This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.

Enacted in 1975, the Education for All Handicapped Children Act – now called the Individuals with Disabilities Education Act (IDEA) provides all children with the right to a free and appropriate public education. On the face of it, the IDEA is a shining example of law’s democratizing impulse. But is that really the case? In Disabled Education, Ruth Colker digs deep beneath the IDEA’s surface and reveals that the IDEA contains flaws that were evident at the time of its enactment that limit its effectiveness for poor and minority children. Both an expert in disability law and the mother of a child with a hearing impairment, Colker learned first-hand of the Act’s limitations when she embarked on a legal battle to persuade her son’s school to accommodate his impairment. Colker was able to devote the considerable resources of a middle-class lawyer to her struggle and ultimately won, but she knew that the IDEA would not have benefitted her son without her time-consuming and costly legal intervention. Her experience led her to investigate other cases, which confirmed her suspicions that the IDEA best serves those with the resources to advocate strongly for their children. The IDEA also works only as well as the rest of the system does: struggling schools that serve primarily poor students of color rarely have the funds to provide appropriate special education and related services to their students with disabilities. Through a close examination of the historical evolution of the IDEA, the actual experiences of children who fought for their education in court, and social science literature on the meaning of “learning disability,” Colker reveals the IDEA’s shortcomings, but also suggests ways in which resources might be allocated more evenly along class lines.

Aimed at parents of and advocates for special needs children, explains how to develop a relationship with a school, monitor a child's progress, understand relevant legislation, and document correspondence and conversations.

Since 1948 when the United Nations adopted the Universal Declaration of Human Rights, all students have been declared the right to education. The rights of disabled students have not been explicitly addressed, however, and each country has developed their own rules and regulations. Although similarities exist among the different countries, differences are evident, especially in both the extent and acknowledgment of these rights. The Legal Rights of Students with Disabilities: International Perspectives examines the rights of disabled students in ten diverse countries on six continents. Written by leading experts in education law, this volume provides comparative insights to help meet the educational needs of disabled students. The book also offers strategies to manage the legal and educational complexities associated with special education.

Intended for child advocates, this book analyzes children's educational rights under two federal statutes, the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973. The nine chapters address the following topics: (1) the statutory framework of the two laws (including eligibility, age ranges, operation, and reach); (2) content, quality, and the meaning of "free appropriate public education" (e.g., meanings of "special education,""related services," and "least restrictive environment"); (3) special issues regarding related services (e.g., the "medical exclusion," in-school assistance with health-related needs, and children with substance abuse problems or psychiatric disorders); (4) educational evaluations (rights, procedures, and safeguards); (5) individualized education programs, placement decisions, and parent participation; (6) procedural safeguards and dispute resolution (e.g., surrogate parents, administrative complaints, due process, civil action); (7) discrimination against children who have AIDS (acquired immune deficiency syndrome), are positive for HIV (human immunodeficiency virus), or are carriers of hepatitis B; (8) discipline of students with disabilities (statutory entitlements and unresolved issues); and (9) early intervention services for infants and toddlers. Appended are a guide to legal notations and references, and a listing of regional offices of the U.S. Department of Education, Office for Civil Rights. (DB)

Drawing on decades of experience, Jennifer Laviano, a high-profile special education attorney, and Julie Swanson, a sought-after special education advocate, help parents of students with disabilities navigate their school systems to get the services they need for their children. Parents will find no other book on special education like Your Special Education Rights. Julie and Jennifer demystify the federal laws that govern the rights of public school children with disabilities and explain how school districts often ignore or circumvent these laws. They pull the curtain back on the politics of special education, exposing truths that school districts don’t want you to know, such as the fact that teachers are often under extraordinary pressure not to spend resources on services. Most importantly, they outline the central rights you and your child have regarding your child’s education. Did you know that you can refer your child for a special education evaluation? That you can ask for a second opinion if you disagree with the results of some or all of the testing? That you are entitled to parent counseling, training, and more? They also show you how to take that knowledge and apply it to advocating for your child. Here’s what you need to know about the paperwork you will have to complete, detailed information on how to advocate for your child and how to craft language in documents that benefit your child, and more. Filled with vital information and invaluable resources, Your Special Education Rights gives you the information you need to help your child succeed in school and beyond.

It is vital for all professionals in the field of education to have a practical understanding of the laws that are in place to protect the children with whom they work. The Comprehensive Guide to Special Education Law is a detailed yet accessible introduction to federal law as it applies to the rights of children with special needs. Written in a user-friendly question and answer format, the book covers all of the key areas of special education law including parental rights of participation, the legal right to Free Appropriate Public Education (FAPE) and related services, and the complex issues of discipline and dispute resolutions. This book provides educators with knowledge of the requirements, history, and evolution of the laws that impact their daily working lives and gives them the information they need to help parents obtain better services for their children. This is an indispensible handbook that teachers, school management, and school counselors will refer to again and again.