Federal Case Law
- Board of Educ. v. Rowley, 458 U.S. 176 (1982) - Holidng that it is equally important to determine if "... the State complied with the procedures set forth in the Act? And second, is the individualized educational program developed through the Act's procedures reasonably calculated to enable the child to receive educational benefits?"
- Irving ISD v. Tatro, 468 U.S. 883 (1984) - SD required to perform clean intermittent catherterization (CIC) as a related service of a free appropriate public education
- Burlington School Committee v. Mass Dept. of Educ., 471 U.S. 359 (1985) - parents modification of placement does not constitute waiver of right to reimbursement during a challenge to a proposed placement, AHO/ALJ may order SD to reimburse parents for expenses incurred as a result of student remaining in current placement while proposed placement is challenged
- Honig v. Doe, 484 U.S. 305 (1988) - stay-put provisions during pendancy of placement review / challenge require student to remain in current placement, SD may not expel children for behaviors related to their handicaps
- Florence County Sch. Dist. Four v. Carter, 510 U.S. 7 (1993) - parents entitled to reimbursement for private placement where IEP was wholly inadequate even thought the private school did not comply with state standards
- Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274, 106 F.3d 1223 (1998) - Damages may not be recovered "... unless a school district official who at a minimum has authority to institute corrective measures on the district´s behalf has actual notice of, and is deliberately indifferent to, the teacher´s misconduct."
- Owasso Indep. Sch. Dist. No. I-011 v. Falvo, 534 U.S. 426, 233 F.3d 1203 (2002) - Students do not have an expectation of privacy, peer grading does not violate FERPA
- Schaffer v. Weast, 546 U.S. 49, 377 F.3d 449 (2005) - Holding that the burden of proof in IDEA due process proceedings lies with the party seeking relief
Family Educational Rights and Privacy Act (FERPA)
- 20 U.S.C. 1232g - the Act
- 34 CFR Part 99 - adminstrative law supporting the Act
Individuals with Disabilities Education Act (IDEA)
- 20 U.S.C. 1400 et. seq. - the Act
- 34 C.F.R. 300 et. seq. - administrative law supporting the Act
- 20 U.S.C. 1414(d) - Individualized education programs
- 34 C.F.R. 300.324 - administrative law for the development, review, and revision of IEPs
- Individuals with Disabilities Education Act - Wikipedia entry
- IDEA Web site - USDOE Individuals with Disabilities Education Act
- IDEA Parent Guide - excellent comprehensive review of the IDEA process
- IEP Guide - info on creating IEPs from US DOE
- IDEA and private schools informtation on private school enrollment
- Families and Advocates for Partnership - helping parents and advocates improve educational results for children with disabilities
- Intervention Central - IEP tools and resources to promote positive classroom behaviors
- Why Methodology Belongs in Your Child´s IEP - a compilation of articles and resources supporting the use of methdologies in IEPs
Section 504 of the Rehabilitation Act of 1973
- 29 U.S.C. 720 et. seq. - the Act
- 29 U.S.C. 794 - Section 504
- 34 C.F.R. 104 - administrative law supporting the Act
- The Rehabilitation Act - Wikipedia entry
- Your Rights under the Act - general information
- Free Appropriate Public Education
- Protecting Students with Disabilities
- Discipline Of Students With Disabilities In Elementary And Secondary Schools
No Child Left Behind Act
- 20 U.S.C. 6301 et. seq. - the Act
- 34 C.F.R. 200 - administrative law supporting the Act
- NCLB - Wikipedia entry
State Case Law
- Cohen on behalf of Cohen v. School Bd., 450 So. 2d 1238 (Fla. 3d 1984) - Upholding denial of additional trips to visit child in residential facility, following the U.S. Supreme Court´s holding in Hendrick Hudson Dist. Bd. of Ed. v. Rowley "... does not require the states to satisfy all the particular needs of each handicapped child."
- Hendry County School Bd. v. Kujawski, 498 So. 2d 566 (Fla. 2d 1986) - Overturning order for residential placement as abuse of discretion, ALJ is limited to reviewing the appropriateness of an IEP and remanding back to the school district for changes, with or without recommendations
- Lee County School Bd. v. S.W., 789 So. 2d 1162 (Fla. 2d 2001) - Overturning the finding that the mother did not consent to full evaluation based upon credible evidence noting that "... procedural safeguards in the Act are as important as the substance of the Act."
- M.H. v. Nassau County Sch. Bd., 918 So. 2d 316 - Overturning the holding that the school district had done all that was legally required
Florida Statute (F.S.) and Florida Administrative Code (F.A.C.)
- Ch 120, F.S. - Administrative Procedure Act, statutes pertaining to administrative hearings
- Ch 28, F.A.C. - Uniform Rules of Procedures, administrative rules
- Ch 28-106, F.A.C. - Decisions Determining Substantial Interests, administrative rules
- Ch 28-106, F.A.C. - Decisions Determining Substantial Interests, administrative rules, .pdf format
- Section 1000.05, F.S. - Florida Educational Equity Act
- Ch 6A-19, F.A.C. - Educational Equity Act administrative law
- Ch 1003 Part V, F.S. - Specialized Instruction for Certain Public K-12 Students
- Ch 6A-6, F.A.C. - Special Education Programs administrative rules
- Rule 6A-6.03028, F.A.C. - adminstrative rule on developing IEPs
- Rule 6A-6.0331, F.A.C. - adminstrative rule on ESE eligbility
- Rule 6A-6.03311, F.A.C. - adminstrative rule on procedural safeguards
- Rule 6A-6.03312, F.A.C. - adminstrative rule on disciplining students with disabilities
- Rule 6A-6.03411, F.A.C. - adminstrative rule on specially designed instruction
Other Resources
- Disciplinary Exclusion of Students with Disabilities
- Florida Dept of Administrative Hearings
- Florida Dept of Administrative Hearings, Representing Yourself
- Gebser letter suggested content
- In RE ISD 318 - Minnesota reveiw case which sets forth the level of benefit required for education plans and the standard to be met.
- Note: Safeguarding Equality for the Handicapped: Compensatory Relief Under Section 504 of the Rehabilitation Act
- Questions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools
