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Youth involved with the juvenile justice system present with a higher rate of disability, including mental illness and learning disabilities, than do nonsystem-involved youth. These young people are often eligible for special education services as provided by the federal Individuals with Disabilities Education Act ("IDEA"). Eligible youth incarcerated in juvenile detention and correctional facilities, however, often fail to receive these services. Education advocates typically bring suits against school districts and correctional institutions alike under the IDEA's mandate to provide a free appropriate public education to students with disabilities. Unfortunately, this approach is failing because the IDEA is not able to tackle other conditions within facilities that stand as barriers to educational access. The IDEA, however, is not the sole remedy available. The Americans with Disabilities Act ("ADA"), which reaches beyond the educational context and applies to more governmental entities than the IDEA, offers a more robust litigation avenue for enforcing the education rights of incarcerated youth with disabilities. Bringing suit under the ADA, therefore, either alone or in conjunction with the IDEA, could result in more consistent enforcement of incarcerated youths' right to an education than bringing suit solely under the IDEA. [ABSTRACT FROM AUTHOR]

The study researched parent's experiences of The Children and Families Act 2014 in Hull and the East Riding of Yorkshire. A sample of parents using KIDS Services in the area were surveyed by questionnaire, both before and after the legislation came into force. Nearly half of the parents were aware of a change in Special Educational Needs and Disabilities (SEND) legislation; and a third noticed a change in support for their child. Professionals are now more involved in SEND early identification, and most SEND needs were identified at or before the early year stage. The majority of parents thought that the support for their child was either always or sometimes well coordinated. Parents generally felt more involved in the process since the Act, and perceived improvements in educational support. Professional support for parents at diagnosis had increased over the studies, and educational, health and social care needs were generally being met. However, some parents thought that Information, communication and school support needed to improve, and that the voluntary sector was highly regarded. Implications in relation to practice were also made. [ABSTRACT FROM AUTHOR]

The Individuals with Disabilities Education Improvement Act guarantees a child with disabilities a free appropriate education tailored to the needs of that child through an individualized education plan. However, as the Tenth Circuit's decision in Endrew F. v. Douglas County School District RE-1 demonstrates, courts applying the "some educational benefit" standard fail to properly evaluate the substantive adequacy of an Individualized Education Plan in light of a child's unique needs, abilities, and circumstances. To ensure that children with disabilities receive the truly individualized education to which they are entitled, courts, state legislatures, and Congress must implement measures that encourage courts to recognize that education comes in all makes and models and varies according to the particular needs of different children. [ABSTRACT FROM AUTHOR]

This article reviews the journey of special education in Spain by considering the legal frameworks. It examines the extent to which legislation has tapped into the feelings of society in general towards people with disabilities who wish to secure inclusion in both education and society. It tracks the evolution of legislation, originally based on a preoccupation with the segregation of those with disabilities, towards the more progressive and inclusive laws which obtain at the present time. In so doing the article considers the positives and negatives that have accompanied this process. Spain has a high percentage of students with special educational needs enrolled in its mainstream schools; insights into the legal mechanisms shed light on how these figures were reached. The article concludes by highlighting the importance of training in attitudinal approaches towards disability in order to make the journey more accessible. [ABSTRACT FROM AUTHOR]

The article offers politics news briefs from Great Britain as of November 2015. Topics covered in the news include victory of the Conservative party in general election held in May 2015; the Special Educational Needs and Disability Bill 2015 being currently passing through the Northern Ireland Assembly; and launch of the Welsh Government Better with Books (Wales) scheme by Department for Health and Social Care.

The article discusses the role of lawyers in special education due process hearings in Pennsylvania. Topics discussed include the American Association of School Administrators (AASA) on the reauthorization of the Individuals with Disabilities Education Act (IDEA), effectiveness of special education due process in the state, and need of an adversarial process to ensure compliance with IDEA's substantive requirements.

This Article grew out of my experience as an advocate in the special education system. Too often, I have received phone calls from parents--primarily mothers--who recount the terrible treatment they and their child have received at the hands of their school district. Mothers tell me that they are blamed for their child's challenges in school and accused of lying to teachers or staff. They sometimes tell me that their school district does not carry through with promises made to them concerning their child's education. When I agree to attend a meeting with the mother at the school district, I am surprised when everyone acts so polite and helpful. We soon develop a reasonable educational plan for the child. How can this be, I wonder? Was the mother telling me the truth? Unfortunately, I have come to believe that the mother's recounting of the school district's treatment of her and her child is accurate. With limited available resources, school districts often provide the least possible resources to children with disabilities. And, unfortunately reflecting the larger devaluation of women and mothers in our society, school districts often do not treat mothers with respect when an outsider is not present to observe these meetings. The school district personnel seemingly know their behavior is inappropriate, so they act appropriately when I appear as an advocate. This repeated experience caused me to decide to investigate this phenomenon to better understand it in the context of American law and society. How and why do school districts frequently treat the mothers of children with disabilities so adversely? [ABSTRACT FROM AUTHOR]

Education is one of the most topical issues in South Africa. In recent years, particularly in the period after the adoption of the UN Convention on the Rights of Persons with Disabilities (2006) (hereinafter CRPD), the discourse on the education of children with disabilities has mainly focused on the potential of White Paper 6 on Special Needs Education (2001) (hereinafter WP 6) and its implementing programmes to facilitate the realisation of the right to education for children with disabilities. The CRPD proposes inclusive education as the appropriate way of ensuring the right to education for children with disabilities, and sets out a framework for the implementation thereof. In addition, the CRPD sets out other principles which essentially redefine the approach to the interpretation and implementation of the rights of persons with disabilities. One such principle is the principle of non-discrimination, which demands that all rights be implemented on a basis of equality between all people, disability notwithstanding. Arguably, the legal and policy frameworks on education in South Africa reflect the standards proposed under the CRPD to some extent, and other instruments on the right to education. However, there are still considerable challenges in the conceptualisation and implementation of inclusive education, especially at the basic education level. These challenges are not unique to South Africa, and are mainly attributable to the evolutionary background of the concept of inclusive education at the international level. Hence for instance, the understanding of inclusive education often tends to focus exclusively on the education of persons with disabilities as opposed to the inclusion of all marginalised and excluded groups. This narrow understanding is replicated in South African law, policy, and practice of education. Challenges to the realisation of inclusive basic education in South Africa are compounded further by the pertinent issues underlying the implementation of basic education in South Africa such as the question of equality in education, the financing of basic education, the nature of the state's duties pertaining to the provision of basic education, and the interpretation of the notion of basic education. The understanding of inclusive education in South Africa has also been impacted by historical factors, such as the apartheid exclusion of the masses from mainstream basic education, and the subsequent need to "include" everyone in post-apartheid education. All of these factors point to the need to interrogate the current approaches to inclusive basic education in South Africa as against the Constitution of the Republic of South Africa, 1996 (hereafter the Constitution), and international standards that South Africa has committed to through the ratification of the CRPD and the UN Convention on the Rights of the Child (1989) (hereafter the CRC). For instance, there is a need to establish the extent to which the differentiated obligations with respect to basic education as distinct from other levels of education apply to inclusive education. Hence, is there a difference between the nature of the state's obligations in respect of "basic education" and those relative to "inclusive basic education"? Further, it is imperative to establish the convergence or divergence between inclusive education as set out in the CRPD and as implemented through WP 6. [ABSTRACT FROM AUTHOR]

The article offers information on the federal and state congressional efforts to enact legislation for restricting seclusion, regulating time-out and restraint of children with disabilities in the U.S. schools. It focuses on the adoption of stricter reporting and parental notification statutes and regulations by the U.S. schools. It discusses the mass-media reports of the K-12 schools subjecting children with disabilities under the Individuals with Disabilities Education Act (IDEA).

The article describes the legislation and regulation governing students with disabilities in the U.S. including the Individuals with Disabilities Education Act (IDEA), the Individuals with Disabilities Education Improvement Act (IDEIA) and No Child Left Behind Act of 2001 (NCLB). It highlights the significant deficiencies of IDEA in addressing quality learning in subject math and science among students with disabilities from disadvantaged groups.

The article discusses the significance of special education for students with social, emotional, and behavioral challenges in the U.S. and analyzes the role of the U.S. Individuals with Disabilities Education Act (IDEA) in addressing educational needs of children with disabilities. It reflects on schools and districts failure in full implementation of IDEA and offers some reforms to overcome this issue.

The purpose of this article is to review literature related to the impact of policy and legislation on Maori children with special needs. The historical perceptions of disability for Maori will be discussed and the impacts of western influences and policy will be reviewed. The article investigates relevant studies and literature, both national and international, previously carried out in these areas and other corresponding areas of research. It synthesises the main points relating to this review, enabling the reader to gain an awareness of a set of special needs and disability issues as they relate to a specific New Zealand population. These include concepts of disability, Maori and disability issues and special needs education and support provisions for Maori. [ABSTRACT FROM AUTHOR]

Since the initiation of PL 94-142 enacted by the United States Congress in 1975, special education has been mandated, funded and regulated by the federal government. There have been both benefits and drawbacks to this initiative. In positive terms and most importantly, children who require different educational services are identified, and programs with trained personnel are provided. As a result of the federal mandate, schools receive federal funds to operate programs for children who need special services. Some might contend, however, that with mandates and funds, the regulatory processes are a burden to educators and get in the way of serving the learning needs of children (Perkins, 2011). [ABSTRACT FROM AUTHOR]

The article examines the ruling of the U.S. Supreme Court in the Forest Grove School District v. T.A. It highlights the issues that developed when parents of students with disabilities unilaterally put their children in residential settings or private schools because they believe a school district has not offered a free, appropriate public education (FAPE). It discusses the implications on the decision of the Supreme Court to parents, children and special educators served under the Individuals with Disabilities Education Act (IDEA).

An interview with PRO-ED Inc. president Donald D. Hammill is presented. Hammill describes his childhood assisting with his family's circus and explains how he shifted to disability and special education study. He notes that the three-tier model is limited to reading and mathematics instruction for schoolchildren, while the continuum of services model offers more alternatives. He cites that the passage of Education for All Handicapped Children Act was the most significant event in disability education since 1963.

The article focuses on the study which investigates the mechanisms for managing the transition from several schools, college and work to university for disabled students. It states that it is important for the students with a disability who admits in the university must identify themselves earlier so that appropriate adjustments can be made for them including teaching, assessment and pastoral care. It also mentions that it has been found that the number of students with a disability entering Great Britain higher education is likely to increase and higher education institutions need to be aware of the adjustments that may potentially be required, as well as the timeliness of such adjustments.

A recent review of educational provision for children with special educational needs by the House of Commons Education and Skills Committee in 2006 singled out children with autistic spectrum disorder (ASD) as being in need of special attention and highlighted the frustration felt by parents. One implication is that parents of children with ASD find it disproportionately difficult to obtain appropriate educational provision for their children compared with families with children with other disabilities. This paper compares the views of parents of children with (n = 66) and without (n = 59) ASD about educational provision across mainstream and special schools from an online survey in the United Kingdom. Results show that whilst there are some differences in experiences between groups of parents (ASD versus non-ASD), their views are more similar than different both in relation to positive aspects of provision as well as areas for improvement. A majority of parents in both groups were mostly satisfied with their child's current educational provision, although concerns about transitions between and beyond schools were common to both groups. There was no evidence to suggest that disability legislation in the United Kingdom (Disability Discrimination Act 1995 - Part IV) had made a significant impact on parents, either in informational or practical terms. Improvements in educational provision need to support all children with special educational needs or disabilities rather than singling out a group of children with particular needs. [ABSTRACT FROM AUTHOR]

The article presents a response to the 1964 article "Hail the Conquering Dolphin: Reflections on the Pre-Service Preparation of Special Class Teachers" by Burton Blatt. The author notes the progress seen in education of special needs children from 1964 to 2008 in the closing of institutions which once housed them, changes in law that mandate and fund serious efforts at educating them, and the assumption that they should be treated respectfully. Progress in uncovering prejudices concerning blind and deaf students is noted. Recommendations for further progress are presented including addressing the problems that disability rights are most easily exercised by the affluent and that educators continue to need the law to make them treat children with disabilities and their families fairly.

The article discusses the need to cater to the educational needs of autistic children and provides information on laws on the education of disabled children in the U.S. According to the article, school administrators have created individualized education programs (EIP) to cater to the needs of these children although some lack proper standards. It states that even if various laws have given importance to cater to their needs, it does not mean that it would guarantee their educational progress.

On November 14, 2005, the U.S. Supreme Court announced its decision in Schaffer v. Weast. This special education decision concerned which party bears the burden of persuasion when parents challenge a school district's Individualized Education Program (IEP) in a due process hearing. In this article, we define burden of persuasion and explain its application in Individuals with Disabilities Education Act (IDEA)-related cases prior to Schaffer; we discuss the relevant history of the case; we summarize the facts and analyze the reasoning of the majority, concurring, and dissenting opinions in the Supreme Court's decision; and we address the implications of the Schaffer decision for special educators and for the parents and children served by the IDEA. [ABSTRACT FROM AUTHOR]

In this case study, a co-operative inquiry process was used to facilitate the expansion of inclusive early childhood education and care practices in a rural community in the Midwest. A university and a community researcher first engaged in interviews and site visits, during which they learned how a three-member inclusion team of early care and education professionals initiated changes in practice from self-contained to inclusive special education and therapy. Key practices included responding to families’ priorities, changing roles, and providing integrated services and support for children’s successful transitions into Kindergarten. The second part of the research consisted of action planning during focus groups and community meetings, which resulted in social recognition from the school district, technical assistance through state improvement grant funding, and better preschool options for young children with disabilities. [ABSTRACT FROM AUTHOR]

Social workers who work with families and children are often unaware of the legal protections afforded to educational experiences for children, particularly to children with disabilities. Yet, all social workers, regardless of their practice setting, should be aware of the important educational rights to which children with disabilities and their families are entitled, as codified in the original legislation, P.L. 94-142, and its subsequent revisions. This legislation is currently entitled the "Individuals with Disabilities Education Act," or the "I.D.E.A." Provisions included in the I.D.E.A. are covered with which all states that receive federal educational funding are mandated to comply. Reviewed are the 13 "disabling conditions" that allow for students to qualify to receive special educational services, as long as one of the conditions is adversely impacting their educational success. It concludes with recommendations for social work advocacy regarding this legislation. [ABSTRACT FROM AUTHOR]

The article reports the recent case laws. R.(on the application of LH and another) v. London Borough of Lambeth on assessment of a case plan for a child with disabilities, R. (on the application of London Borough of Havering) v. Special Educational Needs and Disability Tribunal on the special education needs of a child suffering from developmental delay, and R. (Parents For Legal Action Ltd) v. Northumberl and County Council regarding proper procedures while changing a state educational system.

The No Child Left Behind Act mandates all students in schools receiving Title I funds show proficiency in reading by 2014. This stricture applies to students with diagnosed learning disabilities as well as to students without learning disabilities. Multiple regression analyses on data for seniors attending a Grade 9–12 predominately white, comprehensive vocational-technical school indicated that, when absenteeism, socioeconomic status, and sex were held constant, the 26 students with diagnosed learning disabilities scored 246.7 points lower on the Pennsylvania System of School Assessment Reading subtest (n = 107) and 214.4 points lower on the Pennsylvania System of School Assessment Mathematics subtest (n = 106) than students not so diagnosed, and the 27 students diagnosed with learning disabilities scored 126.3 points lower on the Writing subtest (n = 114) than students not so diagnosed. [ABSTRACT FROM AUTHOR]

In the United States, legislation originally enacted in 1986 provided grants to states to build interagency service systems for children from birth to 3 years of age with developmental delays and disabilities. This legislation now renamed the Individuals with Disabilities Education Act (IDEA) was intended to facilitate the development of a coordinated comprehensive statewide system of early intervention (EI) services. This legislation allowed states considerable flexibility, resulting in diverse service systems and variability regarding eligibility for services. To meet the need for information about EI services and its participants, the U.S. Department of Education commissioned the National Early Intervention Longitudinal Study. Data on a nationally representative sample of children revealed that 62% of children who began EI before 31 months of age were eligible for services because of developmental delay, 22% of them because of a diagnosed condition and 17% because they were at risk for developmental delay. For those entering when older than 24 months, 91% were described as eligible because of developmental delay. Reasons for eligibility based on information from parent descriptions of why their child received services corresponded with reasons for eligibility based on information from providers for the majority of children. Authors provide suggestions for improved services through the use of descriptors of the nature of a child's disability. [ABSTRACT FROM AUTHOR]

Suggests that the procedural safeguards in the Individuals with Disabilities Education Act (IDEA) which the majority of U.S. Court of Appeals for the Fourth Circuit justices cited in West v. Schaffer may not sufficiently protect the interests of disabled children. Claim that circuit courts are split on which party should bear the burden of proof when the family of a disabled child challenges a school district; Provision of the IDEA regarding role of school districts in designing individualized education program; Facts of the case; Opinion of the court on the remedial nature of the IDEA requiring the school district to demonstrate compliance with the law's statutory obligations.

Presents a survey of paraprofessionals in the U.S. conducted by the Association for Education and Rehabilitation of the Blind and Visually Impaired. Training provided for paraprofessionals; Roles of paraprofessionals in educating children with deafblindness; Information on the Education for All Handicapped Children Act.

In this study, the authors repeated an earlier analysis and comparison of state eligibility policies under the Infants and Toddlers with Disabilities Program, Part C of the Individuals with Disabilities Education Act (IDEA), and the preschool special education program, Part B, Section 619, of IDEA. The impact of federal and state policy changes in the intervening years on the prospects for continuity of eligibility as children move from Part C to Part B was investigated. The analysis revealed fewer states in which discontinuity was a concern (21, down from 27). States in which continuity was either "very likely" or "somewhat likely" increased from 24 to 30. The authors discuss policy options affecting continuity of eligibility across the early childhood programs of IDEA and the relevance of their findings for realizing the purposes of IDEA. [ABSTRACT FROM AUTHOR]

Provides information on Section 504 of the Rehabilitation Act of 1973 for students with disabilities in elementary and secondary school settings in the United States. Historical background and overview of 504 plans; Requirements for primary, secondary and post-secondary settings; Application of the section's provisions to school nursing; Role of nurses in the development of 504 plans.

Focuses on a study which reviewed the Congressional testimony and other documents related to the 1997 Individuals With Disabilities Education Act Amendments in the United States. Role of equity or equal opportunity in educational policy making; Four conceptions of equity; Discussion on the study; Conclusions.

Summarizes court rulings in the United States, compiled as of August 1982. Awarding of attorney's fees for work performed in connection with administrative proceedings to obtain a free public education for a handicapped child in Rhode Island; Naming of law firms in New Jersey; Prohibition of card counters from blackjack tables in New Jersey casinos.

The article discusses the Education for All Handicapped Children Act (EAHCA), Public Law 94-142 and the Handicapped Children's Protection Act of 1986 (HCPA), Public Law, 99-372. EAHCA is an act which provides free and appropriate public education to handicapped children. Aside from free education, Public Law 94-142 also provides procedural safeguards to parents when schools makes special education decisions. HCPA, on the other hand, allows the parents of handicapped children to recover attorney's fees in special education disputes that reach state or federal courts.

The article reports the new public policy precedent for families of children with disabilities, established by the Individualized Family Service Plan (IFSP) provisions of Public Law 99-457. Part H of the 1986 Amendments to the Education for All Handicapped Children Act or the Public Law 99- 457 established a discretionary program which will help the development and implementation of early intervention services system for handicapped children and their families. It also extends special educational services to children aged three to five years.

Responsible relative liability laws exist to shift some of the cost of care of residentially placed handicapped children from the state to the children's parents. Because residential placement of handicapped children, particularly developmentally disabled children, would not be undertaken but for the need to teach these children life skills, the Education for the Handicapped Act would dictate that these placements be free of cost to parents. Recently, the courts have resolved the tension between the preexisting state-responsible relative laws and the Education for the Handicapped Act. Ruling in favor of the parents, they have invalidated the responsible relative charges. This article describes the conflict, its resolution in the recent case Parks v. Pavkovic, and some of the implications of that decision. [ABSTRACT FROM AUTHOR]

This article examines two legal issues regarding service provision for preschool-aged handicapped students. Those issues are what constitutes an appropriate program in terms of the intensity (frequency) of program and the length of day (full vs. half), and how should the least restrictive environment provision of mainstreaming of handicapped and nonhandicapped children be applied to this population. Applicable laws and hearing results are presented, as is information from research studies examining effects of differing levels of program intensity and mainstreaming situations. [ABSTRACT FROM AUTHOR]

Eleven veteran resource room teachers from seven different LEA's were interviewed regarding their responsibilities during due process. Emergent design was employed for this inquiry. The respondents described in detail the chronological order of events they experienced and their responsibilities at each step. A listing of responsibilities was identified and delineated from the transcripts. Assessing the referring teacher, "psyching" the psychologist, and soothing the disappointed classroom teacher are examples of responsibilities shared by the respondents. [ABSTRACT FROM AUTHOR]

Since the Education for All Handicapped Children Act became effective in 1977, several aspects of the law have been subject to much litigation. One of the most controversial provisions of the law, in terms of litigation, is the related services mandate. The controversy centers on whether or not school systems are required to provide services such as psycho- therapy, certain health services, physical plant accessibility, parent training and counseling, and extra-curricular activities. The author has examined how the courts have interpreted the related services mandate and has offered some guidelines as to what is and is not required. [ABSTRACT FROM AUTHOR]

Public Law 94-142 (The 1975 Education for All Handicapped Children Act) contains a compliance monitoring mechanism to assure a free, appropriate education to handicapped children. Federal agencies monitor states, and states are required to monitor local agencies. Parent participation is suggested in the federal regulations but, as shown by analysis of state monitor plans, is little used. The status of such efforts is reported here, and issues are discussed related to compliance monitoring in the face of efforts to repeal or deregulate the law. [ABSTRACT FROM AUTHOR]

The Supreme Court recently delivered two significant decisions interpreting the federal rights of the handicapped. In Pennhurst v. Halderman (1981), the Court ruled that the Developmentally Disabled Assistance and Bill of Rights Act contains a statement of notional goals for the developmentally disabled, but does not create substantive rights to adequate treatment. In Board of Education v. Rowley (1982), the Court interpreted the Education for All Handicapped Children Act as assuring handicapped children procedural safeguards and on individualized educational program, but not placing an obligation on states to provide a particular level of education or equal educational opportunities for such children. Both decisions suggest a reduced federal role in determining what constitutes appropriate programs and services for the handicapped. [ABSTRACT FROM AUTHOR]

The article discusses the compensation of regular classroom teachers in the U.S. Public Law 94-142 (The Education for All Handicapped Children Act of 1975) allows the use of support materials for handicap students in regular classes. This leaves regular teachers with more workload. A questionnaire was distributed to state administrators in 50 states. The result showed that there are few programs that are implemented or are in the planning stage regarding the compensation of regular teachers. The Office of Education decides on how funds would be used for statutory provisions.

Although inservice has been a component of teacher education for over a century, certain changes in the last decade, such as the advent of Public Law 94-142 (The Education for All Handicapped Children Act of 1975) and revisions in certification requirements, have increased the need for inservice. An effective inservice program: (a) identifies objectives, (b) selects qualified staff, (c) uses effective content delivery, (d) uses the appropriate level of intensity, and (e) evaluates inservice effectiveness. An example of an intensive inservice program that documented student progress illustrates the benefits of implementing a well-planned inservice program. [ABSTRACT FROM AUTHOR]

The article cites key findings from a two-year study designed to examine the effects of Public Law 94-142, or the Education for All Handicapped Children Act of 1975, on a small sample of handicapped children and their families in the United States. Key issues discussed include several institutions' response to the mandates of the law as shown by the way they serve handicapped children, as well as an analysis of the human, instructional, administrative and fiscal consequences of implementing the said law.

Interest has been growing in identification and appropriate education of gifted students with handicapping conditions. Because the focus in educating gifted and talented handicapped children has been on problems rather than abilities and potential, such children hove often not had an opportunity to demonstrate their gifts. With the implementation of the 1975 Education for All Handicapped Children Act (P.L. 94-1421, professionals in the fields of education for gifted students and for handicapped students have had more chances to exchange information. Accurate means of identifying and developing giftedness must be employed as well as strategies for overcoming handicaps in order to allow gifted/handicapped individuals to realize their full potential. [ABSTRACT FROM AUTHOR]