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ARTICLE ANALYSIS: SPECIAL EDUCATION LAW ASSIGNMENT
Introduction
Mitchell L. Yell and Antonis Katsiyannis wrote the article "Endrew F. v. Douglas County
School District (2017) and Special Education Law: What Teachers and Administrators Need to
Know," which thoroughly examines the origins and how the laws of Special Education have
evolved. This article emphasizes the importance of school personnel participating in effective
staff development to stay informed about these laws. The lack of knowledge of changes with the
Special Education laws could result in legal issues such as financial liabilities for schools, or
strained relationships with parents due to loss of trust. The authors references two landmark court
cases, Board of Education v. Rowley and Endrew F. v. Douglas County School District, to bring
attention to mistakes made under the IDEA which guarantees FAPE to eligible students with
disabilities. They call attention to the federal government's collaboration with states to ensure
they uphold these rights by requiring states to submit compliance plans to the Department of
Education. Schools must implement agreed upon services as outlined in students' IEP to ensure
the student receives FAPE and has education on how to live an independent lifestyle as much as
able. Despite these laws being taught in educator programs, ongoing changes can leave some
teachers and administrators, especially those not focused on special education, uninformed and
at risk for consequence.
Foundational elements of Special Education
The IDEA is one of the most important educational laws concerning students with
disabilities. This law demonstrates the state’s partnership with the federal government to educate
students with disabilities specified by law. The IDEA requires schools to develop IEPs for
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ARTICLE ANALYSIS: SPECIAL EDUCATION LAW ASSIGNMENT
eligible students with disabilities so they can receive FAPE. (Freedman,2020,p.5) . After it is
decided which program of special education a student will receive, then it is determined which
placement is most appropriate for the student to receive an appropriate education. Placement is
determined based on students unique individual needs. The LRE mandates that, as much as
feasible, students with disabilities should be educated alongside their non-disabled peers.
(Bateman & Yell, 2019) .Michael A. Couvillon, Mitchell L. Yell and Antonts Katsiyannis,
explain FAPE and discuss why it is important for school personnel to understand their roles in
providing FAPE and that parents of students with disabilities understand their children’s rights
when it comes to FAPE. In the Board of Education v. Rowely the definition of FAPE was majorly
influenced and the Supreme Court came up with a two part test to direct courts in this area in the
future. First, did the school district follow the legal procedures outlined in the law, and second,
was the IEP effectively designed to ensure the student received educational benefits? In the
second case heard by the Supreme Court regarding a schools responsibility to provide FAPE,
Endrew F. v. Douglas County School District the court held that IEPs are to “be reasonably
calculated to enable the child to make progress appropriate in light of the child’s circumstances.”
(Freedman, 2020,p. 5)
Ramifications of Ignorance
The author states that one of the most significant procedural errors is failing to include a
student’s parents in the IEP process. Not including parents in the decision-making process for
their child's education can be viewed as a denial of FAPE because the IDEA mandates parental
involvement in the development and implementation of an IEP. A Ramification of Ignorance in
regards to parental involvement would be a loss of critical information the parents can provide
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ARTICLE ANALYSIS: SPECIAL EDUCATION LAW ASSIGNMENT
about the students strengths, weaknesses and learning preferences. Other errors that occur that
could result in a denial of FAPE mentioned by the author are predetermination of goals and
related services, determining placement prior to meeting and not having the appropriate team
members present for the meeting. The ramifications of ignorance in these areas can lead to sever
consequences for school districts such as noncompliance with legal obligations. Noncompliance
to legal obligations could result in Educators facing legal consequences and reduced professional
credibility . Also, school districts could be fined and damage their reputation, making it harder
for them to provide inclusive school and educational environments for all students. (Lewis et al.,
2021)
Discussion
This article offers useful insights into special education laws and procedures, making it
an essential read for school personnel and even parents. The author highlights the reasons
schools districts could potentially face lawsuits and emphasizes the legal protections put in place
from Court Cases before such as Endrew F. v. Douglas County School District and Board of
Education v. Rowely to ensure that all students receive a free and appropriate education. It's
crucial for districts, school personnel, teachers, to be provided with training that allows them to
stay up to date on and be made aware of laws and legal updates regarding special education and
how best practices can be implemented. The authors clearly outline key special education laws
such as FAPE, IDEA, and LRE, emphasizing the importance for educators and administrators to
understand these regulations prior to engaging with students who have disabilities . Creating an
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ARTICLE ANALYSIS: SPECIAL EDUCATION LAW ASSIGNMENT
informed atmosphere allows us to reduce legal conflicts and establish trust with parents,
guaranteeing that we equip their children with the necessary resources for academic success.
Achieving this demands a united effort in educating our children effectively.
Conclusion
As Christian Special educators it is our job to advocate and stand up for students with
disabilities to make sure they are able to receive appropriate education opportunities. “SpeakEup
for those who cannot speak for themselves, for the rights of all who are destitute. Speak up and
judge fairly;Edefend the rights of the poor and needy. Proverbs 31:8-9 (King James Version). By
studying and staying up date we can effectively prepare ourselves to carry out the duty stated in
Proverbs 31:8-9 It id out responsibility to stay updated on the laws to effectively play our role as
a special educator.
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ARTICLE ANALYSIS: SPECIAL EDUCATION LAW ASSIGNMENT
References
Bateman, D., & Yell, M. L. (2019). Current trends and legal issues in special education. Corwin
Press.
Couvillon, M. A., Yell, M. L., & Katsiyannis, A. (2018). Endrew F. v. Douglas County School
District (2017) and special education law: What teachers and administrators need to know.
Preventing School Failure: Alternative Education for Children and Youth, 62(4), 289–299.
https://doi.org/10.1080/1045988x.2018.1456400
Freedman, M. K. (2020). IEP and Section 504 team meetings...and the law. Corwin.
King James Version (KJV) - Version information - BibleGateway.com.
(n.d.).https://www.biblegateway.com/versions/King-James-Version-KJV-Bible/
Lewis, M. M., Burke, M. M., & Decker, J. R. (2021). The relation between The Individuals with
Disabilities Education Act and Special Education Research: A systematic review.
American Journal of Education, 127(3), 345–368. https://doi.org/10.1086/713825
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