Showing posts with label law review. Show all posts
Showing posts with label law review. Show all posts

Special Education Law and Academia: New Law Review Article

Academia Oamenilor de Stiinta din Romania / Th...Academia Oamenilor de Stiinta din Romania / The Academy of Romanian Scientists (Photo credit: cod_gabriel)


One of the truly cool things about doing this blog is that it has received a good reaction from the academic community. We appreciate their support.  Some of our favorite professors have their own blogs and are listed on the lefthand side of this blog. I was going to mention all of our friends in academia, but I was afraid that I might forget somebody.  So I'll just focus on a few. You know who you are and thank you.

And the academic community has been very kind to me and this blog.  For example, while I was doing a hearing officer training for the Part B and Part C hearing officers in South Carolina last year, I had the privilege of meeting Professor Mitchell Yell. He honored me by mentioning the blog, and he gave me a copy of his textbook, "The Law and Special Education."  It is a valuable resource.

Another good friend of this blog is Professor Mark Weber of DePaul University School of Law. Mark is one of the thinkers in the field of special education law, an to my knowledge he is still the only person to cite this blog in a law review article.

He has also provided a useful treatise.  Recently though, he sent me a copy of a recent law review article, "Common-Law Interpretation of Appropriate Education: The Road Not Taken in Rowley," 41 Journal of Law & Education  95  (January 2012). Too frequently, those of us who practice special education law take the few established principles in our field for granted. (As I have bemoaned, special education law is closer to metaphysics that contract law.)  For example, it is important to occasionally examine the Rowley standard and how it applies to our cases.

In the article, Professor Weber notes that without waiting for a clear conflict in the circuit courts to develop, the Supremes defined FAPE in Rowley as the basic floor of opportunity and in so doing foreclosed the opportunity to develop a common law of appropriate education. He points out that lower courts and commentators before Rowley and opted for a proportional maximization approach, meaning that appropriate would require services that would develop a child's ability to the same extent that non-disabled children are developed.  He also predicts that a number of categories of cases, while not rejecting Rowley, do not fit squarely within the "some benefit" standard Rowley establishes.

Obviously, I have summarized a long article here for our readers.  As with all articles by professor Weber, this one is a must read if you practice special education law.  Thanks for sharing it.
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We're Famous (Almost) Again!

Picture of the clock tower on University Hall ...Image via Wikipedia


For the second time that I am aware of, this blog has been quoted in a law review! We're taking street cred to a whole new level.

Volume 41 of the University of Toledo Law Review contains a note beginning at page 375 by Jeffrey A. Knight.  The article reviews the standards of reviewing when the failure to  implement an IEP constitutes a violation of IDEA. That is, how much of an IEP does a school district have to implement? You can read the article here.

The article quotes us about the hot button issue of IEP implementation.  It also quotes this blog for the proposition that special education law is new law.  Pretty cool, huh?

And get this - footnote number 2 quotes this blog.  Thanks you to Mr. Knight.  Blogs and websites have in many ways increased the ability of people to do research.  I'm glad that we are again part of the expansion of knowledge and debate.

I'll be signing autographs in the lobby at 6 pm!
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