1
Legal Qualities of Special Education
Legal Qualities of Special Education
Shelby Martin
Ball State University
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Legal Qualities of Special Education
In the late seventeen hundreds the United States of America finalized its
Constitution and it was signed by Congress. There are three equally important branches
of government that make up the United States government, the legislative, executive and
judicial branches. Throughout the Constitution, education is never mentioned, because of
this the government uses Article 1, Section 8, the Tenth and Fourteenth Amendments to
help provide constitutional reasoning for federal involvement in education and the right
of students with disabilities (Hulett, 2009, p.1). After years of working on the laws, today
the goal still stays the same, which is to help people understand the segregating, cruel and
prejudicial, and discriminating views set on special education and how they are unfair to
the individuals with special needs, their parents or other individuals that work or live with
the child with special needs.
The first court case that helped open the door to all other special education based
court cases was case of Brown v. Board of Education which took place in 1954. This case
had sweeping implications for African Americans but it also opened the door of
opportunity for all individuals with unalterable characteristics to receive the full
protections of the Fourteenth Amendment especially in the area of education (Hulett,
2009, p.16). Brown called for the desegregation of all public school systems in the United
States and is susceptible to multiple interpretations for students of color and those
students with disabilities (Frettura, LaNear p.93). Brown won the court case and since
then, all forms of segregation were illegal. Although Brown v. Board of Education was
concentrated on the segregation of African Americans, it was the building block to other
court case. These other court case would help the special education community.
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Legal Qualities of Special Education
In 1971, the Pennsylvania Association for Retarded Citizens, also known as
PARC, brought forth a case against the Commonwealth of Pennsylvania. PARC said that
students with mental retardation were being denied their constitutional right to equal
protection of the law under the Fourteenth Amendment (Hulett, 2009, p.20). The federal
district court voted in favor of PARC in 1972, and because of this, students with
disabilities were entitled to free public education that is similar to those students without
disabilities. This was and is a huge step for special education programs and is used as
another stepping-stone to get closer to the rights of education for students with
disabilities. After the court was in favor of PARC many other cases start to show up, one
of them being Mills v. Board of Education. Parents began to realize that their children
with disabilities were still not being treated equally or similar to those students that did
not have special needs. The parents called it to attention that the District of Columbia was
in violation of the Fourteenth Amendment. Mills used the PARC case as a back bone of
their argument and was found correct. The court established due process procedures to
ensure all students equal protection under the laws (Hulett, 2009, p.20). Mills v. Board of
Education and PARC served and still do serve as the reasoning behind many new laws
and court cases.
One law that was put into place because of these two court cases was the Public
Law No. 94-142 which is The Education for All Handicapped Children Act. The United
States Department of Education is now held responsible to develop guidelines and
regulations. After these guidelines and regulations were established, they became known
as administrative or regulatory law. Under the executive branch are the administrative
agencies, and they then create regulatory law. This law was the single most important
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Legal Qualities of Special Education
piece of legislation to secure a free and appropriate education in the least restrictive
environment for all children with disabilities (Hulett, 2009, p.21).
Article 1, Section 8 plays a big role in special education and equal rights of
students with disabilities. This includes No Child Left Behind Act (NCLB), Individuals
with Disabilities Education Act (IDEA), and section 504 of the Rehabilitation Act. The
government gives money and financial support to the state under IDEA and Section 5.
These two are statutes and are the two biggest statutes that affect the laws of special
education. There are six elements of IDEA, individualized education program (IEP), the
guarantee of a free appropriate public education (FAPE), the requirement of education in
the least restrictive educational environment (LRE), appropriate evaluation, active
participation of parent and student in the educational mission, and procedural safeguards
for all participants. These are known as the Six Pillars. Although education is not
mentioned in the Constitution, the Tenth Amendment says that the power is not delegated
to the United States by the Constitution are reserved to the states respectively (Hulett,
2009, p.4). This means that the state gets to design the laws for education and are held
responsible for these laws.
After 1918, all fifty states have education laws and enforce them. One of these
laws is there is an age gap that children are required to attend school. In Indiana students
without disabilities are required to stay in school till the reach the age of eighteen but
according to the United States Department of Education students with disabilities are
required to attend school where 89% of their day is in a classroom with non disabled
children between the ages of six and seventeen (Frattura, LaNear 88). Throughout the
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Legal Qualities of Special Education
years students with disabilities have started to get equal rights and are beginning to be
treated as equals but there is still a ways to go for them to be looked at as equal.
When IDEA was established, one of the major points and something that needed
to be included in the statue was a free and appropriate public education, also known as
FAPE. FAPE says that special education and related services be provided under public
school supervision and at no cost to the parents or guardian. It must also meet the
standards of the Indiana Department of Education, including early childhood, elementary,
and secondary education. Under FAPE every student with special needs has an IEP and
the same academic requirements as students without a disability (2010). FAPE helps
students in a classroom setting as well as working towards their educational goals.
In Board of education of Hendricks Hudson Central School District v. Rowley is
1982, the Supreme Court claimed that instead of “optimal level of service” children
needed a “basic floor of opportunity” (Hulett, 2009). This means that instead of a child
with special needs getting everything needed to reach optimal intelligence or skills,
schools would only need to give them what they needed to reach their IEP goals. An IEP
is an Individualized Education Program, which is when teachers, student, parents and
anyone else actually involved in the students education get together once a year a talk
about the eight components of an IEP. In this court case the Rowley family fought to say
their daughter needed to have a interpreter with her all day and that the school should
provide her with one. The school on the other hand said that they were doing what was
needed for her to meet her IEP under FAPE. The court voted in favor of the Board of
Education of Hendricks Hudson Central School District and said that the school was
doing all that was needed for the basic requirements for the FAPE. The decision to vote
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Legal Qualities of Special Education
in favor of the Board of Education made it clear that, schools did not have to provide the
resources to maximize students potential but must provide resources to meet basic
requirements.
Individualized education programs, or IEP, were designed to ensure that everyone
who needs to know about the individuals specific needs are aware of everything going on
in the individuals life. The IEP is one of the most important parts of the Individuals with
Disabilities Act (IDEA). “The IEP is intended to ensure the specific needs, requirements
services, and accommodations deemed essential to meeting the child’s individual
educational need” (Hulett, 2009). Eight components make up an IEP, and each of them
are talked about during a meeting with the parents, staff and teachers once a year.
One component is the present level of performance. This includes the child’s
strengths, learning styles, accommodations and modifications. One major thing for the
writer of the IEP to keep in mind is to start of with a positive and end with a positive.
Every parent loves to hear their child is doing well in class, social behavior or any other
area in life, so by starting off with a positive about how the student has improved since
the last meeting will help the parents adjust. This will also help the student feel
accomplished and ready to start the next part of their life or next part of their educational
life.
Going off of telling the parents and student of their accomplishments of the past
year, the writer of the IEP must address the goals the student has for the next coming
year. These goals may differ depending on the age of the student. After asking the student
what they would like to see happen, it is important to talk to the parents and see what
they think should happen in the next year and what their goals for their child is. After
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Legal Qualities of Special Education
talking about the goals they have mentioned it is time to talk about what you think should
happen and how you believe the student should do the next coming year. Make sure you
put in everyone’s goals and try to find reasonable academic and functional goals.
The parents must approve of the students progress. The third component is
student progress, this is the methods being used to help the student. The parent must be
informed of everything and should not be left out on any method being used by any
teachers. If the parent does not agree then the staff needs to find a new way to help this
student meet their goals.
The fourth component includes accommodations, modifications and support
services the school will provide for the student. The school needs to meet all basic needs
for the student. Every aspect of the students school needs to be addressed, this includes
academic, extracurricular and nonacademic activates. The variation and frequency of
these events needs to be noted as well.
One big thing that students with disabilities need is time in a regular classroom
around other students without disabilities. This is the fifth component. The IEP team
must come up with a percent or extent a student with disabilities will participate in
general education classrooms (Hulett, 2009). The student should spend as much time as
possible in a general education classroom, because that is where they will learn how to
relate in the real world. If need be the school must provide extended school services
through breaks and holidays. This also means that someone might have to monitor the
student in a general classroom and make sure he/she is able to keep up with the work.
The sixth component is participation in state and district wide assessments. This
component was added in 2004 because of the No Child Left Behind Act (Hulett, 2009).
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Legal Qualities of Special Education
The IEP team must list the child’s accommodation and modifications for the mandatory
state and/or local assessments.
Component seven is frequency and duration of services, which means the IEP
team must come up with a date that the services for the student will begin and a date for
when the services will end. The last component somewhat goes with this and it is
transition services. These components state that at the age of 16 the student must be given
training to prepare them for life after their secondary schooling. Each state has their own
age for this to start, for example, Indiana transition services start at the age of fourteen.
States can only start at a younger age and must provide these services.
The IEP team is made up of parents/guardians, regular education teacher, special
education teacher, school district or LEA representative a professional qualified to
discuss evaluation results, any other necessary professionals and the student. The parent
or guardians are among the most important people attending IEP meetings. They should
have opportunity to express their concerns and provide critical information about their
child. A regular education teacher will be there if the student is participating in general
education curriculum. The special education teacher is responsible for implementing the
IEP. A school district or LEA representative must be present. A professional that is
qualified to discuss evaluation result is there to interpret, clarify and discuss and
information that was gathered be assessment during the evaluation process. The student
must be present to participate in the IEP development process so they are aware of what
is expected of them.
LRE, least restrictive environment, means that the student with a disability should
be in a regular classroom as much as they can be and only removed when need be. The
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Legal Qualities of Special Education
school needs to do all they can to accommodate the needs of the student to help able them
to stay in the general education class. In Roncker v. Walter the parents of Neil Roncker
argued that he should not of been put in a different school under FAPE and LRE because
their child was not being educated in a nondisabled school. Another court case was
Daniel R.R v. State Board of Education; this was a very important case. The court made a
two-part test to see if the school had done everything in its power to keep the student in
regular classrooms, and after the test was done the court ruled that the school had done
everything it was responsible to do, but in the Sacramento City Unified School District v.
Rachel H. by Holland case the court said the school had not done everything to apply to
the child’s basic needs. Another court case is Hartman v. Loudoun County Board of
Education. In this case the parents said the school was not doing all they could for their
child and the court agreed with them but the 4th Circuit over turned the courts ruling.
Stating that the child was getting more then the basic requirements. LRE and FAPE can
be tricky situation and there have be many court cases debating what they mean.
In 2004, IDEA was introduced; this required that students be given a
comprehensive initial individual evaluation before receiving any special education
services. The IDEA started the early intervening services. The IDEA was the start of
early services. Since the IDEA required this evaluation, a program called Response to
Intervention, RTI, was introduced. This program allows every student to be evaluated
before saying weather or not the student needs to be in special education classes. The
goal of this approach is to decrease the number of children needing special education
services through early identification and the use of improved, research based instruction
(Hulett, 2009). All students are screened regardless if they have a learning disability or
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Legal Qualities of Special Education
not. The RTI needs to be put in place as early as possible to ensure the best education for
students. The purpose of RTI is to provide research to teachers, parents, and students for
the students that are at risk and are struggling through school. The process a student goes
through during RTI is to help a student who is struggling with educational problems or
behavioral problems to get the best help they can have before placing the student for
evaluation for special education. Although, many school mistaken a RTI to only be a new
way of qualifying students for special education, a RTI does the exact opposite (Austin,
Mike & Chris, 2010). RTI’s were put in place to help lower the amount of kids that need
to be put in special education. There are three tiers a student needs to go through before
being evaluated for special educational services. These three tiers get more in depth and
the level of frequency increases.
The first tier is class instruction for reading. Every student is in focus during this
tier. During this tier the general education teacher is required to have ninety minutes or
more per day focused on reading. The students will be in a general education classroom
and with only a general education teacher. The teacher is required to have three
benchmark assessments, one at the beginning of the year, one at the middle and one at the
end of the year. These assessments are to help make sure the student is doing well and
does not need to move to the next tier.
A targeted intervention is the second tier. This tier is designed for a student who
demonstrated a need for additional help than what was being given in tier one. As well as
getting the information and teaching from the general education teacher from tier one, the
student now needs a little more extra time from a personal determined by the school, this
could include a specialized reading teacher but it could also just mean extra time pulled
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Legal Qualities of Special Education
aside with the general education teacher. The assessments in this tier are more intense
then three per year and can sometimes be weekly. This tier also requires that in addition
to having the ninety minutes of specified core reading instruction, the student need thirty
minutes of time pulled aside in a small group. The setting of this tier is mostly left open
to where the school thinks is appropriate, meaning it may or may not be within the
classroom. Only 20% of the students in a general education class need this tier but of this
20% only five percent of those students need to move up to the third and final tier.
The third and final tier is intensive intervention. This is for students that have
been marked with reading difficulties or a reading disability and that have not positively
responded to the first two tiers. This tier is the most intensive and for select students who
need additional help in the classroom. In tier three, students are required homogenous
small group instruction. This means one student to one teacher, two to one, or three to
one. In addition to the core reading instructions, individuals in this tier requires a
minimum of two 30-minute sessions in a small group per day. Like tier two, tier three
requires to have more then three assessments per year. This could mean weekly, two
times a month or whatever the school and teachers believe is necessary. Normally during
this tier, someone besides the general education teacher steps in and helps. This is
normally a specialized reading teacher. This teacher will pull the children out of class and
work with them in a separate space where the school has deemed appropriate. The
teachers may believe the student is still in need of help at the end of this tier and that is
when they suggest to the parents that the student should looked at possibly being
evaluated for special education and an IEP, Individualized Education Program.
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Legal Qualities of Special Education
The student moves up each tier as the teacher goes through the guidelines,
benchmarks and evaluates their progress. The RTI also helps teachers evaluate
themselves on how well they are teaching. If they start to notice that it is not just a
handful of students falling behind and having to be moved to tier two, then the teacher
will start to realize something they are doing is not working and they need to revaluate
their curriculum.
As the student reaches the final tier, the hope would be that the student is making
huge progress and the process could end there, but in some cases the student needs more
attention. This is when the teacher suggests that the student be further evaluated for
special education. IDEA requires the parents or guardians of the student to receive a copy
of the procedural safeguards during this time of evaluation. The evaluation must be given
in the students native language, this is to make sure the student actually is in need of
these services and is just not having a difficult time understanding English. The
evaluations must be unbiased toward the student’s race, religion, culture or any political
views. This evaluation includes many different types of assessments, including observing
the student, formal assessments, and asking the student questions. The purpose of this test
is to evaluate where the student is academically. The IDEA requires nondiscriminatory
assessments, such as if the student’s native language is Spanish the test should be given
in Spanish, so the students current levels and abilities can be measured (Hulett, 2009).
There are two different evaluation processes a student can go through to
determine if they are eligible for special education services. Each process has 60 days
after contacting the parents and getting their approval. The first one is for lack of
improvement during the RTI process. This process has five steps, the first one is request
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Legal Qualities of Special Education
for an evaluation, this is when the student did not show progress and the school needs to
start an educational evaluation. The second step is preparing and providing the notice of
initial evaluation. During this step, the school has ten days to respond, in writing, to the
parent’s request for an evaluation. If the parents decline the request, the school must then
provide, in writing, why they believe the student needs to be evaluated for special
education services. After the parents accept the request, the school must begin deciding
what assessments will be conducted. After once again getting parent consent, the school
moves forward to the third step. During this step the school has 20 days, after getting
parental consent to evaluate the student. The parental consent must be in writing. Step
four is evaluation, eligibility conference and IEP. This step must occur within 20
instructional days. This is when the IEP is put into place if the student is deemed eligible.
Within ten business days step five must take place. Step five is written notice and consent
for placement if eligible. The parent must provide consent for an special educational
services that the school is wanting to be put into play, including an IEP. This process is
shorter then the other one because the student has already went through the RTI process.
The second process for eligibility is the steps for completing an education
evaluation. Step one is request for evaluation, this is when a parent requests an
evaluation. Step two is decision to evaluate. This step needs to happen in a maximum of
ten instructional days. The district must respond to the parents in writing whether the
request is being denied or accepted. The school district must give the parents details of
why they have made their decision. If the district accepts this request, they must start
compiling what assessments the student needs to go through. After this the school must
get parent consent and step three begins. During step three the evaluation takes 50 days
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Legal Qualities of Special Education
beginning the day the school receives the written consent from the parents. Step four is
evaluation eligibility conference and IEP. This is the same as in the other process except
for it must occur in 50 instructional days. Just like in the other process step five is written
notice and consent for placement if eligible. This process is more drawn out and takes
longer time because the student did not go through the RTI.
One big thing to keep in mind during the RTI and traditional process in the
family’s cultural and linguistic aspects is that without the use of cultural and
linguistically appropriate instruction, the results may lead to greater chances of the child
being over or under represented (Julie & Jennifer, 2008). Both of the models keep this in
mind and address it. One way the traditional method works with this is it has non-verbal
tests and interpreters. The RTI works with individual life experiences and how those
experiences will shape the student. The RTI testing is used to eliminate over or under
representation. A down fall to the traditional method is that if the student is not clearly in
need of special education services they will not get additional services. The RTI method
allows many different levels of services and is designed to help everyone. The RTI
focuses on the “how” while the traditional focuses of the “what” in test scores. There are
two things the two methods have in common and that is that both go with IDEA
protections and both have multidisciplinary teams involved in data collection and making
decisions.
There are different types of removal but removing a child from a room for any
part of the day is considered as an entire day of removal. A type of removal is called
short-term removal. Short-term removal is when the removal is fewer then 10 cumulative
instructional days of removal. Public agencies are not required to provide services to a
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Legal Qualities of Special Education
student with a disability during the first ten days of removal. Part of the short-term
removal is in-school suspension. In-school suspension is when the child can still be under
their IEP. Short-term removal outlined in IEP is not a removal and procedural safeguards
(FAPE) are not required in suspensions do not constitute a change of placement. Parents
have the right to see if the IEP was or is being violated. If the IEP is being violated other
actions must take place.
A change in placement may take place if a student has a a removal or series of
removals. There are many things that go into deciding if a student needs to have a change
in placement including, series of removals that accumulate to more then ten instructional
days, students behavior is substantially similar to behavior in previous incidents and
amount of time and proximity of removals may all be considered. There is no parent
consent needed for a disciplinary change, but parents may request mediation, due
processing hearing or both mediation and due processing hearing. Even though parents
do not need consent they must be notified when the public agency decides to make the
change. They also need to be presented with the procedural safeguards. Another form of
removal is suspension from services, which is when there is more then ten cumulative
days out of school that do not result in a change of placement. According to Kurt E.
Hulett schools must provide students with disabilities who are removed for a long period
or expelled with educational services outside of the regular education setting. NP child
can be suspended for more then ten days. During a suspension the school is required to
still attend to the IEP and help make the child meet their goals. This means that if the
child is at home a teacher or some other figure from the school must come to the students
house to help teach him and make sure everything is going smoothly.
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Legal Qualities of Special Education
The final step of discipline for a student is manifestation. This is when the IEP
team has gone through all the information and has met to determine if the behavior is due
to the students disability. There is two questions the team or committee has to answer the
first one is was the behavior caused by or had direct relationship to the students disability.
The second question is was the behavior the direct result of the public agency’s failure to
implement the IEP. If the answer is yes to one or both of these questions the behavior is
because of the students disability. If is was a magnification the case conference
committee must conduct a Federal Behavioral assessment (FBA) unless one is already
been conducted, implement, modify or review a Behavior Plan and return the student to
their previous placement unless they have discussed otherwise. If the behavior was
because of the disability the student may not be suspended or expelled. If the behavior
was not because of the disability and it was not a manifestation then the student will have
the same type of disciplinary services as a student with non disabilities but the services of
the IEP must keep going and not stop. IF the parents disagree and think the conduct was
not a manifestation of the disability, they can request mediation, due processing hearing
or both.
An interim alternative educational setting is when a student is removed for drugs,
weapons, or serious bodily injury. The student can not be in this program for no more
then 45 days and can only tae place after a manifestation determination is conducted. The
case conference committee determines IAES. During this time the school must have
services that enable the student to progress in the general education curriculum, receives
services and modifications in the IEP to progress toward the IEP goals and if appropriate
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Legal Qualities of Special Education
receives a FBA and BIP. If the parents disagree they can again request mediation, due
process hearing or both.
Likelihood of injury is when the public agency may request an expedited an
appropriate placement. A hearing officer may order IAES but not or more then 45
instructional days. The hearing officer must hear the matter and make a determination
regarding the student’s placement. If the public agency believes the student’s presence is
likely to result in injury to the student or others, the public agency may ask to remove the
student from school or change the student’s educational placement. This is known as
injunctive relief. The school may report a crime committed be a student with a disability
to law enforcements. The school can also request a court order removal of the student.
The last thing in a injunctive relief is special education and disciplinary records must be
transmitted as per FERPA guidelines.
Expulsion due process protection is a written report of the court case committee
given to parent and superintendent of schools. At this point the superintendent decides
weather or not to have an expulsion examiner. IF they decide this is needed the student’s
special education and discipline records are provided to the expulsion examiner who
notifies the parents and student of their rights to request an expulsion meeting. Students
are not yet eligible if they violate the code of conduct and is recommended for expulsion
and the parent subsequently notifies the school the student is suspected of having a
disability. Meaning if the school had an knowledge of the student might having a
disability the student is not yet eligible. If there is no prior knowledge of the disability or
thought of having a disability the school can take disciplinary action. Another way is if
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Legal Qualities of Special Education
the parents refuse services or have not allowed their child to be evaluated, this means the
school has no prior knowledge.
Schools, administrators and teachers are all getting legal support for their use of
functional behavioral assessment and behavior intervention plan (Von Ravensberg &
Tobin, 2004). A functional behavioral assessment (FBA) is a process that uses data to
identify pattern is the student’s behavior and the function of the behavior of the student.
A behavior intervention plan (BIP) is a plan, agreed upon by the case conference
committee and incorporated into a student’s IEP. This describes pattern of behavior that
impedes the student’s learning or the learning of other and the purpose of the behavior
that was identified in the FBA. The procedures are change in placement and
manifestation determination. When that is established it is time to take the steps to
creating a BIP and FBA. There are three steps to having a BIP. First step is to quantify
the behavior through data collection. The case conference committee has to go through
assessments like reviewing records, interviews and even observing the student. The
second step is data analysis. Triangulation is data from at least three different sources and
to help come up with a hypothesis of why the students do what they do. Meaning, when
A occurs , the student does B to avoid or get C. The ABC components are A, antecedents,
B, behavior, and C, consequences. The third step is developing a BIP. There are a few
key concepts one must keep in mind while developing a BIP. These include link to the
FBA and incorporated into the IEP, describe how the environment will be altered, include
positive behavioral strategies, specify the skills to be taught, implement across all settings
and people and include evaluation procedures. The purpose of a BIP is to help the student
meet their needs in a more effective and acceptable manner. Skill deficit which is the lack
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Legal Qualities of Special Education
of knowledge and performance deficit which is lack of proficiency or motivation are two
things that need to be remediated. Meaning if the teaching is good there is a lack of skill
and if the student practice with relevant examples and is still not getting it is a
performance deficit. Accommodation must be made in the physical environment such as
setting, routines and transitions. Another place accommodations need to happen is in the
curriculum. Meaning sometimes the assignment might need to be altered. Everyone in the
students life is responsible for implementing this. To measure how well this is working
keep data on the target behaviors, on the instruction of alternative behaviors and report
this data at the end of each grading period.
Education has come along way but the education system has come even farther.
The education system has over came not being mentioned in the Constitution and is now
looked at in other important ways. After the segregation of blacks and whites was done,
special education was discriminated against. Special education students or students with
disabilities were looked at different and outcasts. At one point they were not even
allowed to attend school, but thankfully because of the Special Education law, FAPE,
LRE, RTI, Procedural Safeguards and the Tenth and Fourteenth Amendments students
with disabilities are able to attend school, have the same rights as other students, and
become successful in life.
Personal Philosophy
Becoming a teacher means you have a passion to work with kids and help them
reach their goals in life. There are many reasons people become teachers. Although, I had
wanted to be a teacher for most of my life, it was not until one of my friends sisters came
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Legal Qualities of Special Education
to Ball State and majored in special education, that I became interested. Listening to her
talk about her experiences made me realize that I would love to work with children with
special needs or a disability. I quickly looked into the major and loved what I was
participating in. I began babysitting a child with autism. I loved every second of this and
anytime I got to work with kids. Learning about LRE, FAPE, Special Education law, RTI
and Procedural Safeguards has made me even more excited to be a teacher. Although
there are many responsibilities like doing an IEP, making sure it is followed and every
service is provided, I can not wait to be able to put into place everything I have learned
and work with students.
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Legal Qualities of Special Education
Austin, B., Mike, M., & Chris, W. (2010). The Why Behind RTI. Educational
Leadership.
Frattura, Elise. LaNear, John. Education and the Law, Vol. 19, No. 2, June 2007, pp. 87109. “Getting the stories straight: allowing different voices to tell an ‘effective
history’ of special education law
in the United States.” University of WisconsinMilwaukee. Web. January 22, 2013.
Hulett, K.E. (2009). Legal aspects of special education. Upper Saddle River, NJ:
Pearson.
Indiana Department of Education. (2010). Notice of Procedural Safeguards. Indianapolis,
IN: MSD Lawrence Township Office.
Julie, B., & Jennifer, D. (2008). A cultural, linguistic, and ecological framework for
response to intervention with English language learners. Teaching Exceptional
Children, 40(5), 66-72.
Von Ravensberg, H., & Tobin, T. (n.d.). Idea 2004: Final regulations and the
reauthorized functional behavioral assessment. (2004). Running Head: IDEA
2004: The Reauthorized FBA,