Education of Students with Disabilities | Center for Law and Education

Since its inception, CLE has worked to implement and enforce the rights of all students with disabilities to a full, meaningful, and equal public education, with a particular emphasis on issues critical to low-income students. CLE pursues this goal through federal and state legislative and administrative advocacy, litigation, as necessary, publications, and provision of technical assistance, including to the extent possible through collaboration with educators, families and their advocates.

Background

Overview of the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act (Revised, Nov. 2009)
Brief review of changes to ED’s proposed regulations on revocation of consent, etc. (NPRM, May 13, 2008) (PDF) Comments on Department of Education's Final Regulations concerning IDEA, acknowledging the acceptance of many of CLE's proposed changes, and including Key Changes to provisions for revocation of consent for special education and related services; Impact on Discipline; Hearing Rights; and State monitoring and Enforcement.
NCLB Choice and Disabilities (PDF)
CLE Recommendations to the U.S. Dept of ED on key issues affecting students with disabilities (Dec. 2008): Implementing Key Title I Provisions to Help Ensure Quality Education for Students with Disabilities (PDF)
Reversing OSEP’s Interpretation of Modified FAPE (PDF)

Articles and Publications

CLE's brief released: “Responding to ‘A Blueprint for Reform’ through the Lens of Students with Disabilities” (PDF)
Policy Brief for the National Center for Learning Disabilities: Accessible Instructional Materials: Ensuring Access for Students with Learning Disabilities, Joanne Karger, Oct. 2010 (PDF)
Joanne Karger and Kathleen B. Boundy, "Including Students with Dyslexia in the State Accountability System: The Basic Legal Framework" (Perspectives on Language and Literacy, Fall 2008) (PDF) Article by staff attorney Joanne Karger describing the legal framework established by Title I/NCLB that ensures meaningful accountability of states to all students with disabilities protected by IDEA and Section 504. Participation in the state system is critical to ensure that students with disabilities are effectively taught a rigorous curriculum and learn to proficient and advanced standards.
Kathleen B. Boundy and Joanne Karger, "Special Issues Affecting Inclusion of Students with Dyslexia in Statewide Assessments and Their Implications" (Perspectives on Language and Literacy, Fall 2008) (PDF) Article by co-director Kathleen Boundy about issues and challenges relating to the inclusion of students with disabilities in State assessment systems, including, invalid inferences being drawn based on students being inappropriately identified, educated and assessed based on modified standards.
Kathleen B. Boundy, "Examining the Amendments to the Individuals with Disabilities Act of 2004: What Advocates for Students and Parents Need to Know" (Journal of Poverty Law and Policy, May-June 2006) (PDF) Article discusses statutory changes to IDEA as reauthorized in 2004 and in the context of the proposed 2006 regulations that, if implemented and enforced, should improve educational achievement and outcomes for students with disabilities. Also flagged are the provisions that eliminate, alter, or otherwise compromise the rights of students with disabilities and present special challenges for parents and advocates.
Eileen L. Ordover, "When Schools Criminalize Disability/Education Law Strategies for Legal Advocates" (2002) (PDF) Comprehensive guide discussing strategies for challenging school policies and practices that result in schools characterizing in-school, disability-related behavior as criminal, resulting in police/court involvement, and unilateral removal of students from their educational arguably in violation of the provisions of the IDEA. Includes hypothetical case scenarios, with legal analyses, strategies and anticipated defenses, recommendations, and a brief synopsis of other issues pertaining to the school system's abuse of the juvenile justice system and the education rights of court-involved youth.
Eileen L. Ordover, "Disciplinary Exclusion of Students with Disabilities" (Clearinghouse Rev. Vol. 34, p. 50, May-June 2000) (PDF) Discussion of the special rights and protections of students with disabilities who are subject to disciplinary exclusion under the IDEA and section 504 of the Rehabilitation Act. Note: IDEA was reauthorized and amended in 2004.

Additional Material Pertaining to the Education of Students with Disabilities

Tools and Assistance CLE developed tools and presentations for parents, advocates, students, legislators and lawyers in advocating, organizing and litigating for a high quality education for all children.
Legislative Advocacy CLE's Testimony Before and Comments Submitted to the U.S. Senate (e.g. Health, Education, Labor and Pension Committee) and U.S. House of Representatives (e.g. Committees on Labor and Education).
Administrative Advocacy CLE's Comments primarily in response to Notices of Proposed Rulemaking (NPRM) from USED, including Office of Elementary and Secondary Education, Office of Special Education and Rehabilitative Services, Office of Vocational and Adult Education, and Office for Civil Rights.
Pleadings and Memoranda Legal Documents, including administrative and judicial complaints and memoranda, briefs, pertinent memoranda on varied legal matters pertinent to effective representation of student-clients.

Quality Education: Title I/NCLB Education of Students with Disabilities High School Restructuring	Education of Students with Disabilities Since its inception, CLE has worked to implement and enforce the rights of all students with disabilities to a full, meaningful, and equal public education, with a particular emphasis on issues critical to low-income students. CLE pursues this goal through federal and state legislative and administrative advocacy, litigation, as necessary, publications, and provision of technical assistance, including to the extent possible through collaboration with educators, families and their advocates. Background Overview of the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act (Revised, Nov. 2009) Brief review of changes to ED’s proposed regulations on revocation of consent, etc. (NPRM, May 13, 2008) (PDF) Comments on Department of Education's Final Regulations concerning IDEA, acknowledging the acceptance of many of CLE's proposed changes, and including Key Changes to provisions for revocation of consent for special education and related services; Impact on Discipline; Hearing Rights; and State monitoring and Enforcement. NCLB Choice and Disabilities (PDF) CLE Recommendations to the U.S. Dept of ED on key issues affecting students with disabilities (Dec. 2008): Implementing Key Title I Provisions to Help Ensure Quality Education for Students with Disabilities (PDF) Reversing OSEP’s Interpretation of Modified FAPE (PDF) Articles and Publications CLE's brief released: “Responding to ‘A Blueprint for Reform’ through the Lens of Students with Disabilities” (PDF) Policy Brief for the National Center for Learning Disabilities: Accessible Instructional Materials: Ensuring Access for Students with Learning Disabilities, Joanne Karger, Oct. 2010 (PDF) Joanne Karger and Kathleen B. Boundy, "Including Students with Dyslexia in the State Accountability System: The Basic Legal Framework" (Perspectives on Language and Literacy, Fall 2008) (PDF) Article by staff attorney Joanne Karger describing the legal framework established by Title I/NCLB that ensures meaningful accountability of states to all students with disabilities protected by IDEA and Section 504. Participation in the state system is critical to ensure that students with disabilities are effectively taught a rigorous curriculum and learn to proficient and advanced standards. Kathleen B. Boundy and Joanne Karger, "Special Issues Affecting Inclusion of Students with Dyslexia in Statewide Assessments and Their Implications" (Perspectives on Language and Literacy, Fall 2008) (PDF) Article by co-director Kathleen Boundy about issues and challenges relating to the inclusion of students with disabilities in State assessment systems, including, invalid inferences being drawn based on students being inappropriately identified, educated and assessed based on modified standards. Kathleen B. Boundy, "Examining the Amendments to the Individuals with Disabilities Act of 2004: What Advocates for Students and Parents Need to Know" (Journal of Poverty Law and Policy, May-June 2006) (PDF) Article discusses statutory changes to IDEA as reauthorized in 2004 and in the context of the proposed 2006 regulations that, if implemented and enforced, should improve educational achievement and outcomes for students with disabilities. Also flagged are the provisions that eliminate, alter, or otherwise compromise the rights of students with disabilities and present special challenges for parents and advocates. Eileen L. Ordover, "When Schools Criminalize Disability/Education Law Strategies for Legal Advocates" (2002) (PDF) Comprehensive guide discussing strategies for challenging school policies and practices that result in schools characterizing in-school, disability-related behavior as criminal, resulting in police/court involvement, and unilateral removal of students from their educational arguably in violation of the provisions of the IDEA. Includes hypothetical case scenarios, with legal analyses, strategies and anticipated defenses, recommendations, and a brief synopsis of other issues pertaining to the school system's abuse of the juvenile justice system and the education rights of court-involved youth. Eileen L. Ordover, "Disciplinary Exclusion of Students with Disabilities" (Clearinghouse Rev. Vol. 34, p. 50, May-June 2000) (PDF) Discussion of the special rights and protections of students with disabilities who are subject to disciplinary exclusion under the IDEA and section 504 of the Rehabilitation Act. Note: IDEA was reauthorized and amended in 2004. Additional Material Pertaining to the Education of Students with Disabilities Tools and Assistance CLE developed tools and presentations for parents, advocates, students, legislators and lawyers in advocating, organizing and litigating for a high quality education for all children. Legislative Advocacy CLE's Testimony Before and Comments Submitted to the U.S. Senate (e.g. Health, Education, Labor and Pension Committee) and U.S. House of Representatives (e.g. Committees on Labor and Education). Administrative Advocacy CLE's Comments primarily in response to Notices of Proposed Rulemaking (NPRM) from USED, including Office of Elementary and Secondary Education, Office of Special Education and Rehabilitative Services, Office of Vocational and Adult Education, and Office for Civil Rights. Pleadings and Memoranda Legal Documents, including administrative and judicial complaints and memoranda, briefs, pertinent memoranda on varied legal matters pertinent to effective representation of student-clients.
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