This title covers special education issues arising under the Individuals with Disabilities Act and the Illinois School Code.
Special education is a procedure for reasoned decision-making in providing education to children with disabilities according to their unique needs, strengths, and weaknesses. Special education litigation is a way to correct the failings of the statutory process and to reset a statutory process that has gone awry. Whether you represent parents or school districts, this book is your guide through this statutory process, including analysis of the history of special education, the process of special education, the law of special education litigation issues, procedural statutes governing due-process hearings, the due-process hearing request, issues of proof at hearing, remedies, and invaluable practice tips. Other topics covered are the final decision of the hearing officer, the state complaint system, children in private schools, residency issues, evaluation, settlement agreements, hearings under the Rehabilitation Act, exhaustion of remedies in the Individuals with Disabilities Education Act, stay-put injunctions, and statutes of limitations and equitable tolling.
Authors: Michael Risen, Associate Professor, Bradley University, Peoria, and Joseph Selbka, Law Offices of Joseph P. Selbka, Rolling Meadows
Chapter 1 — History of Special Education
Chapter 2 — The Process of Special Education and Law of Special Education Litigation Issues
Chapter 3 — Procedural Statutes Governing Due-Process Hearings
Chapter 4 — The Procedure of a Due-Process Hearing Request
Chapter 5 — Issues of Proof at Hearing
Chapter 6 — Remedies
Chapter 7 — Practice Tips
Chapter 8 — Miscellaneous