The Construction of an Appropriate Education Program by Florida Administrative Law Judges Pre-"Rowley," Post-"Rowley," and Post-IDEA 2004

Autor/inn/en	Henry, Michelle; Johnson, Heather
Titel	The Construction of an Appropriate Education Program by Florida Administrative Law Judges Pre-"Rowley," Post-"Rowley," and Post-IDEA 2004
Quelle	In: Power and Education, 10 (2018) 1, S.58-70 (13 Seiten)Infoseite zur Zeitschrift PDF als Volltext Verfügbarkeit
Zusatzinformation	ORCID (Henry, Michelle)
Sprache	englisch
Dokumenttyp	gedruckt; online; Zeitschriftenaufsatz
ISSN	1757-7438
DOI	10.1177/1757743818754397
Schlagwörter	Court Litigation; Educational Legislation; Federal Legislation; Equal Education; Judges; Special Education; Individualized Education Programs; Students with Disabilities; Discourse Analysis; Parents; School Districts; Florida + Suchen Sie Ihr Suchwort? Rechtsstreit; Bildungsrecht; Schulgesetz; Bundesrecht; Judge; Richter; Special needs education; Sonderpädagogik; Sonderschulwesen; Individualized education program; Individualisierendes Lernen; Student; Students; Disability; Disabilities; Schüler; Schülerin; Studentin; Behinderung; Diskursanalyse; Eltern; School district; Schulbezirk
Abstract	This critical discourse analysis examines the construction of an "appropriate" education by Florida administrative law judges in their special education final orders over time. The results indicate that despite each child being different, the construction of an appropriate education was uniform within the given time periods. Prior to the "Rowley" decision, the administrative law judges utilized their own judgment in constructing an appropriate education. This construction was based on whether or not the proposed Individualized Education Program was designed to meet the needs of the child. Each final order avoided discussing the law in detail, credibility, deference, or burden of proof. The results indicate that after "Rowley" and the Individuals with Disabilities Education Act (2004), the "Rowley" decision established an epistemic hierarchy. It gave deference to school districts--not parents--as experts. Additionally, after "Rowley" and the Individuals with Disabilities Education Act, the power of an administrative law judge to construct an appropriate education was constrained by the discourse in the "Rowley" decision. Throughout all three time periods, the administrative law judges all emphasized that students were not entitled to the best education possible. (As Provided).
Anmerkungen	SAGE Publications. 2455 Teller Road, Thousand Oaks, CA 91320. Tel: 800-818-7243; Tel: 805-499-9774; Fax: 800-583-2665; e-mail: journals@sagepub.com; Web site: http://sagepub.com
Erfasst von	ERIC (Education Resources Information Center), Washington, DC
Update	2024/1/01