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Chapter 1 — History of Special Education - Chapter 2 — The Process of Special Education and Law of Special Education Litigation Issues
- I. [2.1] Pre-K Education
- II. [2.2] Child Find
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III. Eligibility - IV. Evaluation
- V. Individualized Education Program Design
- [2.17] Components of Individualized Education Program and Individualized Education Program Design Requirements
- Understanding a Free Appropriate Public Education in the Context of Individualized Education Program Design
- [2.18] Reasonably Calculated To Confer a Substantial Benefit
- [2.19] Complying with State Standards
- [2.20] Nonacademic Standards (Social and Emotional Needs, Extracurricular Activities, and Functional Needs)
- [2.21] Using Evidence-Based Methods
- [2.22] Consideration of All Relevant Data Including Evaluations
- [2.23] Special Factors
- [2.24] Members of the Individualized Education Program Team
- [2.25] Areas of Need
- [2.26] Present Levels of Performance
- [2.27] Goals
- [2.28] Progress Reports and Benchmarks
- [2.29] Accommodations
- [2.30] Related Services
- [2.31] Transition Plan
- [2.32] Extended School Year Services
- [2.33] Placement
- [2.34] Least Restrictive Environment
- [2.35] Therapeutic Environments
- Aspects of Individualized Education Program Design Not Explicitly Set Out in Statute or Regulation
- [2.36] Substantive vs. Procedural Violations of the Individuals with Disabilities Education Act
- [2.37] Safety Considerations
- [2.38] Methodology
- [2.39] Previous Performance and Whether the Individualized Education Program Actually Produced Progress
- [2.40] Implied Components to an Individualized Education Program
- [2.41] Parental Input
- [2.42] Need To Revise an Individualized Education Program
- VI. [2.43] Placement
- [2.44] Definition of “Placement”
- [2.45] The Law of the Option on the Continuum of Alternative Placement Options
- [2.46] Relation of Placement and Program to Location of Services
- [2.47] District Programs Cannot Drive Individualized Education Program Team Decisions if District Programs Cannot Meet a Child’s Unique Educational Needs
- [2.48] Inappropriate Location of Services as a Violation of the Individuals with Disabilities Education Act
- VII. Individualized Education Program Implementation
- VIII. Expedited Hearings
- [2.52] In General
- [2.53] Understanding Placement in the Expedited Disciplinary Hearing Context
- [2.54] District Authority To Discipline Children with Special Needs
- [2.55] Decision To Change a Child’s Placement as a Result of Disciplinary Issues and the Need for a Manifestation Determination Placement
- [2.56] Removal for a Pattern of Disciplinary Removals
- [2.57] Interim Placements for Special Circumstances
- [2.58] Interim Placements Ordered by a Hearing Officer
- [2.59] Hearings for Disciplinary Matters and Remedies for Violations
- [2.60] Disciplinary Removals Extend to Children When an Evaluation Has Been Requested
- 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
- I. [5.1] Who Bears the Burden of Proof?
- II. Ways To Demonstrate Progress
- III. Methods of Judging Individualized Education Program Design Arguments
- [5.8] Rules of Evidence and Procedure
- [5.9] Medical vs. Educational Diagnoses and Determination of Placement
- Use of Experts
- [5.10] Qualifying Experts and Eliciting Expert Testimony
- [5.11] Obtaining an Independent Evaluation from the Hearing Officer
- [5.12] Reasons for an Independent Evaluation at District Expense
- [5.13] Hearing Officer May Be Able To Make Expert Inferences
- [5.14] Laying Foundations for Expert Testimony
- [5.15] Subjects of Expert Testimony
- [5.16] Reasonable Degree of Professional Certainty
- [5.17] Specific Cases That Require Expert Testimony
- [5.18] Record Reviews vs. Full Independent Evaluations
- [5.19] Official Notice
- Chapter 6 — Remedies
- I. [6.1] Remedies Based on Equitable Considerations
- II. [6.2] Maxims of Equity and the Snapshot Rule
- III. [6.3] Good Faith of Parties
- IV. [6.4] Focus of Due-Process Litigation
- V. [6.5] Individualized Education Program Change
- VI. [6.6] Private Placement or Location of Services
- [6.7] Consideration of Private Placements or Locations of Services at Individualized Education Program Meeting
- [6.8] Notice of Intent To Enroll in a Private Placement or Location of Services; Tuition Reimbursement
- [6.9] Private Placement While Child Is Enrolled in Public School or Not Enrolled in Any School
- VII. [6.10] Compensatory Education
- VIII. [6.13] Changing Grades, Ordering Graduation, and Expunging Records
- IX. [6.14] Additional Evaluations
- X. [6.15] Attorneys’ Fees and Costs
- XI. [6.16] Individualized Education Program Meetings
- Chapter 7 — Practice Tips
- I. [7.1] Understanding Reasonableness
- II. [7.2] Proving Harm for Loss of Educational Benefit or Interference with Parental Rights
- III. [7.3] Litigating on a Budget: Reviewing Records, Bifurcating Hearings To Order Evaluations, Obtaining Hearing Officer Ordered Evaluations
- IV. [7.4] Compensatory Education Plans
- V. [7.5] Telephone Testimony
- VI. [7.6] Decisions Based on Substantive Grounds
- VII. [7.7] Litigating Complex Cases, Breaking Down Cases, and Litigating According to the Process for Providing Special Education
- VIII. [7.8] Profoundly Disabled Children (Medically Fragile, Severe Intellectual Disabilities)
- IX. [7.9] Compensating for Lack of Discovery Practice in Special Education Due-Process Litigation
- Chapter 8 — Miscellaneous
- I. [8.1] Final Decision of the Hearing Officer
- II. [8.2] The State Complaint System
- III. [8.3] Children in Private Schools
- IV. [8.4] Residency Issues in Special Education
- V. [8.5] Evaluation
- VI. [8.6] Settlement Agreements
- VII. [8.7] Hearings Under the Rehabilitation Act and Exhaustion of IDEA Remedies for Other Federal Statutes Including the Americans with Disabilities Act
- VIII. [8.8] Stay-Put Injunctions
- IX. [8.9] Statute of Limitations and Equitable Tolling
- Michael Risen
Michael Risen
Michael Risen is an Associate Professor at Bradley University in Peoria, where he teaches U.S. public school law, special education law, and leadership theory and practice. Mr. Risen has been an educational consultant and special education advocate since 2004 and was an impartial due-process hearing officer in Illinois from 2008 – 2015. He has been an invited speaker for the Illinois State Board of Education’s due-process hearing officers’ training and for the Illinois Principals Association and various Illinois school districts on special education law. He is a member of the Illinois Association of School Administrators and the Central Illinois Valley Division of School Administrators and is Chairperson of the Bradly University Superintendent’s Roundtable. Mr. Risen received his B.S., M.S., and Ph.D. from Illinois State University and his Ed.S. from Western Illinois University.
- Joseph P. Selbka
Joseph P. Selbka
Joseph P. Selbka is Income Partner at Pluymert, MacDonald, Hargrove & Lee, Ltd., in Hoffmann Estates, where he concentrates his practice on civil litigation (including school and municipal litigation), as well as employment litigation, real estate litigation, contested trusts and estates, and commercial litigation. He is a member of the Illinois State Bar Association, Chair of the DuPage County Bar Association’s School Law Committee, and a member of the Arlington Heights Zoning Board of Appeals. Mr. Selbka received his B.A. from the University of Illinois, his J.D. cum laude from the University of Minnesota Law School, and his M.P.A. from the University of Illinois at Chicago, where he was a member of Pi Alpha Alpha Honors Society. He was an adjunct lecturer at the University of Illinois at Chicago College of Urban Planning and Public Affairs from 2003 – 2016, where he taught courses related to the legal context of public administration.
Special Education Due-Process Litigation (ARCHIVED 2016 EDITION)
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