Your search found 2534 results.

Descriptors:
Learning Disabilities; Eligibility; Special Education; Laws; Court Litigation; Policy Analysis; Case Studies; Case Records; Electronic Libraries; Related Services (Special Education); Content Analysis; Federal Legislation; Hearings; Accessibility (for Disabled)

Abstract:
Specific learning disability (SLD), although moderately declining in recent years, continues to be the largest of the eligibility classifications under the Individuals with Disabilities Education Act (IDEA; NCES, 2012). The recognition of response to intervention (RTI) in the 2004 amendments of the IDEA as an approach for identifying students with SLD has generated successive changes in the 2006 IDEA regulations and in subsequent state laws (e.g., Zirkel & Thomas, 2010a, 2010b). RTI has also been a continuing subject of contention (e.g., Hale et al. 2010) and confusion (e.g., Zirkel, 2011b, 2012c). Corresponding to these developments, what has been the recent trend in litigation? Prior to the effective date of the 2006 regulations, a monograph provided a systematic analysis of the 25 years of prior case law--both at the hearing/review officer and court levels--concerning SLD eligibility (Zirkel, 2006). The major findings included that (a) the total amounted to approximately 90 pertinent cases from 1980 to 2006, with about four fifths at the hearing/review officer level; (b) the frequency of the decisions rose gradually during this period to an annual average of approximately seven during the last 6 years, with the majority arising in California (n = 20), Pennsylvania (n = 15), and New York (n = 11); and (c) school districts, typically defending the position that the child was not eligible as SLD, won approximately 80% of the cases, with the most frequent decisional factors being severe discrepancy (n = 68) or the need for special education (n = 31). An update limited to the subsequent 3.5-year period (Zirkel, 2010) found 18 decisions concerning SLD eligibility. The findings were preliminary based on the limited period. The proportion of court decisions doubled to approximately two fifths of the cases. Continuing the previous trend, California accounted for more of the decisions than any other state (n = 7), with Pennsylvania remaining in second place (n = 3). The outcome trend increased even more in favor of districts; the parents prevailed in establishing the child's eligibility in only one of the 18 cases. The primary decisional factors were severe discrepancy and, to only a slightly less frequent extent, the need for special education. Conversely, RTI was conspicuous in its absence, surfacing in just two decisions and then in only a negligible role. The purpose of this analysis is to extend the previous, preliminary update to cover a fuller, 6-year period and, thus, provide a more accurate picture of the recent trends in relation to the prior 25-year analysis. The specific questions include: (1) Have the upward slope and California and hearing/review officer predominance in frequency of decisions continued?; (2) Has the trend of district-friendly outcomes changed?; and (3) Has RTI become a major decisional factor in these cases? (Contains 1 table.) Note:The following two links are not-applicable for text-based browsers or screen-reading software. Show Hide Full Abstract

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Descriptors:
Behavior Disorders; Politics of Education; School Psychologists; Hearings; Investigations; Federal Legislation; Behavior Modification; Positive Reinforcement; Teaching Methods; Disabilities; Student Behavior; Child Safety; Discipline; Behavior Problems; Intervention; Safety; Discipline Policy; Students; School Safety; Injuries; Timeout; Discipline Problems; Advocacy

Abstract:
Over the past several years, allegations of abuse and death related to seclusion and restraint, media coverage of these events, subsequent federal investigations, and Congressional hearings about this topic have resulted in increased pressure on Congress to pass legislation to address the use of seclusion and restraint in the school setting. Currently, there are two pieces of federal legislation that are intended to regulate state and local policy regarding seclusion and restraint, and the U.S. Department of Education recently released a resource document related to this issue. Although the National Association of School Psychologists (NASP) does not have a formal position regarding seclusion and restraint, the association actively promotes the use of preventive measures and positive behavioral supports (PBS) with all students. This article will provide background information relating to this legislation as well as NASP's response. The article will also highlight key recommendations from the U.S. Department of Education's (2012) "Restraint and Seclusion: Resource Document," and summarize the behavioral practices that NASP promotes, including the role of the school psychologist in ensuring that all students' behavior is properly supported. Note:The following two links are not-applicable for text-based browsers or screen-reading software. Show Hide Full Abstract

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Descriptors:
School Districts; State School District Relationship; Educational Change; Administrative Change; Organizational Change; Boards of Education; Public Schools; Discourse Analysis; Case Studies; Public Policy; Hearings; Urban Schools; Politics of Education; Meetings; Accountability

Abstract:
Although research has been conducted on state and city interventions of educational systems in urban districts in the United States, very little has been written from the perspective of an elected school board, the governing bodies being replaced during this era of reform. This case study illustrates how an elected school board in St. Louis, Missouri advocated for a return to elected governance following a period of state takeover using the tools of public consultative discourse analysis (PCDA; Scollon, 2010). Data sources consisted entirely of publicly available records and included agendas, handouts and minutes of meetings, media reports, transcripts of public hearings, reports, and policy documents. The analyses of the discourses included a close analysis of the textual devices that contribute to power and consent. In the spirit of PCDA, the elected school board did not simply analyze these texts and associated discourses but used the analyses to influence public policy. Three of the elected board's interventions are the focus of this article: reframing the state's charge; foregrounding the "public" in public education; and creating a counternarrative. This case study in public consultative discourse analysis provides insight into how discourse practices work to construct consensus around educational reform initiatives and the challenges inherent in creating alternative perspectives. (Contains 7 notes and 1 table.) Note:The following two links are not-applicable for text-based browsers or screen-reading software. Show Hide Full Abstract

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Descriptors:
Higher Education; College Graduates; Educational Change; Federal Legislation; Legislators; Hearings; Labor Force Development; Student Diversity; Part Time Students; Time Perspective; Time to Degree; Flexible Scheduling; State Action; Change Strategies; Career Choice; Student Educational Objectives; Graduation Rate; School Holding Power; Performance Factors

Abstract:
This paper presents Stan Jones' testimony before the United States House of Representatives Subcommittee on Higher Education and Workforce Training. In his testimony, he talks about a new American majority of students that is emerging on campuses, especially at community colleges. These students must delicately balance long hours at jobs they must have with the higher education they desire. Even though this emerging majority has fundamentally different needs, American higher education in general has been slow to change, continuing to deliver courses and programs designed decades ago and best suited for full-time, residential students. Time, choice and structure are the essential optics through which all higher education reforms must be viewed in order to maximize the likelihood of graduating more of today's students. Successful, large-scale programs and systems around the country have proven that by utilizing informed choice and structured delivery, students can successfully balance jobs and school--and are much more likely to graduate. To achieve the substantial gains in college completion Americans must have to compete, must reinvent American higher education. To do so, requires significant shared responsibility by all stakeholders, including government. More of the same will not do. The Administration can seize key opportunities to encourage states, incent needed reforms, and signal its clear interest in more college graduates, not just enrollments. Appended are: (1) "College: The Unfinished Revolution" by James Rosenbaum, et.al.; (2) NGA/CCA Common College Completion Metrics; and (3) Complete College America's "Essential Steps for States." Note:The following two links are not-applicable for text-based browsers or screen-reading software. Show Hide Full Abstract

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Descriptors:
Special Education; Civil Rights; Related Services (Special Education); Autism; Court Litigation; Hearings; Pervasive Developmental Disorders; Children; Public Schools; Access to Education; Administrator Role; Competence; Questionnaires; Knowledge Level; Surveys

Abstract:
The number of children with ASDs quadrupled between 2000-2001 and 2009-2010, from 93,000 to 378,000. More children with ASDs are being served in public school systems. Due process hearings and cases involving students with ASDs represent the most rapidly growing area of litigation in special education. Special education administrators' knowledge of ASDs will impact what types of instruction, resources, and related services are made available to address this growing need. (Contains 1 table.) Note:The following two links are not-applicable for text-based browsers or screen-reading software. Show Hide Full Abstract

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Descriptors:
Disabilities; Special Education; Individualized Education Programs; Educational Legislation; Federal Legislation; Federal Regulation; School Districts; Eligibility; Grievance Procedures; Legal Problems; Hearings; Public Education; Court Litigation

Abstract:
Special education leaders need to be aware of long-standing general regulatory requirements under [image omitted]504 for which school districts are often vulnerable. Special education leaders also have to keep current on recent legal developments for "[image omitted]504-only" students, including the effects of the Americans with Disabilities Act Amendments Act on not only eligibility but also entitlement. Most directly within their area of responsibility, special education leaders can no longer treat [image omitted]504 as solely or even primarily within the province of general education; recent court decisions illustrate the emerging advantages of 504 as an additional or additional source of legal claims for "double-covered," or students with IEPs under the IDEA. (Contains 1 table.) Note:The following two links are not-applicable for text-based browsers or screen-reading software. Show Hide Full Abstract

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Descriptors:
Stakeholders; Educational Practices; Hearings; Public Policy; Federal Legislation; Role Playing; Controversial Issues (Course Content); Teaching Methods; Class Activities; Energy Education; Fuels; Environmental Education; Environmental Influences; Environmental Standards; Activism; Job Development

Abstract:
In this article, the author describes a role-playing activity on tar sands and the proposed TransCanada Keystone XL pipeline. In this activity, students take on the characters of six key stakeholders invited to an imaginary public hearing to discuss whether or not the State Department and President Obama should approve the Keystone XL pipeline. She introduced the role play by providing students with some basic information and photos of the tar sands and the proposed pipeline, and explaining the political context. Note:The following two links are not-applicable for text-based browsers or screen-reading software. Show Hide Full Abstract

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Descriptors:
Legal Responsibility; Communications; Freedom; Access to Information; Public Opinion; Boards of Education; Meetings; Hearings; Organizational Communication; Court Litigation; School Districts

Abstract:
Virtually every state has a stature entitling public access to meetings of governing bodies, including school boards. The exchange of information between the district and the public is governed by a variety of statutes. These statutes reflect a policy whereby the business of school boards is to be transparent and exposed to public scrutiny. Three legal issues are reflected in these open records acts: (1) demand by members of the public to speak at board meetings; (2) public demand for information concerning teachers; and (3) public access to communications by and among board members and other district employees. Note:The following two links are not-applicable for text-based browsers or screen-reading software. Show Hide Full Abstract

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Descriptors:
College Students; College Environment; Student Behavior; Discipline Problems; Hearings; Juvenile Justice; Drinking; Student Personnel Workers; Student Attitudes; Educational Quality; Program Effectiveness; Age Differences; Gender Differences; Grade Point Average; Context Effect

Abstract:
For this study, 1,884 adjudicated college students provided their impressions of the educational value and procedural fairness of their disciplinary experiences. Results indicated that a strong correlation exists between perceived fairness and educational value. Differences in students' perceptions emerged in regards to age, gender, and GPA, among other characteristics. The value students assigned to the disciplinary hearing they attended with a student affairs professional best predicted the degree to which they believed their involvement in the process would cause them to avoid future violations of university policy and change their behavior. (Contains 3 tables.) Note:The following two links are not-applicable for text-based browsers or screen-reading software. Show Hide Full Abstract

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Descriptors:
Disabilities; Child Abuse; Foreign Countries; Residential Institutions; Childrens Rights; Child Safety; Accessibility (for Disabled); Child Advocacy; Violence; Hearings; Sexual Abuse; Child Welfare; Child Care; Child Neglect; Investigations

Abstract:
The voices of adults and children with disabilities who have experienced violence and abuse are slowly beginning to surface in the public domain. Segregated residential institutions run by religious congregations appear to be dangerous places for children with disabilities and perceived differences--according to the former residents, speaking and communicating to us today as adults in Ireland. A statutory Commission to Inquire into Child Abuse in Ireland attracted important numbers of former residents--witnesses--who recounted appalling experiences of violence as children. The UN Convention on the Rights of Persons with Disabilities contains articles concerning the prevention of cruelty, sexual assault, violence and acts of humiliation that may be useful for countries like Ireland which have been unable to ratify the Convention. The protection of children with disabilities requires legal reform in Ireland, statutory licensing, monitoring and inspection of the segregated centres where children with disabilities are living. (Contains 2 notes.) Note:The following two links are not-applicable for text-based browsers or screen-reading software. Show Hide Full Abstract

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