Leadership Insider, Nov. 2006: Additional Resources

Links to any documents identified by the contributors to the November 2006 issue of Leadership Insider and any related resources are provided under each author’s name. Links to the author’s organization and, where authorized, the author’s e-mail address also are provided. Links to additional resources on special education appear at the end.

Thomas Hutton introduction
National School Boards Association
thutton@nsba.org

Summary of Schaffer v. Weast
NSBA summary of U.S. Supreme Court decision that courts should not automatically presume that a school’s proposed Individualized Education Program (IEP) for a student is inadequate until proven otherwise, with links back to additional resources including NSBA’s amicus brief to the Court in the case.

Summary of Arlington Central School District v. Murphy
NSBA summary of U.S. Supreme Court decision that school districts do not have to pay for a parent’s non-attorney experts or consultants, with links back to additional resources including NSBA’s amicus brief to the Court in the case.

NSBA Federal Action Alert on Congressional accountability
June 2006 National Affiliate alert by NSBA Associate Executive Director Michael A. Resnick detailing federal underfunding of IDEA and other education programs, with suggestions for holding Congress more accountable.

Christopher Borreca on adversarial system
Bracewell & Giuliani LLP
cborreca@bracepatt.com

Information on School Days, Rule Days: The Legalization and Regulation of Education
Information on the 1986 book edited by David L. Kirp and Donald N. Jensen and cited by Mr. Borreca. The information is from ERIC, the Education Resources Information Center, an online library of education research and information sponsored by the Institute of Education Sciences of the U.S. Department of Education.

Common Good fact sheet on Special Education
2004 fact sheet, with links to publications, by Common Good, a tort reform advocacy organization that has a project focused on the legalization of education.

The Paralyzing Fear of Education Litigation
Commentary for the National Association of State Boards of Education by Lehigh University professor Perry Zirkel, one of the foremost authorities on public school litigation trends, arguing that overall litigation fears by educators may be overblown but that special education is a problematic area.

Richard S. Vacca on early dispute resolution
Commonwealth Educational Policy Institute, Virginia Commonwealth University
richardnancyvacca@comcast.net

"Reflections on the Individuals with Disabilities Education Improvement Act"
January 2006 Florida Law Review article written by Depaul University law professor Mark C. Weber and cited by Professor Vacca. This link is to an abstract at the website of the Social Science Research Network (SSRN), a collaborative of scholars devoted to dissemination of social science research. The entire article can be downloaded for free by clicking on the "Document Delivery" icon.

Consortium for Appropriate Dispute Resolution in Special Education (CADRE)
Website of CADRE, the National Center on Dispute Resolution, which is funded by the United States Department of Education’s Office of Special Education Programs. Includes resources on early dispute resolution efforts and innovations.

Deryl W. Wynn on war stories
McAnany, Van Cleave & Phillips, P.A.
dwynn@mvplaw.com

Free Appropriate Public Education for Students with Disabilities: Requirements Under Section 504 of the Rehabilitation Act of 1973
1999 pamphlet published by the U.S. Department of Education’s Office for Civil Rights and cited by Mr. Wynn for its definition of a free, appropriate public education (FAPE). While this publication addresses Section 504 rather than IDEA, FAPE applies to both acts.

National Association of State Directors of Special Education RTI Project
Website of resources developed for NASDSE’s technical assistance project to states and school districts. These include a free introductory Power Point presentation and a short paper on “The myths about RTI implementation.” The site indicates that in the near future it also will include a series of “Blueprint” documents designed to give state-, school district- and building-level officials tools for self-assessment and RTI implementation strategies.

Andrew A. Manna on IDEA 2004
Bose, McKinney & Evans LLP
amanna@boselaw.com

Individuals with Disabilities Education Act of 2004 Final Regulations: Summary of the Key Provisions and Issues Impacting Local School Districts
September 2006 report by NSBA and Ronald D. Wenkart, General Counsel for Orange County (CA) Dep’t of Education and member of NSBA Council of School Attorneys. User-friendly summary of regulatory provisions cross-referenced with NSBA’s advocacy positions.

Darryl L. Farrington on Response to Intervention (RTI)
Semple, Miller, Mooney & Farrington LLP
dfarrington@smmpc.com

Learning Disabilities Association of America RTI Summary
2005 document by disabilities advocacy group. Stops short of outright opposition to RTI, but points out multiple reasons the group views RTI with caution.

Responsiveness to Intervention: A Blueprint for Practitioners, Policymakers, and Parents
2001 article by Douglas and Lynn S. Fuchs in Teaching Exceptional Children. Suggests a widely-accepted approach to the "protocol" model of RTI.

Russell Skiba on disproportionality
Center for Evaluation & Education Policy, Indiana University Bloomington
skiba@indiana.edu

Center for Evaluation and Education Policy (CEEP)
Website of CEEP, which includes information on the Indiana Disproportionality Project, a collaborative effort by CEEP, the Indiana Department of Education, and eight Indiana school corporations to describe the extent and character of disproportionality in the state of Indiana, increase understanding of the causes of disproportionality in order to guide remediation efforts, and develop a model for addressing racial disparities in special education.

Addressing the Disproportionate Representation of Culturally and Linguistically Diverse Students in Special Education through Culturally Responsive Educational Systems
September 2005 Education Policy Analysis Archives article by Janette K. Klingner et al. presenting a conceptual framework for addressing the disproportionate representation of culturally and linguistically diverse students in special education. Accessed on the website of the National Center for Culturally Responsive Educational Systems, a project funded by the U.S. Department of Education's Special Educations Programs that provides other resources on disproportionality.

Other resources

NSBA School Law Issues pages on Special Education
Additional resources, as well as news summaries and summaries of court decisions from NSBA’s free weekly school law e-newsletter, Legal Clips.

"Data and Dollars: How one school district saved millions on its special education program," By Sam Dempsey
Article from May 2005 American School Board Journal profiling how Winston-Salem/Forsyth County Schools (WS/FCS) in central North Carolina saved $3 million annually by introducing software to save staff time and resources.

Resources available for purchase

Special Education: Legal Pointers for Public Schools - June 2006
This training program, a chapter of the School Law Primer offered by the NSBA Office of General Counsel, provides an overview of the specific legal issues surrounding special education after the reauthorization of IDEA. It covers the major principles of IDEA, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act. Major case summaries are included. This document includes an embedded, complete PowerPoint presentation.