fiscal agents for federal and state special education funds, they are keenly aware of the costly impact disputes can have on a school district. Telephone interviews with 15 service administrators in various locations across the state of Illinois were utilized to understand their perceptions regarding the research question. All three of the geographical sub-regions as defined by the Illinois Association of School Administrators are represented in this study. Study participants included five northeast, three north-central, and seven southern service administrators. Based on the literature review and data gathered from the participants in interviews, two dominant themes were identified. The first theme revolves around the concept of service administrators' continuous work to avoid disputes through managing and understanding the processes of the dispute resolution system. The second theme centers on improving human relations to prevent disputes. Sub-issues of the first theme regarding managing and understanding processes include cost-benefit analysis for disputes, time management, understanding mandatory resolution, continuum of placements, advocating for training, and legislative changes with lesser impact. Sub-issues related to the theme of improving human relations are communication, empathy, and compromise. The research completed in this study establishes that special education service administrators avoid formal dispute resolution proceedings at all costs. The cost of additional services pales in comparison to the cost of a due process proceeding. While the intent of recent changes in dispute resolution are viewed positively by service administrators, they also note the impracticality of some of the legislative changes. Implications for participants in dispute resolution are noted, while recommendations for future research are also considered. Although this study shows some weaknesses remain in the dispute resolution system in Illinois, a hopeful note is sounded by 13 (86%) of the respondents. The research shows that improving the system of dispute resolution involves relationships, compromise, and training. A major concern is the over-servicing of students based on a school district's hesitance to enter due process hearings because of negative cost/benefit relationships. This study explored the perceptions of special education service administrators on the status of dispute resolution in Illinois. Results provided implications for further research on dispute resolution. The need for continuing to seek improvements in the dispute resolution system was discovered through the experiences of the participating special education service administrators.
Download or read book Resolving Disputes about Educational Provision written by Neville Harris and published by Routledge. This book was released on 2016-04-08 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: With contributions by recognised experts in the field of education law, this book is a comparative study of the resolution of special education disputes, including via mediation. It analyses the varying approaches in England, Scotland, the US and the Netherlands and addresses major questions of dispute resolution, redress, judicial and non-judicial approaches and the protection of citizens' rights. The first review of mediation in citizen v. state disputes outside the context of the courts, this topical book also incorporates findings from a recent ESRC study into dispute resolution in special educational needs cases. It will not only be of interest to those concerned with education issues but also those interested in administrative justice, especially the role of mediation generally
Download or read book Legal Issues in Special Education written by Kevin P. Brady and published by Routledge. This book was released on 2019-10-28 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Issues in Special Education provides teachers and school administrators with a clearly written, well-organized, and understandable guide from the perspective of the practitioner without formal legal training. Even though over 50 percent of students with disabilities are now educated in general education classes, most teachers are not required to complete coursework in special education law and can unwittingly expose themselves and their schools to liability for violating the rights of students with disabilities. This practitioner’s guide explicitly addresses the major issues and legal complexities educators inevitably face when dealing with special education legal and policy issues. Using case-based learning to synthesize important legal concepts and principles from leading special education legal cases, this text guides educators, administrators, and parents alike toward a thorough understanding of, and the ability to navigate, many of the current and pressing legal concerns in special education.
Download or read book Essential Concepts and School Based Cases in Special Education Law written by Charles J. Russo and published by Corwin Press. This book was released on 2008 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covers IDEA and its accompanying regulations and analyzes cases involving procedural due process, assistive technology, disciplinary sanctions, dispute resolution, antidiscrimination laws, and special services entitlement.
Download or read book Mediation of Special Education Disputes and the Use of Participant Feedback written by Melissa Padula and published by . This book was released on 2008 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Special Education Law written by Laura Rothstein and published by SAGE Publications. This book was released on 2020-07-23 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Special Education Law, Sixth Edition, written by Laura Rothstein and Scott F. Johnson, provides a comprehensive and current overview of the major federal law, and judicial interpretations of those laws, that apply to special education students. School administrators and attorneys attend to special education issues on a regular basis, and local superintendents, principals, special education professionals, psychologists, and regional and state administrators must also be familiar with the legal requirements of educating students with disabilities. Classroom teachers in all types of classrooms need to be aware of the laws that affect them and their students. Special Education Law 6e is intended for students in education and educational administration, both graduate and undergraduate, as well as law students in courses on special education law, school law, and special education. The framework of this book begins with five introductory chapters on the major issues that are addressed in special education law. These topics include an overview the legal system, the history of special education, major statutes in special education law, stakeholders such as students, families, educators, and advocates, and finally, requirements for protection under various special education laws. The remainder of the text presents and analyzes special education case law within specific contexts. The text helps educators understand what the law requires so that they can make decisions that comply with these laws. Updates for the sixth edition include a major reorganization of the text. Chapters have been streamlined and edited for clarity, combining a previous chapter on Related Services with Free Appropriate Publication Education, and folding Eligibility into Identification, Evaluation, and Eligibility, so students can better see the connections between these topics. Many case excerpts have been shortened or summarized to provide students with a more straightforward and focused reading experience. The latest updates in statutes, regulations, and case law are included throughout the text.
Download or read book Mediation in Special Education Disputes written by Claire B. Gallant and published by . This book was released on 1982 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Short Guide to Special Education Due Process written by Thomas P. Lombardi and published by . This book was released on 2004 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Special Education and Non Public Schools written by Charles J. Russo and published by R&L Education. This book was released on 2009-06-16 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Special Education and Non-Public Schools provides an informed explanation of Section 504, the IDEA, their regulations, and the cases that they have generated. Even though, the authors offer educators information on the rights of children in non-public schools, this book is not a how-to manual. It is designed to help make educators and parents aware of the requirements governing the laws that impact the rights of children with disabilities in order to implement both Section 504 and the IDED. In light of the detail that the book provides, it serves as a current and concise desk reference for educators ranging from building or district level administrators to classroom teachers to resource specialists in special education and related fields.
Download or read book Resolving Disagreement in Special Educational Needs written by Irvine S. Gersch and published by Routledge. This book was released on 2003-08-29 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Local Education Authorities are now obliged to put in place arrangements to try to settle disagreements over the provision for children with special educational needs. This practical book aims to help those charged with making these arrangements and those directly involved in the conciliation and mediation process. While there is no 'right way' to resolve disputes of this kind, the ultimate goal must be to reach a positive conclusion as quickly as possible for the benefit of the child involved. In this book, the authors look at a range of approaches and issues to achieve this such as: *how to plan disagreement resolution *skills and techniques for mediation *tools for training and self-assessment *the SEN tribunal *ethical and legal issues. The book includes contributions from leading practitioners in special educational needs, law, mediation and conciliation. It is the ideal handbook for all those working in the area of special education needs, both in schools and for LEAs and other agencies.
