Running Head CHAPTER 3

Special Education



Special Education

Introduction

This Chapter is divided into the following sections: (a) introduction, (b) research questions, (c) methodology including descriptions of research design, instrument, procedures, and analysis of data, and (d) summary. The methods and procedures that were employed to assess each…….

Statement of the Problem

Lacking adequate knowledge or not understanding the law is no excuse for violating the law. Nevertheless, many educational lawsuit cases are the direct result of administrators not having adequate knowledge of how laws affect education and apply to daily operations and situations inherent in public schools (Dunklee and Shoop, 1986). The number of federal mandates and resulting litigation surrounding these mandates has increased dramatically, particularly in the area of special education (Thune, 1997). This is due to the lack of knowledge about the legal foundations that surround the education of children with disabilities. An administrator's knowledge is a prerequisite for proper implementation of the laws involving special education services. It is imperative that administrator preparation programs are training administrators with knowledge of special education law.

Public Law 94-142 (P.L. 94-142), requires schools to provide special education services to eligible students regardless of the extent or nature of disability and provided parents with opportunities for legal litigation for failure to do so. Special education issues are one of the most problematic areas of the administrator's job (Johnson & Duffett,2003). Special education services within the schools are entangled with a continuing expansion of rules and regulations (Potter & Apicella, 2002). Litigation and judicial cases in special education have increased dramatically and can be traced to the passages of the Education for All Handicapped Children Act of 1975 (Robertson, 1996).

Short (2004) emphasized that special education decisions within a school need to be aligned with mandates, due process, mediation, and judicial proceedings. The consequences can be costly for local school districts. Given administrators are more often than not responsible for the administration of special education programs at the building level, it is imperative that administrators have appropriate knowledge and training in special education programming and special education law (Copenhaver, 2005).

Nationwide only 33% of all regular administration endorsements, excluding those issued for special education administrators, require knowledge of special education law (Valesky & Hirth, 1992). This percentage is perplexing considering the potential for possible litigation and the increased inclusion of students with disabilities in the general regulation environment. It appears that nationwide the acquired knowledge inherent in administrative licensure is not congruent with the identified needs and delegated responsibilities of administrators.

Many administrators are inadequately prepared to deal with special education issues in the field of Special Education. Educational programs often provide limited information regarding this complex and litigious field, leaving administrators vulnerable and at risk for breaking the law. Goor and Schween (1997) reported that principals often felt unprepared for the role they needed to assume in the area of special education. This may cause administrators to have difficulty in providing leadership, and effectively managing special education programs.

There have been studies that have actually assessed principals' ...