Education Law and Advocacy

Virginia Construction Law Deskbook
Publication Date: 2015
Available Formats: Print (484 pages, softcover, 1 volume)
  Electronic (searchable PDF via flash drive, CD, or immediate download)
  Both Print and Electronic formats
Product #: 962

Information

Content Highlights:

  • Student and Parental Rights Under the SOLS and ESEA
  • Enrollment in and Access to School
  • School Attendance and Truancy
  • School Discipline and Student Rights
  • Special Education
  • School Discipline and Students with Disabilities
  • Immigration, ESL, and Language Access
  • Section 504 and ADA Basics
  • Taking an Education Case to Court
  • Education of Incarcerated Youth

"We wrote this book because we know firsthand how hard it is to navigate the complex maze of law and regulations governing Virginia’s public schools. It covers a wide variety of topics in education law from the perspective of student's advocates. If you are a guardian ad litem, regularly handle cases in juvenile court, a special education attorney, or see yourself as a child advocate, this book will introduce you to and help demystify the world of education law, from enrollment to graduation."

- Angela Ciolfi, author and legal director of the Legal Aid Justice Center's JustChildren program


A resource for attorneys, special advocates, and parents who advocate for children with traditional and special educational needs produced by JustChildren, a program of the Legal Aid Justice Center, in cooperation with Virginia CLE. Unlike most education law handbooks, which are intended for school administrators and their lawyers, this book is written by and for advocates for students and parents.

  • Written specifically for Virginia practitioners, complete with citations to the statutes, regulations, and case law, updated through the 2015 session of the Virginia General Assembly
  • Practical tips and tools to achieve better outcomes in matters relating to special education, student discipline, truancy, and the educational rights of special populations such as students who are homeless or in foster care
  • Includes new guidance from the U.S. Department of Education on student discipline, special education, and the educational rights of special populations such as incarcerated youth and youth with limited English proficiency
  • Compact and portable 7" x 10" softcover format

New Multi-Book Discount. Buy ANY 2 books and save 20%, 3 books and save 30%, 4 or more and save 40%. Use coupon code BUYMORE.
Government Attorney? Receive a 30% discount on publications, and a 50% discount on most seminars.
New Virginia Lawyer? (less than three years) Receive a 25% discount on publications and most seminars.


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Table of Contents

TABLE OF CONTENTS
About the Authors
Preface

CHAPTER 1: INTRODUCTION TO EDUCATION LAW AND
GENERAL PRACTICE TIPS


1.1 SOURCES OF LAW
    1.101 Statutes and Regulations
    1.102 Case Law

1.2 OBTAINING EDUCATION RECORDS
    1.201 Importance of School Records
    1.202 Privacy and Releases of Information
    
1.3 WHO IS THE CLIENT? RETAINERS/LEGAL
REPRESENTATION AGREEMENTS

1.4 ETHICAL CONSIDERATIONS: REPRESENTED AND
UNREPRESENTED PERSONS AND ORGANIZATIONS

APPENDIX 1-1: AUTHORIZATION FOR RELEASE OF INFORMATION

APPENDIX 1-2: REQUEST FOR EDUCATION RECORDS

APPENDIX 1-3: LEGAL ETHICS OPINION NO. 1537

CHAPTER 2: STUDENT AND PARENTAL RIGHTS UNDER THE
STANDARDS OF LEARNING AND THE ELEMENTARY AND
SECONDARY EDUCATION ACT (ESEA)


2.1 INTRODUCTION
    2.101 In General
    2.102 Accreditation
    
2.2 THE STANDARDS OF LEARNING (SOLS)
    2.201 SOL Tests
    2.202 SOL Tests and Students with Disabilities
    2.203 SOL Tests & Graduation
    2.204 Elementary and Secondary School Act Waiver

CHAPTER 3: ENROLLMENT IN AND ACCESS TO SCHOOL

3.1 INTRODUCTION

3.2 GENERAL ENROLLMENT PRINCIPLES

3.3 DOCUMENTS AND CERTIFICATIONS REQUIRED FOR
ENROLLMENT

3.4 ENROLLMENT FOR SPECIAL POPULATIONS
    3.401 Students Living with Non-Parent Relatives
    3.402 Homeless Students (McKinney-Vento Rights)
    3.403 Youth in Foster Care
    3.404 Suspended, Expelled, or Court-Involved Students
    3.405 Incarcerated Youth

APPENDIX 3-1: BEST INTEREST DETERMINATION FOR FOSTER
CARE SCHOOL PLACEMENT FORM (VDOE AND VDSS)

APPENDIX 3-2: FOSTER CARE IMMEDIATE ENROLLMENT FORM

APPENDIX 3-3: HOMELESS STUDENT KNOW YOUR RIGHTS
FLYER

APPENDIX 3-4: ENROLLMENT COVER SHEET

APPENDIX 3-5: POWER OF ATTORNEY FOR ENROLLMENT
PURPOSES

APPENDIX 3-6: SWORN STATEMENT BY RESIDENT CARETAKER

CHAPTER 4: SCHOOL ATTENDANCE AND TRUANCY


4.1 INTRODUCTION

4.2 COMPULSORY ATTENDANCE REQUIREMENTS
    4.201 In General
    4.202 Home Schooling
    
4.3 TRUANCY AND THE “CHILD IN NEED OF SUPERVISION”
(CHINSUP) PETITIONS
    4.301 School-Based Prevention and Intervention
    4.302 Diversion (Proceeding Informally)
    4.303 Adjudication
    4.304 Disposition
    4.305 Violation of Court Order to Go to School (Pre- or Post-
    Disposition)
    4.306 Dispositional Alternatives
    
CHAPTER 5: SCHOOL DISCIPLINE AND STUDENT RIGHTS

5.1 INTRODUCTION

5.2 SUSPENSION AND EXPULSION GENERALLY
    5.201 Sources of Law
    5.202 Definitions and Disciplinary Authority

5.3 ZERO TOLERANCE
    5.301 In General
    5.302 In Virginia
    
5.4 ALTERNATIVE SCHOOLS AND PROGRAMS
    5.401 Program v. School
    5.402 Placement
    5.403 Students with Disabilities

5.5 PROCEDURAL DUE PROCESS
    5.501 Fourteenth Amendment
    5.502 Statutory Procedures
    5.503 School Board Policies
    5.504 Contents of Written Notice
    5.505 Timelines for Notice, Hearings, and Appeals
    5.506 Hearing Officers and Decision Makers

5.6 ADVOCACY STRATEGIES
    5.601 Goals of the Representation
    5.602 Requesting Discipline Records
    5.603 Preparing for the Hearings

5.7 APPEALS

5.8 CRIMINALIZATION OF SCHOOL MISCONDUCT
    5.801 School-Court Communications
    5.802 Investigation by School and Law Enforcement Officials

5.9 OTHER ISSUES IN STUDENT DISCIPLINE
    5.901 Punishment of Off-Campus Conduct
    5.902 Allegations of Gang Activity and the First Amendment
    5.903 Corporal Punishment Prohibited; Reasonable Force
    Permitted
    5.904 Bullying
    5.905 Threat Assessments

APPENDIX 5-1: DEAR COLLEAGUE LETTER: HARASSMENT AND
BULLYING

APPENDIX 5-2: REQUEST FOR A SUPERINTENDENT’S HEARING

APPENDIX 5-3: REQUEST FOR A SCHOOL BOARD HEARING

CHAPTER 6: SPECIAL EDUCATION

6.1 HISTORY AND OVERVIEW OF SPECIAL EDUCATION LAW
    6.101 History
    6.102 Overview of Special Education Law

6.2 WHO QUALIFIES FOR SPECIAL EDUCATION AND
RELATED SERVICES UNDER IDEA?

6.3 FREE APPROPRIATE PUBLIC EDUCATION (FAPE)

6.4 PARENTAL RIGHTS AND THE DEFINITION OF “PARENT”

6.5 FROM CHILD FIND TO ELIGIBILITY
    6.501 Child Find
    6.502 Early Intervening Services and Response to Intervention
    6.503 Referral for Initial Evaluation (Child Study Process)
    6.504 Evaluations and Reevaluations
    6.505 Independent Educational Evaluations (IEE)
    6.506 Eligibility Determinations

6.6 THE IEP TEAM
    6.601 Parental Consent for Services
    6.602 IEP Development and IEP Team

6.7 CONTENT OF THE IEP
    6.701 Present Levels of Performance
    6.702 Annual Goals
    6.703 Related Services
    6.704 Transition Services

6.8 PLACEMENT
    6.801 Placements and Locations of Services Generally
    6.802 Least Restrictive Environment

6.9 DISPUTES
    6.901 In General
    6.902 Informal Resolution
    6.903 Complaint to the Virginia Department of Education
    (VDOE)
    6.904 Mediation
    6.905 Due Process Hearings
    6.906 Available Remedies
    6.907 Due Process Litigation Tips

APPENDIX 6-1: DUE PROCESS HEARING REQUEST

APPENDIX 6-2: PARENTAL REQUEST FOR RESEARCH-BASED
INTERVENTION AND SPECIAL EDUCATION EVALUATION

CHAPTER 7: SCHOOL DISCIPLINE AND STUDENTS WITH
DISABILITIES


7.1 OVERVIEW OF THE PROCESS

7.2 DISCIPLINARY CHANGES IN PLACEMENT

7.3 MANIFESTATION DETERMINATION REVIEW

7.4 WEAPONS, DRUGS, AND SERIOUS BODILY INJURIES

7.5 SERVICES DURING REMOVAL

7.6 DISCIPLINING STUDENTS NOT YET FOUND ELIGIBLE
FOR SPECIAL EDUCATION

7.7 DISPUTE RESOLUTION/CHALLENGING THE MDR
DECISION

APPENDIX 7-1: BEST PRACTICES GUIDE FOR MANIFESTATION
DETERMINATION REVIEW HEARINGS

CHAPTER 8: IMMIGRATION, ENGLISH AS A SECOND LANGUAGE,
AND LANGUAGE ACCESS—EQUAL ACCESS FOR
IMMIGRANT CHILDREN AND STUDENTS WITH LIMITED
ENGLISH PROFICIENCY


8.1 PLYLER V. DOE AND THE “RIGHT” TO EDUCATION

8.2 ENROLLMENT ISSUES FOR IMMIGRANT STUDENTS

8.3 LEGAL FOUNDATIONS OF TITLE VI AND THE EQUAL
EDUCATION OPPORTUNITY ACT
    8.301 Title VI of the Civil Rights Act of 1964
    8.302 The Equal Education Opportunity Act (EEOA)

8.4 ENGLISH AS A SECOND LANGUAGE (ESL) AND
BILINGUAL EDUCATION IN VIRGINIA
    8.401 In General
    8.402 Segregation by National Origin
    8.403 Identification and Eligibility
    8.404 Instructional Qualifications
    8.405 Termination of ESL Services
    8.406 Special Opportunity Programs
    
8.5 STUDENTS WITH LIMITED ENGLISH PROFICIENCY AND
THE SOLS

8.6 SPECIAL EDUCATION AND STUDENTS WITH LIMITED
ENGLISH PROFICIENCY

8.7 ENFORCEMENT OF RIGHTS AND REMEDIES
    8.701 Informal Dispute Resolution
    8.702 Title VI
    8.703 EEOA

8.8 DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)

APPENDIX 8-1: DEFERRED ACTION FOR CHILDHOOD ARRIVALS
INFORMATION SHEET

CHAPTER 9: SECTION 504 AND ADA BASICS

9.1 OVERVIEW

9.2 SECTION 504 OF THE REHABILITATION ACT

9.3 TITLE II OF THE AMERICANS WITH DISABILITIES ACT

CHAPTER 10: TAKING AN EDUCATION CASE TO COURT

10.1 INTRODUCTION

10.2 FEDERAL COURT

10.3 CIRCUIT COURT REVIEW

10.4 PRELIMINARY INJUNCTION

10.5 JUVENILE COURT: PETITIONS OR MOTIONS TO ORDER
EDUCATIONAL SERVICES

APPENDIX 10-1: PETITION TO REVIEW SCHOOL BOARD
DECISION

APPENDIX 10-2: MEMORANDUM OF LAW SUPPORTING MOTION
TO ORDER EDUCATIONAL SERVICES

CHAPTER 11: EDUCATION OF INCARCERATED YOUTH


11.1 TERMINOLOGY: “DETENTION” V. “COMMITMENT”
    11.101 Commitment
    11.102 Detention
    11.103 The Court Services Unit (“Probation” or “Community
    Supervision”)

11.2 EDUCATIONAL RIGHTS DURING CONFINEMENT
    11.201 Children with Disabilities
    11.202 Educational Records
    11.203 Sixty-Day Review

11.3 EDUCATIONAL RIGHTS UPON RELEASE:
REENROLLMENT REGULATIONS
    11.301 Eligibility
    11.302 Entering DJJ or Detention Home Custody
    11.303 Planning for Reenrollment upon Release from Custody

APPENDIX 11-1: DEPARTMENT OF JUVENILE JUSTICE
RECORDS REQUEST

Authors

Primary Authors

Emily Suski

Angela Ciolfi

Additional Authors

Jeree Thomas

Crystal Shin

Mario Salas

Jason Langberg

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