Special Education Law Special Educators Term Paper

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This was supported by the Ninth District court in 2002, in the case Eason v. Clark County School District (NV), when it reversed a lower court and ruled that school personnel do not have immunity. This allowed parents to hold teachers and administrators financially liable when their child's right to FAPE is violated. While other rulings required schools to pay for private education or expensive programs such as Applied Behavioral Analysis, these rulings magnify school districts' needs to provide FAPE for all special education students.

Such rulings make it clear that personnel, schools and districts must be diligent about complying with federal special education regulations. The three sets of laws -- IDEA, 504, and ADA, certainly create a complex web of rues, parents have considerable rights, including making a formal complaint to the Office of Civil Rights (Zirkel, 2000).

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Parental remedies provided by law may include repayment of attorney fees, reimbursement for private placement, and having to pay for compensatory education if the school has failed to meet its educational obligation for a child (Katsiyannis & Herbst, 2004).

SOURCES

Katsiyannis, Antonis. And Herbst, Maria. 2004. "Minimize Litigation in Special Education." Intervention in School & Clinic, November.

U.S. Department of Special education (USOE). "History of the IDEA," in ED.gov. Accessed via the Internet 3/18/05. http://www.ed.gov/policy/speced/leg/idea/history.html

Wright, Peter W.D., and Wright, Pamela Darr. 2005. "Case Law," in WrightsLaw. Accessed via the Internet 3/18/05. http://www.wrightslaw.com/

Zirkel, Perry a. 2000. "Leveling the Playing Field or Leveling the Players? Section 504, the Americans with Disabilities Act, and Interscholastic Sports." Journal of Special….....

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