ERIC Number: ED556062
Record Type: Non-Journal
Publication Date: 2012
Abstractor: As Provided
Autism Spectrum Disorder and New Jersey Administrative Law Decisions: An Analysis of Case Law Involving Public School Students
Barcadepone, Michael J.
ProQuest LLC, Ed.D. Dissertation, Seton Hall University.
The purpose of this case study was to investigate existing New Jersey case law for the special education population classified as Autism Spectrum Disorder (ASD) and analyze New Jersey Administrative Law Judge (ALJ) decisions to identify why districts win or lose cases, adding to the limited body of research in New Jersey. In addition, the purpose of this study concurrently sought to determine if there was a correlation between litigation outcomes and the scientifically-based methods identified in the National Standards Project as acceptable treatments for students with ASD. By analyzing these cases, the study sought to determine a higher level of knowledge and understanding regarding the continuously increasing trend in ASD litigation and provide educationally sound suggestions to reduce litigation. Hence, reduced litigation would save school districts money, while also allowing them to service their students more effectively. The following guiding questions were implemented in this research: (a) What are the similar underlying arguments for each case that petitioners have filed?; (b) What have the court rulings said when parents made unilateral placements?; (c) What types of programs, placements, or methods of instruction do parents demand most frequently?; (d) What role does documentation have in the process and how important was it?; (e) What factors weighed the most when ALJ's made their decisions and rulings?; (f) Where did school districts fail and succeed most often and was there a pattern?; (g) What types of scientifically-based treatments were utilized if any and did they impact on the district's success?; (h) What is the influence of expert medical professionals and/or witnesses testimony on a petitioner's behalf? The methodology utilized in this research was an explanatory case study model. This study produced fifteen recommendations for policy and practice that school districts could adopt and/or implement to reduce litigation. Many of these recommendations are rather simple, with results that could minimize litigation. More importantly, with tight budget constraints, many recommendations could be implemented immediately with zero to minimal financial resources required. [The dissertation citations contained here are published with the permission of ProQuest LLC. Further reproduction is prohibited without permission. Copies of dissertations may be obtained by Telephone (800) 1-800-521-0600. Web page: http://www.proquest.com/en-US/products/dissertations/individuals.shtml.]
Descriptors: Court Litigation, Special Education, Autism, Pervasive Developmental Disorders, Correlation, National Standards, Legal Responsibility, School Districts, Student Rights, Parent Attitudes, Student Placement, Documentation, Educational Practices, Intervention, Allied Health Personnel, Expertise, Case Studies, Educational Policy, Costs
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Publication Type: Dissertations/Theses - Doctoral Dissertations
Education Level: N/A
Authoring Institution: N/A
Identifiers - Location: New Jersey