Legal Principles Important in the Preparation of Teachers: Making Inclusion Work

Abstract

All students with disabilities have a right to an appropriate education under federal law. To provide that education, future teachers need to be able to make sound decisions regarding students' individualized education plans (IEPs), assessments, and placements. Even though the federal law clearly defines responsibilities in educating children with disabilities, much conflict has been apparent in the court system and in due process hearings. The nature and number of court cases and due process hearings suggest that the federal law is not always followed. When analyzing conflict situations, it appears that some of those difficult situations could have been avoided. The following four principles are based on errors found in prominent special education court cases, the author's professional experience as an administrator, and a review of due process hearings. If taught to preservice teachers, the principles will help them to plan appropriately for their students. Teachers will be in a better position to avoid a due process hearing or defend the school district if a due process hearing is inevitable. The principles are applicable for all preservice teachers studying any type of disability at any age level.