Table of Contents Preface Acknowledgments PART ONE INTRODUCING TO THE LAW 1 Introduction to the American Legal System Federalism Lawmakers: Who Makes the Law? Case Law and the Courts Brown v. Board of Education Role of Law Cases 2 Federal Policy and Disability The History of Federal Legislation School Practices Reasons for the Practices Reasons for the Change in Practice Federal Responses to Disability Discrimination: Entitlements Federal Responses to Disability Discrimination: Antidiscrimination Laws The Principle of Dual Accommodations Other Major Principles of Disability Law Conclusion Notes References Cases PART TWO THE SIX MAJOR PRINCIPLES 3 Zero Reject Introduction Individuals with Disabilities Education Act Effects of the Zero-Reject Rule Conclusion Reference Cases Hearing Officer Decisions 4 Testing, Classification, and Placement Introduction Pre-IDEA Criticisms of Testing Pre-IDEA Court-Ordered Remedies Why Evaluation Is Required Individuals with Disabilities Education Act Major Legal Restraints on Consequences of Classifications Case Law Observations About Classification Who Classifies How We Classify Why We Classify Deferences to Professionals Classification, Professionals, and Policy Consequences Effects of the Nondiscriminatory Evaluation Rule Conclusion Notes Reference Cases 5 Appropriate Education Introduction Statutory Definition of Appropriate Education The Rowley Decision: IDEA and the Process Definition Individualized Education--The I-Plans Other Statutory Provisions for Appropriate Education Related Services Appropriate Education, the Supreme Court, and the Benefit Standard Judicial Reliance on Expert Judgment; Deference to Professionals Remedies for Denial of a Free Appropriate Education Interests of Children with Disabilities and Functions of Government Conclusion References Cases 6 Least Restrictive Appropriate Educational Placement Introduction Constitutional Foundations Individuals with Disabilities Education Act LRE as a Rebuttable Presumption: Its Value Base The Judicial Interpretation Conclusion Notes References Cases 7 Procedural Due Process Introduction Individuals with Disabilities Education Act Case Law Conclusion Cases 8 Parent Participation and Shared Decision Making Introduction Individuals with Disabilities Education Act Related Services and Benefits to Parents Part C Parent Responsibilities Significance of ADA and IDEA for Families Case Law on Parent Participation Conclusion Reference Cases PART THREE ENFORCING THE LAW 9 Compliance Through the Courts Introduction Compliance: Pre-IDEA Techniques Individuals with Disabilities Education Act Attorney Fees Damages Under IDEA and Other Federal Statutes Coupled Claims Under IDEA, Section 504, ADA, and Section Other Education Malpractice Cases Conclusion Cases 10 Enforcement of the Six Principles and Systems-Change for School Reform Introduction Putting Money Where the Students Are Systemic Improvement, Systems-Change, and School Reform Conclusion References Appendix A Brown v. Board of Education Appendix B Southeastern Community College v. Davis Appendix C Board v. Rowley Glossary Table of Cases Case Index Index