“Education for a Lifetime of Learning”
SED 502/602 Special Education Laws and Trends
Class Day and Time:
Semester:
Instructor:
Office:
Office Hours:
Monday Evenings 6:30-9:10
Fall 2007
Elizabeth R. Wright, Esq.
Thomas Reynolds Center for Special Education
Monday 4:30-5:30 pm, Tuesday 10:00 -11:00 am
Department Mission
The mission of the Education Department at Daemen College is to ensure that our graduates,
through participating in active discourse and practica opportunities, posses the following:
pedagogical knowledge; understanding regarding equity, diversity and exceptionality;
professional skills necessary for reflective practice, thereby enhancing professional growth. In
doing so, we believe that we graduate life long learners/teachers who, like all Daemen graduates,
are prepared for life and leadership in an increasingly complex and interdependent world.
Department Philosophy
The Philosophy of the Education Department at Daemen College is to promote faculty and
teacher candidate commitment to an established paradigm for life long learning. The Education
Department’s learning community is committed to master teacher educator, professional, new
teacher, and national education technology standards. 1 We believe that an active discourse
regarding pedagogy (inclusive of the New York State Learning Standards) can be utilized to instill
knowledge and professionally prepare teacher candidates. This discourse also fosters community
understanding regarding equity and the needs of diverse and exceptional students. We further
believe that practical opportunities to apply the learning community’s knowledge and
understanding must be provided to all community members. Reflection within the learning
community upon the results of assessment, in turn, inspires personal and collective growth. Our
learning community exists within the Daemen College learning community and its wider
constituencies, where resources, technology, support services, information, and due process
rights empower both faculty and candidate.2
1
The faculty has adopted the Standards for Teacher Educators and has committed to an
adapted version of the Interstate New Teacher Assessment and Support Consortium (INTASC)
standards, the National Board for Professional Teaching Standards, and the National Education
Technology Standards as guiding standards for the Education Department of Daemen College in
an effort to prepare teacher candidates to teach to the NYS learning standards.
2 The above philosophy is derived in part from Section 4-2.5 Standards for Regents Accreditation
of teacher education programs/ Standards of quality
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Course Description:
This course provides an in-depth review of trends and legislation which impact upon children with
disabilities, their families and the professionals who serve them. Identification, evaluation and
implementation of service delivery models will be included. The course will examine research
implications and social movements for future trends in prevention, services, legislation, litigation
and personnel preparation in special education.
Course Rationale:
It is incumbent upon the special education teacher to understand the implications of Special
Education Law in order to carry out his or her role within the special education process within the
bounds of applicable laws. Special education laws (both federal and state) have tremendous
implications for the special educator. An understanding of the principles that underlie federal and
state special education law, knowledge of where such principles fit within the complex process
that is special education, and an ability to analyze the rights of students within the context of the
special education process are fundamentally important to becoming an effective special educator.
Required Texts:
Osborne, A.G., Jr., & Russo, C. J. (2006). Special education and the law: a guide for
practitioners (2nd ed.). Thousand Oaks: Corwin Press.
Instructor will also supply (for purchase by students) a compilation of relevant readings including
current statutes, regulations, case law, and current journal articles pertinent to this course.
Selected Department Learning Goal(s) based upon INTASC Standards:
Goal 3 – Instructional Strategies for Diverse Learners
Teacher candidates will understand how students differ in their approaches to learning and create
instructional opportunities that are adapted to diverse learners.
Goal 9 – Professional Development
Teacher candidate, as reflective practitioners, will continually evaluate the effects of their choices
and actions on others (students, parents, and other professionals) and actively seek opportunities
to grow professionally.
Goal 10 – School/Community Involvement
Teacher candidates will foster relationships with school colleagues, parents, and agencies in the
larger community to support students’ learning and well being.
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Course Learning Objectives in Support of Goals
Students completing SED 502/602 should be able to:
A. Analyze the legality of instructional opportunities provided to students with disabilities by
applying acquired knowledge regarding the Committee on Special Education process,
Individualized Education Programs, case law, and federal and state statutes and
regulations
B. Examine and discuss the case law and statutes/regulations effecting students with
disabilities and their families from a national and state perspective and the impact of
teacher decision(s) and the decisions of the Committee on Special Education upon
student learning.
C. Examine and discuss community resources available to provide information and training
to professionals, and families with members who have disabilities.
Course Requirements / Student Assessment Information
1. Fact patterns: 3 hypothetical “real life” educational situations involving students with
disabilities will be described in detail. Students will be responsible for determining what special
education law principles are involved in the fact pattern, what particular statutory rights of the
student(s) have been violated, and what section(s) of federal law are involved. Each write-up
must be a minimum of two pages (double spaced) and must be typed. Each write-up must not
exceed three pages. Students will be given fact patterns on three occasions throughout the
semester. Each fact pattern analysis is worth ten (10) points each for a total of thirty (30) points.
The first fact pattern will be analyzed together in class.
 A BONUS FIVE (5) POINT FACT PATTERN WILL ALSO BE COMPLETED IN CLASS
2. Take home mid-term exam: Each student will be required to analyze a complex fact pattern
involving topics covered up to the point of the mid-term in the course. The above mentioned 10
point fact patterns serve as practice for the mid-term. Students may analyze the complex fact
patterns with the use of special education law, case law, and articles provided in class (30
points).
3. Final Exam: An IEP for a hypothetical student will be given to students along with a psychoeducational history. Students will be required to analyze the IEP for procedural and substantive
legal violations. (20 points)
4. Students will research community resources available to parents of children with a particular
disability and present the information obtained to their classmates. All information will be
compiled and distributed to each class participant. (10 points)
5. Regular attendance, class participation, class preparedness (10 points).
TOTAL COURSE POINTS: 100
POSSIBLE BONUS POINTS: 5
95-105 Points : A
90-94 Points: A85-89 Points: B+
80-84 Points B
BELOW 80 POINTS = C
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Grading Scale
Graduate students are required to maintain a minimum GPA of 3.00 on a 4.00 scale throughout
their academic program. Graduate courses will be graded on the following scale:
Quality
Points
4.00
Grade
A
Superior achievement
AB+
3.70
3.30
Satisfactory
B
C
F
I
AU
AX
W
UW
Achievement below expectation
Failure; no academic credit
Incomplete
Audit (satisfactory, but not for credit)
Audit Unsatisfactory (unsatisfactory due to Non-attendance)
Withdrawal (given when courses are dropped after the last day for drop/add
and no later than the last day for authorized withdrawal).
Unauthorized Withdrawal (may be given until Midterm to students not
attending but not Officially withdrawn).
3.00
2.00
0.00
------
A grade of C is considered unsatisfactory and will result in review of the student’s record by the
Graduate Committee on Academic Standards.
Course Schedule
DATE
COURSE CONTENT AND READINGS
September 10th
TOPIC: AN INTRODUCTION TO SPECIAL
EDUCATION LAW
Course overview
Distribution of Course Syllabus
Explanation of materials
Lecture: The Special Education Process following the
Individuals with Disabilities Education Improvement Act
of 2004
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September 17th
TOPIC: THE SPECIAL EDUCATION
PROCESS
Please complete the following readings prior to
class on September 17th:
Chapter 1 Special Education and the Law: Special
Education Law: An Introduction pp1-22
20 U.S.C.§ 1415(d) “Procedural Safeguard Notice”
pp.66-67 of Statute
New York State Education Department procedural
safeguards notice (July 2005)
Class Discussion:
Lecture: Parent rights in a nutshell; what every parent
needs to know before attending a CSE meeting
View State Education Department Video “Committee on
Special Education Parent Guide” (2002)
Small group reflection regarding video representation of
CSE meeting; incorporates. Evaluate the effect of
teacher participation at a CSE meeting upon student,
family, team members.
September 24th
TOPIC: THE PRINCIPLE OF CHILD FIND
First Fact Pattern Distributed and analyzed in class
in small groups (10 pts.)
Please complete the following readings prior to class on
September 24th :
Chapter 2 Special Education and the Law ;(pp 40-41
only)
20 U.S.C. § 1412 (a) (3) “Child Find” p. 28 of Statute
OSEP Policy Letter, 18 IDELR 1235 (1992)
Robertson County School District v. King, 99 F.3d 1139
(6th Cir. 1996), 24 IDELR 1036.
Clay T. v. Walton County School District, 952 F.Supp.
817 (M.D. GA. 1997)
Compare: Russo v. Chippawa Valley School District, 24
IDELR 331 (ED. Mich. 1996).
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October 1st
TOPIC: THE PRINCIPLE OF ZERO REJECT
Second Fact Pattern Distributed
Please complete the following readings prior to class on
October 1st:
20 U.S.C. § 1400 (d) (1) (A)
“Purposes” p.5 of Statute
Kruelle v. New Castle County School District, 642 F. 2d
687, 695 (3rd Cir. 1981), 1980-81 EHLR 552:350, 355
Gladys J. v. Pearland Independent School District, 520
F. Supp. 869, 879 (S.D. Tex. 1981), 1980-81 EHLR
522:480, 486.
Timothy W. v. Rochester New Hampshire School
District, 875 F. 2d 954 (1st Cir. 1989).
Martinez v. School Board of Hillsburo County Florida,
861 F. 2d 1052 (11th Cir. 1988)
Class handout: “Fact Pattern” regarding child in a coma
(BONUS 5 pts).
October 8th
October 15th
FALL BREAK NO CLASS
TOPIC: THE PRINCIPLE OF FAPE
Second Fact Pattern Due (10 pts)
Please complete the following readings prior to class on
the 15th
Chapter 2 Special Education and the Law (pp 23-48)
20 U.S.C. § 1401 (9) “Free Appropriate Public
Education” p.7 of Statute
Hendricks Hudson District Board of Education v. Rowley,
102 S.Ct. 3034
October 22nd
TOPIC: THE PRINCIPLE OF LRE
MID TERM DISTRIBUTED
Please complete the following readings prior to class on
October 22nd:
A.W. v. Northwest R-1 School District, 813 F. 2d 158
Daniel R.R. v. State Board of Education, 874 F. 2d 1036
Greer v. Rome City School District, 672 F. Supp. 936
Roncker v. Walter, 700 F. 2d 1058
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Oberti v. Board of Education, Clementon School District,
19 IDELR 243
20 U.S.C. § 1412 (a) (5) “Least Restrictive Environment”
p.28-29 of Statute
October 29th
TOPIC: THE PRINCIPLE OF NONDISCRIMINATORY, APPROPRIATE EVALUATIONS
MIDTERM DUE
Prior to class on October 27th, please read the following:
Chapter 4 Special Education and the Law (pp 75-112)
20 U.S.C. § 1414 (a);(b);(c) “Evaluations, Eligibility
Determinations, Individualized Education Programs, and
Educational Placements” Bottom of p.50- top of p. 56
Larry P. v. Riles, 1983-84 EHLR 555:304 (9th Cir. 1984),
amended 793 F. 2d 969 (9th Cir. 1986), EHLR 557: 433
Parents in Action in Special Education (PASE) v.
Hannon, 506 F. Supp. 831 (N.D. Ill. 1980), 1980-81
EHLR 552: 108
“Trends in Demography of Childhood Poverty and
Disability” (G. Fujiura and K. Yamaki) Exceptional
Children, Vol. 66 (2000): 187-199.
Mullen v. District of Columbia, 16 EHLR 792 (D. Col.
1990)
November 5th:
TOPIC: THE PRINCIPLE OF INDIVIDUALIZED
EDUCATION PROGRAMS
Prior to class on November 5th, please read the
following:
Chapter 3 Special Education and the Law (pp 52-74)
20 U.S.C. § 1414 (d) “Individualized Education
Programs” pp 56 - 63 of Statute
“Medical Services: The Disputed Related Service” (L.
Bartlett) The Journal of Special Education, Vol. 33
(2000): 215-223
Irving Independent School District v. Tatro,
104 S.Ct. 3371 (1984)
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In Class Assignment: In small groups use lap top
computers to surf the internet. Locate local
organizations that provide information and training
regarding educationally related disabilities; report out to
class mates and compile all acquired information prior to
class on 11/12/07 to create a Resource Guide.
November 12th
TOPIC: THE PRINCIPLE OF DUE PROCESS
Hand in Resource Guide
Third Fact Pattern Distributed
Please read the following prior to class on November
12th
Chapter 6 Special Education and the Law (pp 143-167)
20 U.S.C. 20 § 1415 (d),(e),(f) “Procedural Safeguards
Notice, Mediation, Impartial Due Process Hearing” pp
66-70 of Statute
Special Education Mediation: Real Solutions Where
Everyone Wins (SED July 2001)
November 19th
TOPIC: SECTION 504 OF THE
REHABILITATION ACT OF 1973 IN THE CONTEXT OF
PUBLIC SCHOOL
Third Fact Pattern Due
Please read the following prior to class on November 19th
29 U.S.C. § 794 (1973)
Funding of Assistive Technology, The Public School
Special Education System as a Funding Source: The
Cutting Edge (April, 2003) R. Hager, Esq (Pages 51-59
ONLY).
November 26th
TOPIC: DISCIPLINING STUDENTS WITH
DISABILITIES
Please complete the following readings prior to the class
on November 26th :
Chapter 5 Special Education and the Law (pp 117-141)
Doe v. Koger, 480 F. Supp. 225 (1979)
Honig v. Doe, 108 S.Ct. 592 (1988)
S-1 v. Turlington, 635 F. 2d 342 (1981)
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20 U.S.C. § 1415 (k) “Placement in Alternative
Educational Setting” pp 73-77 of Statute
December 3rd
TOPIC: CONFIDENTIALITY OF SPECIAL
EDUCATION RECORDS
Please complete the following readings prior to class on
November 27th :
34 C.F.R. Part 99
COURSE REVIEW / FINAL EXAM DISTRIBUTED
December 10th
FINAL EXAM DUE
Attendance Policy
Regular and prompt attendance is expected at all classes and officially scheduled programs and
activities. A student who is absent from class for any reason whatsoever will be required to make
up the work to the satisfaction of the instructor. A student anticipating or having a prolonged
absence (over two consecutive class sessions) should report this absence to his/her graduate
program director, who will convey this information to the appropriate instructors.
Professional Behavior Policy
The College reserves the right to dismiss or request the withdrawal of any student whose
academic standing, conduct, or manner renders his/her continued attendance at Daemen College
undesirable. Similarly, unprofessional and/or disruptive behavior within the classroom setting
during instructional time is not permissible and may, at the instructor’s discretion, result in the
student in the student being asked to leave the class and/or campus security being contacted to
escort the student out of the classroom.
Academic Integrity Statement
Academic dishonesty, of which cheating and plagiarism are the most common examples, is a
serious violation of the principles of higher education. Daemen College takes the position that
academic honesty is to be upheld with the highest degree of integrity. The College has a
responsibility to support individual thought and the generation of new ideas. This cannot be done
when violations of academic honesty go unchallenged.
Examples of academic dishonesty include, but are not limited to:
1. use of any unauthorized assistance in taking quizzes, tests, or examinations;
2. dependence upon the aid of sources beyond those authorized by the instructor in writing
papers, preparing reports, solving problems, or carrying out other assignments; or
3. the acquisition, without permission, of tests or other academic material belonging to a
member of the College faculty or staff.
4. any form of plagiarism, which includes, but is not limited to:
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a. the use, by paraphrase or direct quotation, the published or unpublished work of another
person without full and clear acknowledgement; or
b. the unacknowledged use of materials prepared by another person or agency engaged in the
selling or distributing of term papers or other academic materials.
In an instance where there has been a violation of the principles of academic honesty, the
instructor may choose to follow one or more of a number of possible alternatives including but not
limited to: (1) automatic failure of the work; (2) automatic failure of the entire course; (3)
recommending expulsion from the degree program; or (4) recommending expulsion from the
College. The student may appeal the instructor’s determination in accordance with the Grade
Appeal Procedure.
When a faculty member determines a violation of academic honesty has occurred, he/she will first
notify the student in writing. A copy of this letter, together with a written description of the case
with supporting evidence will also be submitted to the Dean of Graduate Studies. Should there
be no additional notifications of academic dishonesty, the initial record will be destroyed one year
after the student’s graduation from Daemen College.
Upon receipt of additional reported offenses, the Dean will formally present the materials in the
file to the Committee for review and recommendation of any additional sanctions beyond those
imposed by the instructor. The Dean will also notify the student that the materials will be the
subject of Committee deliberation and will recommend that the student write a letter regarding the
offense to the Committee for purposes of clarification, explanation or denial. Committee review
will be held in a timely manner as determined by the Committee. All faculty members who have
reported offenses on the part of the student will be invited to participate in the deliberations. In
cases where expulsion is recommended, either from the degree program or the College, final
authority rests with the Dean of the College.
Students with Disabilities Statement
Daemen College does not discriminate against qualified disabled persons in programs, activities,
or services offered. The College is committed to compliance with Section 504 of the Federal
Rehabilitation Act of 1973 and the Americans With Disabilities Act. The College campus and
buildings provide access for physically disabled students. All students must be able to
communicate in a manner which will allow instructors to evaluate their course performance.
Students or applicants with disabilities who have any questions concerning the College's
nondiscrimination policy or who request consideration of accommodations with respect to
admission or course participation should consult the College's policy on Accommodation of
Student with Disabilities (p.126).
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